CENOMAR Shows an Unknown Marriage: How to Cancel a Fraudulent Marriage Record in the Philippines

This is general information for the Philippine setting. It is not a substitute for legal advice about your specific facts.

Quick overview

If your PSA CENOMAR/Advisory on Marriages (AOM) wrongly shows that you are married, the proper remedy is to cancel or correct the civil registry entry that created that “marriage.” Clerical slips (misspellings, transposed digits) may be fixed administratively with the Local Civil Registrar (LCR), but anything that acknowledges or denies the existence of a marriage is a substantial matter and normally requires a court petition under Rule 108 of the Rules of Court. In parallel, you may pursue criminal complaints for falsification and protective steps against identity theft.

Key terms

CENOMAR – Certification from the PSA that a person has no recorded marriage. If a marriage appears, PSA will usually issue an Advisory on Marriages (AOM) instead, listing the details.
PSA – The Philippine Statistics Authority, custodian of national civil registry records.
LCR – Local Civil Registrar of the city/municipality where a birth, marriage, or death was recorded.
Rule 108 – Court procedure for cancellation/correction of entries in the civil register (substantial changes).
R.A. 9048/10172 – Laws allowing administrative corrections for clerical or typographical errors and certain day/month/sex corrections, not for declaring a marriage existent/non-existent.

Why an “unknown marriage” can show up

Identity confusion / namesake – A different person’s marriage was indexed to your identity due to similar name, birthdate, or parent names.
Encoding/transcription error – A digit or name was mistyped when the marriage was registered or digitized.
Fraud or identity theft – Someone used your identity to “marry,” or a third party fabricated a marriage record.
Invalid solemnizing officer/license – A sham ceremony resulted in a paper trail that was nonetheless registered.
Foreign/reported marriage – A “Report of Marriage” (ROM) was filed with a Philippine embassy/consulate and transmitted to PSA even though you never married abroad.

Immediate steps (first 2–4 weeks)

Get copies
- Obtain the PSA AOM and any certified copy of the marriage certificate (if PSA can produce one).
- Note the LCR where the marriage was registered, the date, registry book and entry number, and names of the “spouse” and solemnizing officer.
Verify at source
- Go to (or write to) the LCR indicated on the certificate and request:
  - A certification whether an original marriage record exists in their registry book.
  - Certified copies of the marriage certificate, marriage license application, marriage license, and any attachments (IDs, CENOMARs submitted, parental consent, etc.), if they claim a record exists.
- If no such entry exists in the LCR book, ask for a Negative Certification.
Secure your identity trail
- Obtain NBI Clearance and, if appropriate, file a police blotter describing possible identity theft.
- Keep current government IDs and proof of residence handy.
Document everything
- Create a file with: PSA AOM, PSA/NSO transaction receipts, LCR certifications, your valid IDs, birth certificate, negative certifications, and any correspondence.

Choosing the proper remedy

A. When an administrative fix may be enough

Purely clerical mistakes (misspelled middle name; transposed digits in birthdate) on an otherwise correct record can be corrected with the LCR under R.A. 9048/10172.
But if the issue is whether you are married at all, that is substantial and not covered administratively.

B. When you need a court petition (the usual scenario)

If the record asserts a marriage involving you, and you deny ever marrying, you typically must file a Rule 108 Petition to cancel the marriage entry and direct PSA/LCR to annotate their registries.

Important: You are not filing an annulment or declaration of nullity. Those assume a real marriage occurred. Here, the theory is no marriage ever existed as a matter of fact and law, so the registry’s entry is erroneous or fraudulent.

The Rule 108 process (step by step)

Venue & parties
- File in the Regional Trial Court of the province/city where the civil registry is kept (i.e., where the marriage was recorded).
- Name as respondents: the Local Civil Registrar, the PSA, the alleged spouse, and any other persons who appear to be affected (e.g., the solemnizing officer). The Office of the Solicitor General/City or Provincial Prosecutor represents the Republic and must be notified.
Verified petition & attachments
- State your identity, residence, and the exact registry entry to be cancelled.
- Attach: PSA AOM, the questioned marriage certificate, LCR certifications (positive or negative), your birth certificate, IDs, NBI clearance, police blotter (if any), and affidavits explaining you never applied for a marriage license nor consented to any marriage.
Publication & notice
- Because it is a substantial correction, the court will usually require publication of the petition in a newspaper of general circulation once a week for three consecutive weeks, plus personal service to the named respondents.
Hearing
- Present documentary evidence: negative LCR certifications (if no entry actually exists), examination of the LCR’s registry books, proof of identity, and testimony.
- If the LCR shows a file, scrutinize signatures, IDs, photos, license numbers, and check the solemnizing officer’s authority and the marriage license’s issuance with the city/municipal civil registrar that supposedly issued it.
Decision
- If the court finds the entry erroneous or fraudulent, it will order the cancellation of the marriage entry (and any derivative index entries) and direct the LCR and PSA to annotate their records accordingly.
Implementation
- Secure a certified copy of the final judgment and have it entered/annotated with the LCR and PSA.
- After annotation, request a new PSA CENOMAR or AOM to confirm the correction reflects in the PSA database.

Typical timelines & costs (for orientation only): a few months to over a year, depending on docket congestion, publication scheduling, and evidentiary issues. Expenses usually include filing fees, publication, certifications, and professional fees.

Evidence that helps

LCR Negative Certification (if no entry exists in their book despite PSA showing a marriage).
Specimen signature comparison and testimony to show forgery.
Certification on the solemnizing officer’s authority (e.g., not authorized on that date or never authorized).
Certification on the marriage license from the supposed issuing LCR (e.g., license number belongs to another couple, or no license issued).
Affidavits from you and individuals who can attest to your civil status and whereabouts on the supposed wedding date.
Identity theft trail: police reports, NBI Clearance, correspondence showing misuse of your identity.

Criminal and administrative angles (parallel actions)

Falsification of public documents and use of falsified documents (Revised Penal Code) may apply to those who manufactured or used a fake marriage record.
Perjury may apply if someone swore falsely in applications or affidavits.
If someone contracted a second marriage using your identity while already married to another person, bigamy may be implicated (facts-dependent).
Consider a complaint with the National Privacy Commission if your personal data was misused, and coordinate with your LGU Civil Registry and PSA for identity-protection flags.

Criminal cases and the Rule 108 petition may run independently. The court handling Rule 108 focuses on the status of the civil registry entry, not on punishing the culprits.

Special situations

1) “Marriage” recorded abroad (Report of Marriage, ROM)

If the AOM traces to a ROM filed with a Philippine embassy/consulate, coordinate with the DFA/concerned Foreign Service Post. You may need:
- Certification from the Post regarding the ROM file and any supporting documents.
- If fraudulent, request administrative review; but cancellation will generally still require a Rule 108 court order for PSA to erase/annotate the national record.

2) Muslim or indigenous customary marriages

Confirm whether the entry cites Shari’ah or customary rites. If you deny any marriage occurred, the relief remains cancellation of a non-existent/fraudulent record; venue and procedure can vary (e.g., Shari’ah courts have jurisdiction over certain family matters), but the PSA/LCR registry correction is still the end goal.

3) About to marry but blocked by the AOM

Most LCRs will not issue a marriage license while the PSA shows you as married. File the Rule 108 petition promptly and keep certified copies of the petition and, later, the decision for any interim administrative dealings.

Practical checklist

☐ PSA AOM and (if available) PSA copy of the marriage certificate
☐ LCR certification whether an entry exists; request certified true copies or negative certification
☐ Your PSA birth certificate and government IDs
☐ NBI Clearance; police blotter if identity theft is suspected
☐ Affidavits (you and witnesses) denying any marriage and license application
☐ Certifications on: (a) marriage license issuance; (b) authority of the solemnizing officer
☐ Draft Rule 108 verified petition with attachments; pay filing & publication fees
☐ Serve respondents (LCR, PSA, alleged spouse, others) and coordinate with the Prosecutor/OSG
☐ Attend hearing; present documents and testimony
☐ After a favorable decision, ensure annotation at LCR and PSA; secure updated CENOMAR/AOM

Frequently asked questions

Is annulment the remedy? No. Annulment or a declaration of nullity presumes a marriage actually occurred but is void/voidable for specific legal grounds. Here you allege no marriage ever took place; the remedy is cancellation of the erroneous registry entry.

Can PSA fix this without court? Only for clerical mistakes. A registry entry that creates or denies civil status typically demands Rule 108.

What if the LCR says they have the original file? You can still prove fraud/forgery/identity theft by analyzing signatures, IDs, license authenticity, and the officer’s authority. The court can order cancellation even if a physical record exists but is spurious.

Will cancellation restore my “single” status immediately? Your legal status flows from facts, but agencies rely on PSA records. After a court order, ensure annotations are completed at both LCR and PSA and then request an updated CENOMAR.

Do I need a lawyer? Rule 108 is a formal court proceeding with publication and evidence rules. Legal counsel is strongly recommended.

Sample outline of a Rule 108 petition (for guidance)

Caption/Title – In Re: Petition for Cancellation of Marriage Entry in the Civil Registry; Petitioner vs. LCR of ___, PSA, [Name of alleged spouse], et al.
Jurisdiction & Venue – RTC of [place where registry is kept].
Allegations of fact – Your identity; existence of PSA AOM; details of the questioned entry; categorical denial of any marriage/license; summary of LCR/PSA findings.
Grounds – Entry is erroneous/fraudulent; no marriage ceremony or license; lack of authority/identity theft; violation of civil registry integrity.
Relief – Order cancellation of the marriage entry and annotation in PSA/LCR; direct agencies to update indexes; other just reliefs.
Verification & Certification Against Forum Shopping.
Annexes – PSA AOM, LCR certifications, negative certifications, IDs, NBI, affidavits, etc.

Final notes

Act quickly, especially if you plan to marry, apply for visas, or process benefits.
Keep organized records and request certified true copies at every step.
After judgment, follow through until PSA issues an updated CENOMAR reflecting the cancellation.

If you want, I can adapt this into a filled-in petition template and a documentary request letter you can bring to the LCR.