In the Philippines, where divorce is not legally recognized (with very specific exceptions for Muslims and certain foreign-related cases), marriage is viewed as an "inviolable social institution." Consequently, verifying the marital status of an individual is a critical step for those entering serious relationships, planning a wedding, or pursuing legal action.
Whether you are performing due diligence for a personal relationship or investigating potential legal hurdles, here is a comprehensive guide to checking marriage records and understanding the risks of bigamy under Philippine law.
1. The Primary Document: The CENOMAR vs. Advisory on Marriages
The Philippine Statistics Authority (PSA) is the sole central repository for all civil registry documents in the country. To verify someone's marital status, you must request one of two documents:
- Certificate of No Marriage Record (CENOMAR): This is a certification issued by the PSA stating that a person’s name does not appear in the National Indices of Marriages. If a person is single and has never been married, they receive a CENOMAR.
- Advisory on Marriages: If the PSA finds a record of one or more marriages associated with the individual, they will instead issue an "Advisory on Marriages." This document lists the dates, locations, and spouses of all registered marriages.
How to Request These Documents
You can request these records in person at a PSA Serbilis Outlet or online via PSA Serbilis or PSA Helpline. You will need:
- The individual’s complete name (including middle name).
- The father’s name and mother’s maiden name.
- Date and place of birth.
- Authorization: Due to the Data Privacy Act of 2012, you cannot simply request someone else's records without a valid reason or a signed authorization letter from the person concerned, unless you are a close relative (spouse, parent, direct descendant) or have a court order.
2. Local Civil Registrar (LCR) Verification
While the PSA is the national database, marriage records originate at the Local Civil Registrar of the city or municipality where the marriage was solemnized.
- When to check the LCR: Sometimes, there is a delay in transmitting records from the local level to the national PSA database (which can take several months). If a marriage happened recently, it might show up at the LCR before it appears on a CENOMAR.
- Limitation: You must know the specific municipality where the wedding allegedly took place to search local records.
3. The Legal Reality of Bigamy
Under Article 349 of the Revised Penal Code (RPC), Bigamy is a serious criminal offense. It is committed by any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a proper court proceeding.
Elements of Bigamy:
- The offender is already legally married.
- The first marriage has not been legally dissolved (via annulment or declaration of nullity).
- The offender contracts a second or subsequent marriage.
- The second marriage has all the essential requisites for validity.
Note: Even if the first marriage is technically "void" (e.g., a secret marriage without a license), a person cannot simply decide it doesn't count. In the Philippines, you must obtain a Judicial Declaration of Absolute Nullity from a court before you are free to marry again. Without that court order, a second marriage is bigamous.
4. Risks and Consequences
The legal system in the Philippines treats bigamy and "contracting marriage against the law" with significant gravity.
- Criminal Penalty: Bigamy carries a penalty of Prision Mayor, which can range from 6 years and 1 day to 12 years of imprisonment.
- The "Good Faith" Defense: A common misconception is that if you didn't know the person was married, you are safe. While the "innocent" spouse may not be criminally liable for bigamy, the second marriage is still void from the beginning (void ab initio). This means you have no legal rights as a spouse regarding property, inheritance, or social security benefits.
- Civil Liability: The bigamous spouse can be sued for damages by the innocent second spouse for the emotional distress and fraud involved.
5. Essential Tips for Due Diligence
To protect yourself from the legal and emotional fallout of a bigamous union, consider these steps:
- Request a "Fresh" CENOMAR: Always ask for a PSA-authenticated CENOMAR issued within the last six months.
- Verify Annulment Papers: If someone claims to be "annulled," do not take their word for it. Request the Finality of Judgment and the Certificate of Registration of the annulment from the PSA.
- Check Social Media and Common Friends: Often, the easiest way to spot inconsistencies is through social footprints or background checks with people from the individual's hometown.
- Check the Marriage License: If you are at the stage of applying for a marriage license, the LCR will require a CENOMAR. If your partner cannot produce one, it is a definitive red flag.
Summary Table: CENOMAR vs. Marriage Record
| Feature | CENOMAR | Advisory on Marriages |
|---|---|---|
| Primary Use | Proving one is "Single" for a Marriage License | Identifying previous legal unions |
| Issuing Authority | PSA | PSA |
| Status Shown | No record found in the database | One or more records found |
| Legal Weight | Required for legal marriage in PH | Evidence for potential bigamy cases |
Would you like me to draft a sample authorization letter for requesting a marriage record from the PSA?