In the Philippines, obtaining a final decree of annulment or a declaration of absolute nullity of marriage from a Regional Trial Court (RTC) is only the first step in reverting to a single legal status. For the judgment to be recognized by the state and reflect on one’s Certificate of Marriage, it must be properly registered with the local civil registry and subsequently annotated by the Philippine Statistics Authority (PSA).
The process is governed primarily by Rule 108 of the Rules of Court and Administrative Order No. 1, Series of 1993, which outlines the registration of court decrees affecting civil status.
Phase 1: Registration with the Local Civil Registry (LCR)
Before the PSA can issue an annotated marriage certificate, the court decision must be recorded in the city or municipality where the marriage was originally celebrated and where the court that issued the decree is located.
1. Requirements for LCR Registration
Upon the court’s issuance of a Certificate of Finality, the following documents must be gathered:
- Original Certified True Copy (CTC) of the Court Decision.
- Original Certified True Copy (CTC) of the Certificate of Finality issued by the Clerk of Court.
- Certificate of Registration issued by the LCR of the city/municipality where the RTC is located (if the marriage was celebrated elsewhere).
- Entry of Judgment.
2. The Process of Annotation
- Step A: File the court documents with the LCR of the place where the Regional Trial Court is located. They will issue a Certificate of Registration of the Court Decree.
- Step B: Take the registered documents to the LCR of the place where the marriage was celebrated. This office will then annotate the marriage record in their registry book.
- Step C: Request a Certified True Copy of the Annotated Marriage Certificate from the local registrar.
Phase 2: Transmittal to the PSA
Once the local records are updated, the information must be transmitted to the PSA’s central database to ensure that any Marriage Contract requested via PSA Serbilis or at PSA outlets reflects the annulment.
1. Methods of Transmittal
- Electronic Transmittal: Most modern LCRs transmit these updates electronically to the PSA. This process can take several weeks or months.
- Endorsement (Manual Process): If the matter is urgent, the petitioner may request a "Manual Endorsement." The LCR will prepare the documents in a sealed envelope, which the petitioner personally delivers to the PSA Census Serbilis Outlet (usually at the East Avenue branch in Quezon City) for faster processing.
2. Requirements for PSA Annotation
- Certified True Copy of the Annotated Marriage Contract from the LCR.
- Certified True Copy of the Court Decision and Certificate of Finality.
- Certificate of Registration of the Court Decree.
- A valid government-issued ID of the requester.
Timeline and Verification
The period for the PSA to update its database varies. For standard electronic transmittals, it typically takes 2 to 4 months after the LCR registration. If done via manual endorsement, the timeframe may be reduced to 30 to 45 days.
Once the period has elapsed, the parties involved should request a PSA Marriage Contract. If the registration was successful, the document will contain a "Side Note" or "Annotation" stating that the marriage has been declared void or annulled pursuant to a specific court case and date.
Important Legal Considerations
- Property Relations and Support: The registration of the annulment is often tied to the liquidation of properties and the delivery of presumptive legitimes to common children. In many jurisdictions, the LCR will not annotate the decree unless there is proof that the court-ordered partition of assets has been complied with.
- The "Single" Status: Legally, an individual cannot claim to be "Single" on official documents (like passport applications) until they hold the PSA-annotated marriage certificate. Simply having the court decision is insufficient for the Department of Foreign Affairs (DFA) or other government agencies.
- Prescription: While there is no strict expiration for registering a decree, delayed registration can cause significant complications in future legal transactions or should one intend to remarry.