How to Secure a Certified True Copy of an Annulment Decree in the Philippines
(Comprehensive reference for litigants, counsel, and third-party requestors)
1. Why a certified true copy matters
- Proof of status. It is the conclusive evidence that the marriage has been annulled (or declared void) and that the decision has become final and executory.
- Annotation trigger. The court-certified decree, together with the certificate of finality, is what the Local Civil Registrar (LCR) and the Philippine Statistics Authority (PSA) use to annotate the parties’ civil registry records.
- Overseas transactions. Apostilled or authenticated certified copies are normally required by foreign courts, immigration offices, and remarriage licensing authorities outside the Philippines.
2. Key legal foundations
Instrument | What it says | Practical implication |
---|---|---|
Family Code (Arts. 45–49, 52–53) | Outlines grounds and effects of annulment; mandates registration of the decree | Only a final decree, entered into the civil registry, changes civil status |
Rule on Declaration of Absolute Nullity & Annulment of Marriage (A.M. No. 02-11-10-SC) | Governs procedure in the Regional Trial Court (Family Court) | Authorizes the branch clerk of court to issue certified true copies |
SC Adm. Circular No. 11-94 | Standardizes photocopying and certification fees | Fees are per page plus Legal Research Fund |
Civil Registry Law (Act 3753) & PSA charter (RA 10625) | Require annotation of decrees in civil registry | Certified PSA copies are a separate, equally official source |
3. Two legitimate sources
- Issuing Court (RTC-Family Court) – best for a full copy of the Decision, Certificate of Finality, and Entry of Judgment.
- Philippine Statistics Authority – best for an annotated Marriage Certificate or CENOMAR reflecting “Marriage Annulled” once the court has transmitted the papers.
Tip: Most embassies ask for the court-certified bundle plus the PSA-annotated certificate.
4. Prerequisites before you apply
You must have | Why it matters |
---|---|
Case number & branch | Identifies the exact docket; courts rarely entertain “name-only” searches |
Government-issued ID of requesting party | Required by both court and PSA; bring photocopies |
Proof of authority if you are a representative (SPA or notarized authorization) | Data Privacy Act compliance |
Finality date (Certificate of Finality or Entry of Judgment) | Court will not release certified copies until the decision is final |
5. Step-by-step guide – from the court
Step | What to do | Typical fee (₱) | Timeframe* |
---|---|---|---|
1 | Go to the Office of the Clerk of Court (OCC) of the RTC that decided the case | None | Same day |
2 | Fill out the Request Form / write a letter citing case number, parties, date of decision, and the specific document you need (Decision, Certificate of Finality, Entry of Judgment) | None | 10 min |
3 | Present valid ID and, if applicable, authorization | — | — |
4 | Pay copy & certification fees at the Cashier (≈ ₱5–10/page + ₱50 certification + ₱10 Legal Research Fund) | Varies | 15 min |
5 | The Records Officer photocopies the original and the Branch Clerk of Court certifies it (“Certified true copy” stamp + signature & dry seal) | Included | 1 – 3 working days (rural courts may take longer) |
6 | Pick up, or authorize LBC/JRS pick-up if the court allows | Courier fee | 1 day add’l |
*Metro Manila courts often release within the day for short documents; regional courts may need up to a week if records are archived off-site.
6. Step-by-step guide – from the PSA
Confirm annotation:
- After receiving the court decree, the Branch Clerk sends certified copies to the LCR of the city/municipality where the marriage was recorded.
- The LCR transmits to the PSA. This annotation cycle can take 2–6 months (sometimes longer).
Order online or walk-in:
- PSA Serbilis / PSACourier.ph (online) or PSA-CRS Outlet (walk-in).
- Select “Annotated Marriage Certificate” or “CENOMAR with annotation.”
- Pay ₱365 (online, incl. delivery) or ₱210 (walk-in).
Tracking: Courier delivery within the Philippines takes 3–5 days; international, 4–8 weeks via PhilPost unless you arrange DHL pickup.
7. Apostille or consular authentication (if needed abroad)
Agency | Where | Requirements |
---|---|---|
DFA-OCA | ASEANA (Pasay) or DFA-CO Malate | DFA e-payment reference, original court-certified bundle or PSA doc, photocopy of ID |
Cost & processing | ₱200 standard (3 working days) / ₱100 express per doc | Pay online via LandBank or at authorized centers |
Output | Apostille sticker on the reverse of the last page | Valid in all Hague-Convention countries |
If destination country is not a Hague member, you still need the Apostille plus embassy legalization.
8. Special situations & practical tips
Situation | What to do |
---|---|
You lost the case number | Request a Docket Verification at the OCC; bring IDs and estimated filing year. |
Court records archived | Clerk issues an order to retrieve from the National Archives; add 2–3 weeks. |
Opposing party refuses to cooperate | You do not need their signature to get a certified copy; the decree is a public record once final. |
Name mismatch or clerical error in decree | File a motion to correct clerical error under Sec. 5, Rule 15 of A.M. No. 02-11-10-SC before requesting PSA annotation. |
Need digital copy | Most courts still issue on security paper only; you may scan it but digital copies are not self-authenticating. |
9. Common pitfalls to avoid
- Requesting PSA copy too early – check if annotation already appears on the PSA’s Verification Portal or wait at least 3 months from finality.
- Using photocopies abroad – foreign agencies almost always reject plain photocopies even if notarized.
- Wrong venue for request – the Supreme Court or the Court of Appeals cannot certify RTC decisions.
- No ID for representative – clerks will refuse release even with a Special Power of Attorney if the rep’s own ID is missing.
- Unclear purpose on DFA form – if you intend the document for immigration, tick the correct box; mis-declaration can delay Apostille release.
10. Frequently Asked Questions
Question | Short answer |
---|---|
Can anyone request the decree? | Yes, but must show legitimate purpose and comply with Data Privacy Act safeguards. |
Is the Certificate of Finality enough for PSA annotation? | No. The LCR transmits both the decree and the Certificate of Finality. |
How long after finality will PSA annotation appear? | Average 4 months, but can be expedited if you hand-carry the papers from court to LCR and then to PSA Legal Division. |
Do I need a lawyer to request a certified copy? | Not required, though counsel’s appearance can smooth problems with missing docket details or archived records. |
Is an annulment the same as divorce? | No. Annulment voids the marriage from the date of decision; divorce (not available domestically) dissolves it prospectively. |
11. Sample timeline (realistic best-case, Metro Manila)
| Day 0 | RTC renders Decision | | Day 15 | No appeal; Decision becomes final | | Day 20 | Certificate of Finality issued; decree & CFO transmitted to LCR | | Day 60 | LCR forwards to PSA | | Day 120 | PSA annotation completed; certified PSA copy obtainable | | Day 125 | DFA Apostille released | | Total: ~4 months from finality |
12. Bottom-line checklist
- Case number & branch confirmed
- Valid ID / SPA prepared
- Letter-request completed (court) or online-form filled (PSA)
- Certification & copy fees ready (cash)
- Certificate of Finality attached
- Courier or personal pick-up arranged
- Apostille appointment booked (if needed)
Disclaimer
This article provides general legal information based on Philippine statutes, rules, and typical court/PSA practice as of May 2025. It is not a substitute for personalized advice from a Philippine lawyer or for official instructions issued by the court, PSA, or DFA. Always verify current fees and procedures at the specific office concerned.
Need more help? Feel free to ask follow-up questions—happy to clarify any step or requirement.