Marriage Records, CENOMAR, and Legal Steps (Philippine Context)

Why verification matters

In the Philippines, a person who is already married generally cannot validly marry again unless the prior marriage has been legally ended (for example, by death of the spouse, or a court judgment declaring the marriage void or granting annulment, or a foreign divorce that has been recognized by a Philippine court when applicable). Entering a marriage with someone who has a subsisting marriage is a common source of legal, financial, and personal harm—especially because Philippine law treats bigamy as a crime and treats a subsequent marriage as typically void if a prior valid marriage still exists.

This article explains (1) what records exist, (2) how to check them (including CENOMAR), (3) how to interpret results and common pitfalls, and (4) what legal steps are available if you discover your partner is married.

1) Key Concepts and Documents

A. Marriage records in the Philippines

Philippine marriages are recorded in the civil registry:

Local Civil Registrar (LCR) where the marriage was registered; and
The Philippine Statistics Authority (PSA), which receives endorsed civil registry documents and issues official copies.

A civil registry record may also have annotations (notes added later), such as a court decision declaring a marriage void, or corrections in entries.

B. CENOMAR vs. CEMAR (and related certificates)

CENOMAR (Certificate of No Marriage Record): An advisory certification issued by the PSA stating that, based on PSA’s database, a person has no recorded marriage, or stating what marriage record(s) appear, if any.
CEMAR (Certificate of Marriage): Certification reflecting that a person has a recorded marriage and showing details.
Advisory on Marriages: A PSA-issued advisory listing marriage record(s) and basic information tied to a person.

Important: These are often called “PSA certificates,” but they are advisory in nature—useful, widely relied upon, but not a perfect guarantee against missing, delayed, erroneous, unreported, or foreign records.

C. “Single” on paper vs. single in law

A person may appear “single” in certain contexts yet still be married legally if:

The marriage was registered but not yet transmitted/encoded to PSA;
The marriage was late-registered or recorded under name variations;
A foreign marriage exists but was not reported;
There is a clerical/data error.

Conversely, a person may have been married but is now legally free to remarry only if there is:

A death certificate of the prior spouse; or
A final court decision (e.g., declaration of nullity/annulment) and properly recorded annotation; or
A recognized foreign divorce (as applicable) with annotation after Philippine court recognition.

2) The Legal Effect of a “Second” Marriage When One Party Is Already Married

A. Void marriage due to prior subsisting marriage

As a general rule, a marriage contracted by someone who still has a subsisting valid marriage is void. A void marriage is treated as having no legal effect from the beginning, though a court case is often still necessary to obtain a formal declaration and to fix civil status in records.

B. Criminal liability: Bigamy

Bigamy (under the Revised Penal Code) is commonly charged when a person contracts a second marriage while the first is still valid and not legally dissolved/terminated. Bigamy cases can move even if the second marriage is void—what matters is that a marriage ceremony was contracted while a prior marriage existed and was still in force, subject to defenses and factual nuances.

C. Civil liability: damages for deceit

Even when the deceived partner is not criminally liable, the deceiver may face civil claims for damages under general principles on human relations and abuse of rights (e.g., fraud/deceit causing injury). The viability depends on facts, proof, and how the case is framed.

3) Practical Ways to Verify If a Partner Is Married

A. PSA-issued documents (core verification)

These are the most common and practical checks.

Step 1: Request a CENOMAR (or Advisory on Marriages)

You will typically need:

Full name (including middle name for many cases)
Date of birth
Place of birth
Parents’ names (often helps identify the correct person)

What you’re looking for:

“No record of marriage” (clean CENOMAR), or
An entry showing a recorded marriage (sometimes the CENOMAR will reflect a marriage; sometimes you will be directed to obtain a CEMAR or Advisory)

Step 2: If any marriage appears, request the PSA Marriage Certificate / CEMAR

If a marriage is listed, obtain the PSA copy of the Marriage Certificate to see:

Date and place of marriage
Names of parties
Officiant
Registry number
Any annotations (if already encoded/annotated in PSA records)

Step 3: Check for annotations and follow through at the Local Civil Registrar

Even if the PSA copy looks “clean,” annotations can sometimes exist at the LCR level earlier than in PSA’s database. If the marriage place is known, check with the LCR where the marriage was registered for:

The LCR-certified true copy
Pending or recorded annotations
Corrections, supplemental reports, or late registration issues

B. Why CENOMAR can miss things (and how to reduce the risk)

A CENOMAR is powerful but not infallible. Common pitfalls:

Transmission/encoding delays A marriage may have been registered recently at an LCR but not yet reflected in PSA’s database.
Late registration Some marriages are registered late; there may be gaps and inconsistencies.
Name variations and identity issues Records may be indexed under different spellings, use of second names, or inconsistent middle names. Risk reduction:

Try searches/request using known variations (where the system/process allows).
Verify identity via birth record details.

Foreign marriages not reported Filipinos who marry abroad may be required to report the marriage through the Philippine Foreign Service Post (or the process applicable at the time). If that report was never made, PSA might show “no record” even if a valid marriage exists abroad.
Foreign divorces and recognition issues Even if a foreign divorce occurred, a Filipino’s capacity to remarry in the Philippines may depend on recognition rules and annotation.

C. Cross-checks beyond PSA documents

These checks are supportive, not always decisive:

Ask for primary documents If the relationship is serious, request:

Government IDs
PSA Birth Certificate
If previously married: PSA Marriage Certificate + proof of dissolution/termination (death certificate or final court decision, or recognition documents)

Court record checks (limited practicality) Cases involving nullity/annulment/recognition are typically filed in Family Courts (RTC branches designated as Family Courts). However:

Systematic searching is not always easy without case details.
Access may be restricted, and clerks usually require specific case identifiers or a clear legal purpose.

Barangay/community information This can reveal social facts (cohabitation, a known spouse), but it is not legal proof.

4) Interpreting Results: Common Scenarios

Scenario 1: CENOMAR shows “No Marriage Record”

This suggests no marriage is recorded in PSA’s database for that person, but you should consider:

Possible recent registration not yet transmitted;
Name variations;
Foreign marriage not reported.

Best practice: If stakes are high (marriage, property, children), combine the CENOMAR with:

Identity verification via PSA Birth Certificate details, and
Inquiry with LCR if you know the partner’s likely marriage location(s).

Scenario 2: CENOMAR/Advisory shows a marriage record

Obtain the PSA Marriage Certificate/CEMAR and determine whether the marriage is:

Potentially still subsisting; or
Already legally terminated/dissolved/voided and properly annotated.

If the partner claims “I’m annulled” or “It’s void,” ask for:

A final court decision (not just a petition);
Certificate of finality / entry of judgment (as applicable);
Proof that the decision has been recorded and annotated in civil registry records.

Scenario 3: Partner claims a foreign divorce

Key points:

A foreign divorce’s effect in Philippine records is not automatic in many situations.
Recognition in the Philippines may be required depending on the parties’ citizenship and facts, and civil registry annotation is crucial.

What to ask for:

Divorce decree (authenticated/officially issued)
Proof of foreign law (often needed in recognition proceedings)
Philippine court recognition decision (if already obtained)
Annotated PSA records reflecting the change

Scenario 4: Partner says the “marriage was fake” or “not registered”

An unregistered marriage may still be asserted as valid depending on facts, but lack of registration creates complications. Conversely, some marriages are registered despite one party claiming ignorance. This is a high-risk scenario. Verification should include:

LCR inquiry in the alleged place of marriage
PSA Advisory/CEMAR checks
Careful identity matching

5) If You Discover Your Partner Is Married: Legal Options and Consequences

A. If you have not married them yet

Do not proceed until capacity to marry is clear.
Ask for documentary proof of termination of any prior marriage (death certificate or final court decision, or recognized foreign divorce documents).
If you suspect fraud, preserve evidence (messages, admissions, documents shown).

B. If you already married them (and you discover a prior subsisting marriage)

Your marriage may be void. A legal proceeding for declaration of nullity (or the appropriate case) may be necessary to:

Clarify your civil status,
Fix records,
Address property relations,
Establish child-related matters (support, legitimacy rules, custody).

Criminal complaint considerations

The spouse who contracted a second marriage may face bigamy exposure, depending on facts.
Criminal cases are serious, fact-intensive, and require evaluation of evidence and defenses.

Civil claims Depending on circumstances, you may explore:

Damages for deceit/fraud or abusive conduct causing injury,
Recovery of money/property transferred due to misrepresentation.

C. If you cohabited but were not married

If you lived together and acquired property, property relations may be governed by rules on unions without marriage. Consequences can include:

Allocation of property acquired through joint efforts,
Disputes over contributions,
Child support obligations regardless of marital status.

D. Children and support

Whatever the parents’ marital situation:

Support obligations exist under family law principles.
Children’s status and filiation issues are addressed through the proper legal processes, and documentation matters (birth certificates, acknowledgments, court actions when needed).

6) Evidence and Documentation Checklist

For verifying civil status

PSA CENOMAR (and/or Advisory on Marriages)
PSA Marriage Certificate/CEMAR (if any record appears)
LCR-certified copy and annotation check (place of marriage)
PSA Birth Certificate (identity cross-check)

If prior marriage is admitted

Death Certificate of prior spouse (PSA copy, when applicable)
Final court decision on nullity/annulment + proof of finality
Annotated civil registry records reflecting the court decision
For foreign divorce situations: foreign decree + authentication + recognition/annotation-related documents (as applicable)

For possible legal action (civil/criminal)

Proof of misrepresentation (messages, emails, sworn statements)
Proof of reliance and injury (receipts, transfers, expenses)
Copies of certificates obtained (PSA/LCR)
Timeline of events (court-ready chronology)

7) Privacy, Access, and Practical Boundaries

A. Are marriage records public?

Civil registry documents are generally treated as public records for issuance of certified copies, but access procedures can vary by office and transaction channel, and some records/categories (e.g., adoption-related) are restricted. Practically, PSA and LCR processes typically require sufficient identifying details; they may also have safeguards against mismatches and fraudulent requests.

B. Avoid illegal methods

Do not use falsified identities, bribery, hacking, or “fixers.” Illegally obtained documents or unlawfully accessed data can create criminal and civil exposure and can undermine your position.

8) Best-Practice Verification Workflow (High-Reliability Approach)

Collect identity details (full name, DOB, POB, parents’ names).
Request PSA CENOMAR / Advisory on Marriages.
If any marriage appears: request PSA Marriage Certificate/CEMAR.
If you know the marriage place (or likely places): verify at the LCR, including annotations.
If the partner claims the prior marriage ended: require proof (death certificate or final court judgment/recognition documents) and confirm annotation in civil registry records.
If results are inconsistent (e.g., “single” but red flags): repeat checks using correct identity data and consider LCR inquiries where plausible.
For imminent marriage, property decisions, or children: treat any uncertainty as a stop sign until legally resolved.

9) Red Flags That Justify Immediate Verification

Refuses to provide basic identity details or documents
Has inconsistent names/spellings across IDs
Avoids meeting family/friends; secrecy around residence
“Separated” but no proof of legal termination
Claims “annulled” but cannot show a final decision and annotation
Frequent travel or multiple “homes,” unexplained schedules
You discover a spouse or children not previously disclosed

10) Core Takeaways

The most practical legal verification tools are PSA-issued CENOMAR/Advisory, PSA Marriage Certificate/CEMAR, and LCR annotation checks.
CENOMAR is strong but not absolute; understand database delays, name variations, and foreign-record gaps.
If a marriage record exists, do not rely on verbal assurances—insist on final legal proof and proper civil registry annotation.
If deception occurs, legal consequences can include void marriage implications, bigamy exposure for the deceiver, and potential civil damages depending on the facts.