Identity theft in the context of marriage is a grave matter that strikes at the heart of the "inviolable social institution." When a person uses another’s name, credentials, or personal data to enter into a marriage contract without the victim's knowledge or consent, it creates a complex web of criminal and civil consequences.

1. The Essential Requisites of Marriage

Under the Family Code of the Philippines, marriage requires specific essential and formal requisites. Identity theft primarily attacks the essential requisite of consent.

Article 2 of the Family Code: Requires the "freely given" consent of the contracting parties.
Article 4: Provides that the absence of any of the essential or formal requisites shall render the marriage void ab initio (void from the beginning).

If "Person A" uses the identity of "Person B" to marry "Person C," Person B never gave consent. Therefore, the marriage between B and C is legally non-existent.

2. Civil Remedies: Annulment vs. Declaration of Nullity

The remedy depends on how the identity theft was executed:

Void Marriages (Article 35)

If a party’s identity was entirely stolen—meaning the victim (the person whose name appears on the contract) was never present at the ceremony—the marriage is void. The victim must file a Petition for Declaration of Absolute Nullity of Marriage under Article 35(1) of the Family Code (absence of a requisite).

Voidable Marriages (Article 45)

If a party was present but was deceived into marrying someone who was using a false identity (fraud), the marriage is voidable.

Article 45(3): A marriage may be annulled if the consent of either party was obtained by fraud.
Article 46: Specifically defines fraud as "concealment or misrepresentation" regarding certain facts, though identity theft is often treated as a more fundamental breach of consent than simple fraud.

3. Criminal Liability

A perpetrator of identity theft in a marriage contract can be prosecuted under several Philippine laws:

The Cybercrime Prevention Act of 2012 (R.A. 10175)

If the identity theft involved the use of computer systems (e.g., obtaining documents online or falsifying digital records), the perpetrator may be charged with Computer-related Identity Theft.

Section 4(b)(3): Prohibits the intentional acquisition, use, or transfer of identifying information belonging to another without right.

The Revised Penal Code (RPC)

Falsification of Public Documents (Article 172): A marriage contract is a public document. Forging a signature or providing false information on the Marriage License application and the contract itself falls under this article.
Perjury (Article 183): Making false statements under oath, such as during the application for a marriage license.
Using a Fictitious Name (Article 178): Publicly using a fictitious name to conceal a crime or cause damage.

4. Impact on the Victim’s Civil Status

One of the most damaging implications for the victim of identity theft is the "recorded" change in civil status.

PSA Records: The victim will appear as "Married" in the records of the Philippine Statistics Authority (PSA). This prevents the victim from marrying their actual partner, as any subsequent marriage would be considered Bigamous under Article 349 of the RPC.
CENOMAR: The victim will be unable to secure a Certificate of No Marriage (CENOMAR), which is a requirement for many legal and employment processes.

5. Administrative Correction

While a court order is generally required to nullify the marriage, the victim may also need to coordinate with the Local Civil Registrar and the PSA once a court decision is final to cancel the fraudulent entry in the Civil Registry. This ensures that the victim's "Single" status is restored for all legal purposes.

6. Liability of the Other Party

If the "spouse" (Person C) was aware of the identity theft and conspired with the perpetrator, they are equally liable as a principal in the criminal acts. If they were an innocent victim of the deception, they have the right to sue for damages under the Civil Code (Articles 19, 20, and 21) regarding human relations and torts.