In the Philippine legal landscape, marriage is considered an inviolable social institution. However, when a marriage is legally declared void from the beginning (void ab initio), the Certificate of No Marriage Record (CENOMAR) becomes a critical document for the parties involved. Understanding how a Declaration of Absolute Nullity of Marriage affects this record is essential for anyone seeking to update their civil status or enter into a subsequent marriage.
1. The CENOMAR vs. the Advisory on Marriages
The CENOMAR is a certification issued by the Philippine Statistics Authority (PSA) stating that a person has no record of marriage in the National Indices of Marriages.
- Before Nullity: If a person has been married, the PSA will instead issue an Advisory on Marriages, which lists the date, place, and spouse of the registered marriage.
- After Nullity: Even after a marriage is declared null and void, the record of that marriage remains in the PSA database. However, the status of the individual changes once the court decree is properly registered and annotated.
2. Legal Basis: Void vs. Voidable Marriages
It is vital to distinguish between a Declaration of Absolute Nullity (Article 35, 36, 37, and 38 of the Family Code) and an Annulment (Article 45).
- Nullity (Void Marriages): These marriages are considered to have never existed in the eyes of the law (e.g., psychological incapacity, absence of a marriage license, or bigamous marriages).
- Annulment (Voidable Marriages): These are valid until set aside by a court for reasons like fraud, force, or physical incapacity.
In both cases, for the PSA to update its records, a final judgment from a Regional Trial Court (RTC) is required.
3. The Process of Annotation
A court decision declaring a marriage null and void does not automatically update the CENOMAR. The following steps must be completed:
- Entry of Judgment: The court must issue a Certificate of Finality, indicating the decision can no longer be appealed.
- Registration with the LCR: The court decree and the Certificate of Finality must be registered with the Local Civil Registrar (LCR) where the marriage was celebrated.
- Annotation of the Marriage Certificate: The LCR will annotate the original Marriage Certificate to reflect the court’s decision.
- Forwarding to the PSA: The LCR forwards the annotated document to the PSA for "loading" into the national database.
4. What Appears on the Record After Nullity?
Once the process is complete, the individual will technically still receive an Advisory on Marriages rather than a "clean" CENOMAR.
The Advisory will list the previous marriage, but it will now include an annotation stating that the marriage has been declared null and void by a specific court, under a specific case number, and on a specific date. This annotation serves as the legal proof that the individual is now "single" and has the legal capacity to marry again.
5. Why This Matters
The updated record is necessary for several legal and administrative purposes:
- Applying for a New Marriage License: To marry again, the applicant must present the annotated Marriage Certificate or the Advisory on Marriages showing the nullity.
- Passport Updates: To revert to a maiden name or update marital status on a Philippine passport.
- Benefits and Claims: Ensuring accurate records for SSS, GSIS, or insurance beneficiaries.
Key Summary Table
| Document Type | Condition | Result |
|---|---|---|
| CENOMAR | Never been married | Certification of no record. |
| Advisory on Marriages | Married (Active) | Lists marriage details. |
| Annotated Advisory | Marriage declared Null/Void | Lists marriage details + Court Decree info. |
Note: Under Philippine law, specifically Article 40 of the Family Code, the absolute nullity of a previous marriage may be invoked for purposes of remarriage only on the basis of a final judgment declaring such previous marriage void.