Updating PSA Records After Marriage Annulment Decision in the Philippines

Updating PSA Records After a Marriage Annulment Decision in the Philippines (Complete Guide)

This is practical legal information, not legal advice. Procedures can vary by court and city/municipality, so always follow your court’s order and your Local Civil Registry’s (LCR) instructions.


Quick Primer

  • Annulment vs. Declaration of Nullity

    • Annulment (voidable marriage): The marriage was valid until a court annulled it (e.g., lack of parental consent, fraud, force, impotence, STI).
    • Declaration of nullity (void marriage): The marriage was void from the start (e.g., psychological incapacity, bigamy, no license, incest, prohibited degrees).
  • Why PSA matters: The Philippine Statistics Authority (PSA) keeps the national civil registry. Your marriage certificate isn’t “deleted”; it is annotated to reflect the court’s final judgment.

  • Who else is involved:

    • Court/Family Court (RTC): Issues the Decision, Decree of Annulment/Nullity, and Certificate of Finality once the judgment becomes final.
    • Local Civil Registry (LCR): Annotates the civil registry entry and endorses to PSA for nationwide updating.
    • Civil Registrar General (CRG/PSA): Updates the central database; issues annotated marriage certificates and an updated Advisory on Marriages (AOM).

Why Recording With PSA Is Crucial

Under the Family Code, judgments of annulment or absolute nullity (and related property/custody matters) must be recorded in the civil registry. A later marriage is valid only after these judgments (and required property/custody steps) are recorded. Failure to record can invalidate a subsequent marriage. Practically: no PSA annotation, no safe remarriage.


What Actually Changes in Your PSA Records

  • Marriage Certificate: Stays in the system but gets a margin annotation stating that the marriage was annulled/declared void by a specific Court/Branch, with the case number and dates of the Decision and Finality (sometimes the Decree number).

  • Advisory on Marriages (AOM): Continues to list the marriage, but now with the annotation. This is what most agencies check.

  • CENOMAR: Expect the past marriage to remain on record (with an annotation). The clean “no record” result is generally not what you’ll get once a marriage ever existed.

  • Birth Certificates of the Spouses: No change—birth records don’t retroactively “erase” a marriage.

  • Children’s Records:

    • Annulment (voidable marriage): Children conceived/born before annulment remain legitimate.
    • Nullity (void marriage): Children are generally illegitimate, except specific statutory protections (e.g., certain jurisprudence on Article 36 cases). Names/filiation on birth certificates do not auto-change; changing a child’s surname or filiation usually requires separate proceedings or specific statutory procedures (not the annulment case itself).

Documents You Typically Need

Obtain several certified true copies (CTCs) of each:

  1. Court Decision (RTC/Family Court).
  2. Decree of Annulment or Decree of Absolute Nullity (an extract/order the court issues after finality).
  3. Certificate of Finality (from the clerk of court once the appeal period lapses, or after dismissal of an appeal).
  4. Entry of Judgment (if the case reached the CA/SC).
  5. Valid ID of the requesting party and Authorization Letter + ID if using a representative.
  6. Original PSA marriage certificate (if the LCR asks you to present one for reference).
  7. Official receipts for LCR/PSA fees (to be paid at filing).

Tip: Ask your counsel or the clerk of court which office transmits what. Some courts send packets directly to the LCR; often, you must file the registration/annotation with the LCR(s) yourself.


Where To File, In What Order

  1. Court (obtain CTCs): Decision, Decree, Finality (and Entry of Judgment if applicable).
  2. LCR of the court’s city/municipality: Register the judgment/decree (some jurisdictions require this step).
  3. LCR where the marriage was recorded: Request annotation of the marriage record; the LCR then endorses the annotated record to PSA/CRG.
  4. PSA: After endorsement and database update, you can request annotated copies and an updated AOM.

Some LCRs accept and forward everything directly to PSA; others will have you follow up with PSA after their endorsement. Procedures vary slightly by LGU—follow the local checklist.


Step-by-Step Process (Standard Flow)

  1. Make the judgment final.

    • Wait out the appeal period or complete the appeal; secure the Certificate of Finality (and Entry of Judgment if any appeal occurred).
  2. Secure the Decree.

    • Courts generally issue a Decree of Annulment/Nullity after finality. This is the document many LCRs look for.
  3. File with the relevant LCR(s).

    • Bring CTCs of the Decision, Decree, and Finality.
    • Fill out the LCR’s form for registration of court decree/annotation.
    • Pay fees; keep official receipts.
  4. LCR annotates & endorses to PSA.

    • The LCR prepares the endorsement and forwards the packet to PSA’s Civil Registry.
    • Ask when their transmittal to PSA will occur and how to track it.
  5. Get your updated PSA records.

    • After PSA updates the central database, request:

      • Annotated PSA Marriage Certificate; and
      • Updated Advisory on Marriages (AOM) showing the annotation.
  6. Keep multiple copies & digital scans.

    • You will use these for government IDs, banks, and any future marriage license application.

Timelines & Follow-Ups

  • Court side: Issuing the Decree and Finality depends on the court’s workflow.

  • LCR to PSA: Endorsements and PSA updates often take weeks to a few months.

  • What you can do:

    • Get the tracking/endorsement number from the LCR.
    • Follow up with the LCR and, later, verify at PSA before ordering large batches of certificates.
    • Request rush service only if available (varies by office).

Fees & Practical Tips

  • Court CTCs & Decree: Per-page and certification fees apply.
  • LCR Annotation/Registration: Local fees vary by LGU.
  • PSA Copies: Standard issuance fees per copy.
  • Order extras: Many agencies want original annotated copies; keeping 5–10 on hand saves time.

After PSA Update: Fix Everything Else

Once PSA shows the annotation, update:

  • DFA Passport (surname reversion): Present annotated PSA marriage certificate, court Decree, and your PSA birth certificate to revert to your maiden surname (if you choose). Check DFA’s current checklist before applying.
  • PhilID/PhilSys: Request an update to your demographic data to reflect your chosen name after annulment/nullity.
  • SSS, PhilHealth, Pag-IBIG, GSIS, BIR (TIN), PRC, COMELEC, LTO, bank/insurance/employer records: Bring your annotated PSA docs and IDs.
  • Property/Titles: If your judgment included property liquidation/partition or affects custody/support, follow through with Registry of Deeds and other agencies to annotate titles or implement orders. (These are separate from PSA updates but often required by the Family Code before valid remarriage.)

Special Scenarios

1) Marriage Registered Abroad (Report of Marriage, “ROM”)

  • If you married abroad and filed a ROM with a Philippine Foreign Service Post (FSP), that ROM eventually reached PSA.
  • After a Philippine annulment/nullity judgment, some cases require filing a Report of Court Decree with the same FSP (or the DFA office indicated) so the ROM can be annotated and endorsed to PSA. Ask the FSP or DFA which route applies to your case.

2) Children’s Surnames & Filiation

  • Annulment/nullity does not automatically change a child’s surname or filiation entries.
  • Illegitimacy/legitimacy and surname changes usually require separate proceedings (judicial or statutory administrative routes) and are not handled by the annulment case itself.

3) Remarriage

  • A later marriage is valid only after (a) the judgment is final, and (b) the judgment (and required property/liquidation/presumptive legitimes orders) is recorded in the appropriate civil registries.

  • Before applying for a new marriage license, secure:

    • Annotated AOM/annotated marriage certificate;
    • CTC of the Decree and Finality; and
    • Proof that property/custody orders (if any) were implemented/recorded.

FAQs

Will PSA “erase” my marriage? No. PSA keeps the record but adds an annotation.

What will my civil status be? Practically, you are free to remarry after proper recording. Agencies may display status differently (“single” or “annulled”), but the decisive proof is your PSA annotation plus court documents.

Do I need both the Decision and the Decree? Yes—most LCRs require the Decision, Decree, and Finality for annotation.

How many copies should I get? Plan for multiple CTCs from the court and annotated PSA copies—several agencies require originals.

Can I update my child’s surname through this process? No. That’s a separate legal/administrative process.


Sample Annotation (Typical Wording)

“Marriage declared [annulled/absolutely null and void] per Decision dated [dd mmm yyyy] issued by RTC Branch [__], [City/Municipality], in Civil Case No. [____]; became final and executory on [dd mmm yyyy] per Certificate of Finality; Decree of [Annulment/Absolute Nullity] dated [dd mmm yyyy].”

(Exact wording varies by LCR/PSA.)


Common Mistakes to Avoid

  • Using non-final court papers. Always wait for Certificate of Finality.
  • Skipping the LCR. PSA won’t update without LCR endorsement.
  • Remarrying before recording. Can void the new marriage.
  • Assuming the court transmits everything. Many courts expect you to register the decree with the LCR.
  • Ignoring property/custody orders. These must be recorded/implemented as required by the Family Code.

One-Page Checklist

  1. From the Court
  • Certified true copies of Decision
  • Decree of Annulment/Nullity
  • Certificate of Finality (and Entry of Judgment if elevated)
  1. At the LCR(s)
  • File registration/annotation with required forms
  • Pay fees and get official receipts
  • Obtain endorsement/transmittal details to PSA
  1. At PSA (after LCR endorsement)
  • Request Annotated Marriage Certificate
  • Request Updated Advisory on Marriages (AOM)
  1. After PSA Update
  • Update DFA Passport (if reverting surname)
  • Update PhilID/PhilSys, SSS, PhilHealth, Pag-IBIG, GSIS, BIR/TIN, PRC, COMELEC, LTO
  • Implement/record property and custody orders (Registry of Deeds, etc.)

Final Notes

  • Keep a neat folder (physical + digital scans) of all court and PSA documents.
  • If anything in your case is atypical (foreign elements, name/surname or filiation issues, property disputes), consult a lawyer for tailored steps.
  • Procedures evolve by local practice, but the non-negotiables are: final judgmentLCR registration/annotationPSA update.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.