Annulment Remarks on CENOMAR and Marriage Validity in the Philippine Context

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. If you require legal assistance or counseling, please consult a qualified attorney.

1. Introduction

In the Philippines, marriage is often considered a lifelong commitment and a sacred contract between two individuals. However, marriages can be challenged or deemed invalid under specific conditions set forth by law. This article will focus on the legal interplay between CENOMAR (Certificate of No Marriage) and marriage validity, as well as the role these factors play in annulment or nullity-of-marriage proceedings.

2. Understanding CENOMAR

2.1 Definition

A Certificate of No Marriage, commonly known as a CENOMAR, is a document issued by the Philippine Statistics Authority (PSA, formerly NSO). The CENOMAR certifies that, based on PSA records, a particular person has not contracted any marriage or that no record of marriage is found for that individual.

2.2 Importance

For Marriage License Applications: A CENOMAR is usually required when applying for a marriage license. Both parties typically secure one to confirm that neither is currently married to someone else.
For Immigration or Visa Applications: Foreign embassies sometimes require proof of a would-be immigrant’s marital status. The CENOMAR can serve as an official verification that the applicant has no subsisting marriage in the Philippines.
For Legal Clarity: A CENOMAR can help resolve questions of bigamy, clarify the legality of a marriage, or be used in proceedings that address disputes about previous marriages.

2.3 Limitations

Delayed or Inaccurate Records: The PSA database may lag in updating recently registered marriages or marriages filed outside the Philippines.
Not an Absolute Guarantee: While a CENOMAR shows no existing marriage record in the PSA database, it does not always reflect marriages that were never properly registered or that may have been recorded incorrectly.

3. Marriage Validity in the Philippines

3.1 Presumption of Validity

In the Philippines, a validly contracted marriage is presumed valid. Once a marriage contract is registered, the burden generally lies on the party challenging the marriage to prove that it is legally void or voidable.

3.2 Grounds for Nullity and Annulment

Philippine law distinguishes between void marriages and voidable marriages. These distinctions are governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended).

Void Marriages (Declaration of Nullity)
- Psychological Incapacity (Article 36): A marriage can be declared void if one or both spouses have a psychological incapacity to comply with essential marital obligations.
- Subsequent Bigamous or Polygamous Marriages (Article 35.4): If one party is already legally married to another person, a subsequent marriage is void from the beginning.
- Underage Marriage (Article 35.1): If either party was under 18 years old at the time of marriage (even with parental consent), the marriage is void.
- Incestuous Marriages (Articles 37 and 38): Marriages between certain relatives are automatically void.
- Other Causes Stipulated by Law: Such as marriages performed without a valid marriage license (unless exempt), among others.
Voidable Marriages (Annulment)
- Lack of Parental Consent (for ages 18 to 21) (Article 45.1): If a spouse was between 18 and 21 and the required parental consent was absent, the marriage is voidable.
- Unsound Mind (Article 45.2): At the time of marriage, if one party was of unsound mind, the marriage can be annulled.
- Fraud (Article 45.3): If consent was obtained by deception—such as hiding a sexually transmissible disease, pregnancy by another man, or a criminal conviction—this can be grounds for annulment.
- Force, Intimidation, or Undue Influence (Article 45.4): If either party was compelled or coerced, the marriage is voidable.
- Incurable Physical Incapacity (Article 45.5): If one party is physically incapable of consummating the marriage and that condition appears incurable, it can be a ground for annulment.
- Sexually Transmissible Disease (Article 45.6): If one party is afflicted with a sexually transmissible disease found to be serious and incurable, this may be a ground for annulment.

4. Role of CENOMAR in Annulment and Nullity Cases

4.1 Establishing Prior Marriages

If an individual has previously contracted a valid marriage that remains subsisting, any subsequent marriage will be considered void for being bigamous or polygamous. A CENOMAR (or, in some cases, a Certificate of Marriage) can be introduced to:

Prove that a prior marriage exists (if a prior Certificate of Marriage is on record).
Show that the individual’s name appears in the PSA’s database as married or not.

4.2 Supporting Court Pleadings

While a CENOMAR alone does not determine whether a marriage should be annulled or declared void, it can support or weaken certain arguments:

If the other spouse claims a prior marriage existed: A negative CENOMAR (showing no marriage record for the first union) might challenge that claim—although the actual reason for a missing record would need further legal scrutiny.
If the new spouse suspects a pre-existing marriage: They may secure a CENOMAR to see if the other person was listed as married before. If the CENOMAR reveals no marriage record but extrinsic evidence suggests a prior marriage occurred but was not registered, this discrepancy must be addressed through witnesses or other documentary evidence in court.

4.3 Clarifying Bigamy Issues

Bigamy is a criminal offense in the Philippines. If a spouse discovers that the other was previously (and still is) married, a CENOMAR or a Certificate of Marriage may be used in both civil and criminal proceedings. In annulment or nullity-of-marriage cases, proving bigamy can lead to a declaration of nullity of the second marriage.

5. Practical Implications

5.1 Court Proceedings

During annulment or nullity proceedings, the court may order the PSA to provide relevant documentation. Aside from the CENOMAR, the following documents are often considered:

Marriage Certificate of the disputed marriage.
Previous Annulment or Declaration of Nullity Decrees (if the spouse had an earlier marriage declared void or annulled).
Birth Certificates of Children to establish timelines or parentage.

5.2 Changes after Annulment or Declaration of Nullity

If a marriage is annulled or declared void, the following typically happen:

Civil Status Updates: The PSA records are amended to reflect the nullity of that marriage, or that the marriage is “annulled” or “void.”
Future CENOMAR: A previously married person may still not receive a true “certificate of no marriage” if the PSA records show that there was a marriage but it was annulled. The document often states remarks indicating a previous marriage and its subsequent nullification.
Property Relations: The court will settle property distribution according to the regime in place during the marriage (e.g., absolute community or conjugal partnership), factoring in any court-ordered liquidation.

5.3 Remarriage and CENOMAR

After obtaining a final decree of annulment or nullity, the party is typically free to marry again—subject to compliance with legal waiting periods, if any. However:

Updated Records: The PSA must have updated its database with the court’s final decree of nullity or annulment.
Securing Another CENOMAR: Even if the PSA updates its records, the newly issued document might contain annotations about the previous marriage and the court decree. It will not reflect that the person never married, but rather that the previous marriage was annulled or declared null and void.

6. Key Takeaways

The CENOMAR is a Vital Document: It serves as official proof that an individual has no existing marriage on record. However, its accuracy is limited to the entries on file with the PSA, which may be incomplete or delayed.
Marriage Validity is Presumed: Anyone challenging a marriage must present evidence—documents like a CENOMAR, a certificate of marriage, or a court decree.
Grounds for Annulment or Nullity: Philippine law clearly distinguishes void from voidable marriages, each with different grounds and effects.
Court Proceedings Often Require PSA Documents: In annulment or nullity cases, courts rely on official documents from the PSA to confirm marital status, previous marriages, and updated entries post-annulment.
Post-Annulment Annotations: After a valid annulment or declaration of nullity, the PSA adds annotations to marriage records. Future issuances of CENOMAR will likely carry references to prior marriages and the court’s decree, clarifying the individual’s updated status.

7. Conclusion

CENOMARs play a critical role in establishing one’s marital history (or lack thereof) and can significantly impact annulment or nullity-of-marriage cases in the Philippines. By verifying whether a person has a subsisting marriage on file, a CENOMAR helps courts, agencies, and the parties themselves determine whether a marriage is potentially bigamous or otherwise void or voidable. Ultimately, ensuring the correct issuance and usage of a CENOMAR protects individuals from fraudulent or illegal marriage contracts and upholds the integrity of Philippine family law.

If you are seeking an annulment or a declaration of nullity and need clarification regarding your or your spouse’s CENOMAR, it is strongly advised that you consult a licensed Philippine attorney who can guide you on the proper steps and represent your interests in court.