CENOMAR Issue for a Previously Married Individual in the Philippines

Below is a comprehensive discussion of the Certificate of No Marriage Record (“CENOMAR”) in the Philippine context, with a particular focus on the issues that arise when an individual has previously been married. This article covers the legal basis, application processes, implications, and common challenges and solutions.

1. Overview of the CENOMAR

Definition

A Certificate of No Marriage Record (CENOMAR), also referred to as a Certificate of Singleness, is an official document issued by the Philippine Statistics Authority (PSA) that certifies whether a person has ever contracted marriage based on PSA records. The CENOMAR reflects all recorded marriages (if any) under one’s name.

Purpose

  1. Marriage License Requirement: Engaged couples intending to marry in the Philippines are typically required by their Local Civil Registrar’s Office (LCRO) to submit a CENOMAR. It helps confirm that neither party has a subsisting marriage.
  2. Legal Transactions and Immigration Purposes: Embassies, government offices, or private institutions occasionally request a CENOMAR to verify civil status for visa applications, employment, or other legal processes.
  3. Verification of Previous Marriages: If an individual was previously married, the CENOMAR may still list or make reference to that existing marriage record. This can impact future legal processes such as remarriage.

2. Legal Framework

Philippine Laws Governing Marriage

  1. Family Code of the Philippines (Executive Order No. 209, s. 1987)

    • Governs marriage in the Philippines, including solemnization, nullity, annulment, and recognition of foreign divorces.
    • Requires a marriage license for a valid marriage. One key requirement in applying for a marriage license is proof of capacity to marry—this is where the CENOMAR comes into play.

  2. Civil Registry Law and Implementing Rules and Regulations

    • Outlines the mandatory registration of vital events (including marriage, birth, and death) and the procedures to obtain civil registry documents such as birth certificates, marriage certificates, and CENOMARs.

  3. Philippine Statistics Authority (PSA) Circulars

    • Provide guidelines on how records are maintained and released, including guidelines on how to correct erroneous entries in civil registry documents.

When a CENOMAR is Legally Relevant

  • Application for Marriage License: All local civil registries typically request the CENOMAR from both parties to confirm they are free to marry.
  • Remarriage after Annulment or Declaration of Nullity: Even if a court judgment declares a previous marriage void, the records of such marriage remain in the PSA database unless/until properly annotated. Therefore, a new CENOMAR might still reflect that marriage unless the proper legal processes (e.g., annotation of the court decree on the PSA records) have been completed.
  • Remarriage after Foreign Divorce: Filipinos who secured a divorce decree abroad must go through a judicial recognition of foreign divorce in the Philippines for it to be recognized locally. Without this judicial recognition, the CENOMAR will still reflect the previous marriage as ongoing.

3. CENOMAR for Individuals with Previous Marriages

A previously married individual may encounter complexities when applying for or using a CENOMAR. Below are key points to consider:

  1. The PSA’s Record of Previous Marriage

    • If the PSA has a registered marriage record, the CENOMAR will indicate that the individual has a marriage on file. This effectively means the CENOMAR will not be a “certificate of no marriage” in the strict sense. Instead, PSA will typically issue a negative certification stating there is a “No Marriage” record except for the noted marriage (or “With Marriage Record”) in the database.

  2. Annotated Marriage Certificate

    • If the previous marriage was annulled, declared null and void, or recognized as null via a court proceeding (e.g., recognition of foreign divorce), the marriage certificate is usually annotated to reflect the court decree.
    • Once annotated, the PSA can issue what is sometimes referred to informally as a “CEMAR” (Certificate of Marriage), which would indicate the existence of a marriage but also contain the annotation about the annulment, nullity, or dissolution.
    • Even in that case, a “clean” CENOMAR stating that an individual is free to marry is typically not issued unless the court decision has been fully registered and annotated with the PSA, effectively updating the database that there is no subsisting marriage.

  3. Judicial Recognition of Foreign Divorce

    • If a Filipino citizen or a former Filipino citizen obtains a divorce decree from a foreign court, that decree must be recognized by a Philippine court to be valid in the Philippines.
    • Without a Philippine court’s judicial recognition, the PSA still considers the person legally married. Consequently, the CENOMAR will reflect the existing marriage.
    • After securing a court order for recognition of the foreign divorce, the PSA should annotate the marriage certificate to indicate the dissolution of the marriage. It is only then that the PSA may issue a CENOMAR reflecting that the person is no longer married.

  4. Late or Non-Registration

    • Sometimes, previous marriages were never properly registered with the LCRO or the PSA. If a marriage was not registered, the CENOMAR might incorrectly suggest that the person has no recorded marriage. This can lead to legal risks and potential charges of bigamy if a second marriage is contracted without addressing the first.
    • In other cases, a previous marriage may appear in local records but may not appear on the national PSA database due to poor or late civil registry submissions.

4. Applying for a CENOMAR

Where to Apply

  1. PSA Website or PSA Outlets
    • Applications can be done online (via PSA Serbilis or PSA Helpline) or in person at PSA outlets.
    • The applicant submits personal details (name, address, etc.) and pays a fee.
  2. Local Serbilis Centers / SM Business Centers
    • Many local malls or government offices have satellite PSA outlets where one can request a CENOMAR.
  3. Overseas Requests
    • Filipinos abroad can request PSA documents through the online platforms or via Philippine embassies/consulates, subject to additional handling and shipping fees.

Required Information for Application

  • Full name (including middle name for women).
  • Date of birth and place of birth.
  • Names of parents.
  • Purpose of the request (e.g., marriage license, visa application, etc.).
  • Valid government-issued ID.

Timeline and Costs

  • The CENOMAR is typically released within 2–6 working days (longer if through mail or online delivery).
  • Fees vary, but approximate ranges can be around PHP 210–450 per copy, depending on service fees, shipping fees, or special handling.

5. Common Issues and How to Address Them

  1. Previous Marriage Still Reflected on CENOMAR

    • Cause: The annulment decree or the foreign divorce recognition was not annotated on the marriage certificate.
    • Solution: Proceed with the annotation process by submitting a certified copy of the court decree (annulment, nullity, or recognition of divorce) to the Local Civil Registrar where the marriage was recorded, and then forward it to the PSA for annotation. Once annotated, the updated record should reflect that the marriage is no longer subsisting.

  2. Mismatch or Errors in Entries

    • Cause: Typographical or clerical errors in names, dates, or places of marriage.
    • Solution: File a petition for correction of clerical error under Republic Act No. 9048 (as amended by RA 10172) at the LCRO. Once corrected, updates should eventually be reflected in PSA records.

  3. No Record of the Marriage

    • Cause: Marriage not registered or delayed registration by the solemnizing officer or the parties.
    • Solution: Execute a Late Registration of Marriage at the LCRO of the place where the marriage took place. This ensures the marriage record is made official.
    • Risk Note: If you have a valid prior marriage that is simply not recorded, contracting a second marriage under the assumption that you are “single” can lead to legal complications (e.g., bigamy charges) down the road.

  4. Difficulty Obtaining Proof of Foreign Divorce

    • Cause: In some jurisdictions, obtaining certified court copies of divorce judgments can be complicated.
    • Solution: Work with local attorneys in the foreign jurisdiction to secure certified documents, then consult a Philippine lawyer to file for recognition of foreign divorce. Only after the Philippine court grants recognition can you annotate the PSA marriage certificate.

  5. Questions of Bigamy

    • Scenario: An individual unknowingly or deliberately did not dissolve a prior marriage before remarrying.
    • Effect: If discovered, the second marriage can be declared void, and the individual may face criminal charges for bigamy under the Revised Penal Code of the Philippines.
    • Solution: Ensure that the prior marriage is legally ended or declared void (through annulment, declaration of nullity, or recognized foreign divorce) before contracting a subsequent marriage.

6. Practical Tips and Recommendations

  1. Verify Your Records Early

    • Before planning another marriage, request copies of your marriage certificate and CENOMAR to see how the PSA records currently stand. This way, you can address any inaccuracies or missing annotations well ahead of time.

  2. Complete Annulment / Nullity / Recognition Processes

    • If you have gone through an annulment or you have a foreign divorce, ensure that the final decree is properly registered and annotated on your PSA records. Merely having a court order (domestic or foreign) without annotation can cause confusion and delays.

  3. Consult a Lawyer

    • A Philippine family law attorney can guide you through the correct legal steps—particularly critical if your previous marriage was governed by foreign law or if you suspect your prior marriage records may have irregularities.

  4. Use Official Channels

    • Obtain PSA documents from official PSA sites or government-accredited platforms. This ensures authenticity and quicker resolution if any corrections are needed.

  5. Keep All Documents Safe

    • Maintain certified copies of all court decisions (annulment, nullity, or divorce recognition orders), marriage certificates, and relevant civil registry documents. These may be essential for future updates or legal processes.

7. Conclusion

For Filipinos or former Filipinos who have been previously married, navigating the requirements of a CENOMAR can be more complex than it is for someone with no prior marital history. The key is ensuring that any dissolution, annulment, or recognition of foreign divorce is thoroughly documented and annotated in PSA records. Otherwise, one risks a CENOMAR that still reflects an extant marriage—even if, from a court’s perspective, that marriage has been dissolved.

Always verify the status of your PSA records before entering into a new marriage or other legal arrangement. Through proper legal channels—such as judicial annulment or recognition of foreign divorce—and timely annotation of PSA records, one can secure a CENOMAR that accurately reflects a current legal status. When in doubt, seek professional legal counsel to avoid complications like bigamy charges or future disputes over marital status.

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

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