Expungement of a Marriage Record Due to Fraudulent Documentation in the Philippines
All You Need to Know

1. Introduction

In Philippine law, the concept of “expungement” of a marriage record is not expressly labeled as such. Instead, under existing statutes and jurisprudence, a marriage record may be voided, annulled, or cancelled through judicial procedures if the marriage was entered into through fraudulent means or if essential requisites were not met. This article provides an overview of the legal framework governing the removal or nullification of a marriage record when fraud is involved, the grounds under which such marriages may be declared void or annulled, and the procedural steps required.

2. Legal Framework

2.1. The Family Code of the Philippines (Executive Order No. 209)

The primary law governing marriages in the Philippines is the Family Code of the Philippines, which took effect on August 3, 1988. It outlines the essential and formal requisites for a valid marriage, the grounds for nullity and annulment, and the effects of judicial declarations on the parties involved.

2.2. Civil Registry Laws

Act No. 3753 (Civil Registry Law): This law mandates the registration of all vital events, including marriages, in the civil registry.
Implementing Rules and Regulations for Act No. 3753: Provide guidelines for local civil registrars (LCR) on how to register and record births, marriages, and deaths.
Rule 108 of the Rules of Court: Governs the judicial process for the cancellation or correction of entries in the civil registry. This is critical when seeking to remove or correct a marriage entry found to be void or invalid for any reason, including fraud.

2.3. Relevant Jurisprudence

Philippine Supreme Court rulings clarify and interpret the Family Code and Civil Registry laws, especially regarding void or voidable marriages. Courts have consistently emphasized that the integrity of official civil registry documents should be protected. Hence, any attempt to remove or alter a civil registry record demands strict judicial scrutiny and adherence to due process.

3. Grounds for Voiding or Annulling a Marriage Due to Fraud

3.1. Void ab initio (Void from the Start) vs. Voidable

Void ab initio: These marriages are considered never to have existed in the eyes of the law. For instance:
- Lack of an essential requisite (e.g., no valid marriage license, no consent from the parties).
- Marriage by parties below the legal age.
- Bigamous or polygamous marriages not falling under exceptional circumstances allowed by law.
- Marriage with a person psychologically incapacitated (Article 36, Family Code).
Voidable (Annulable) Marriages: These remain valid until annulled by a competent court. One of the recognized grounds is fraud (Article 45, Family Code), provided that the fraud goes into the consent of one of the parties, such as:
- Concealment of pregnancy by another man at the time of marriage.
- Concealment of an incurable sexually transmissible disease.
- Deception regarding the identity of the other party.

However, fraudulent documentation can lead to either:

A void marriage, if the marriage license or authority of the solemnizing officer was entirely fake or non-existent (no essential requisite).
An annullable marriage, if the deceit undermined the consent of one party.

3.2. Fraud in Documentation

Fraud in the context of the marriage documentation may include:

Falsified Marriage License: If the marriage license was forged, fraudulently acquired, or entirely absent. The lack of a valid marriage license generally renders the marriage void ab initio under Article 35(3) of the Family Code.
Faked Signatures or Identities: If one party never appeared or never consented to the marriage, but their signature or identity was forged.
Fictitious Solemnizing Officer or Venue: If the officiant’s authority was fabricated (e.g., a person falsely representing themselves as a judge, priest, imam, or other authorized solemnizing officer) or other essential details in the marriage certificate were deliberately falsified.

In such cases, a petition to declare the marriage void ab initio or to annul the marriage (if the ground falls under fraudulent consent) can be filed. Once the court issues a final judgment, the civil registry entry can be cancelled or corrected accordingly.

4. Judicial Remedies

4.1. Petition for Declaration of Nullity of Void Marriages

Grounds: Lack of essential or formal requisites (Article 2 & 3, Family Code), bigamous marriage, psychologically incapacitated spouse (Art. 36), or other grounds in Articles 35, 36, 37, and 38.
Effect: The marriage is deemed never to have existed in law. Once a final judgment is issued, the local civil registrar and the Philippine Statistics Authority (PSA) must annotate or cancel the marriage record.

4.2. Petition for Annulment of Voidable Marriages

Grounds (Article 45, Family Code):
1. Lack of parental consent (for parties aged 18 to below 21).
2. Insanity.
3. Fraud.
4. Force, intimidation, or undue influence.
5. Impotence.
6. Serious and incurable sexually transmissible disease.
Effect: The marriage is considered valid until annulled by a final court decree. If the ground is fraud, it must be shown that the consent was obtained through deceit. A final judgment of annulment then authorizes the registrar to annotate or remove the marriage record.

4.3. Petition for Correction or Cancellation of Entry (Rule 108)

Used for correcting or cancelling substantial errors in the civil registry, such as an invalid or falsified marriage record.
Procedure:
1. Filing the petition in the Regional Trial Court (RTC) with jurisdiction over the place where the civil registry record is kept.
2. Notification and Publication: If the petition involves substantial changes (like cancelling a marriage record), notice must be published and interested parties must be notified.
3. Hearing: Presentation of evidence to support the claim of fraud and invalidity.
4. Court Decision: If the court finds the entry to be invalid or void, it orders the local civil registrar to cancel or correct the entry.

5. Procedural Steps to “Expunge” (Cancel) a Marriage Record

Consult a Lawyer
- Given the complexity of annulment or nullity proceedings, legal advice is crucial. A lawyer can assess whether the alleged fraud constitutes grounds for void or voidable status.
Gather Evidence
- Documents proving the marriage license or solemnizing authority was falsified.
- Affidavits or testimonies showing lack of consent, deception, or forged signatures.
- Additional supporting records (birth certificates, witness statements, certifications from government offices, etc.).
File the Appropriate Petition
- Declaration of Nullity of Marriage (if void from the start) or Annulment of Marriage (if voidable).
- Rule 108 Petition (cancellation or correction of entries in the civil registry) if you need the civil register updated/voided as part of or subsequent to a court declaration.
Attend Court Hearings
- Personal appearance may be required.
- Failure to substantiate the claim of fraud or invalidity may result in the dismissal of the petition.
Obtain the Final Judgment and Implement It
- Once the court renders a final judgment (Entry of Judgment from the Court of Appeals or Supreme Court if appealed), present certified true copies of the decision to the local civil registrar and the Philippine Statistics Authority (PSA) for the annotation or cancellation of the marriage record.

6. Important Considerations

Strict Interpretation of Fraud
- Fraud must be clearly established and must fall within the definitions under the Family Code if one is seeking an annulment (voidable marriage).
- For a void marriage (e.g., no valid marriage license), the documentation must be proven nonexistent or falsified to a significant degree.
Requirement of a Judicial Declaration
- Even if there is obvious fraud, the marriage record remains on file until a court orders its nullity or annulment. Self-executed removals or alterations of civil registry documents are not permitted.
Effects on Legitimacy of Children
- A judicial declaration of nullity or annulment can have legal implications on the status of children, but the Family Code provides safeguards under certain voidable marriages. For instance, children conceived before the judgment of annulment are considered legitimate (Article 54, Family Code).
Criminal Liability for Fraud
- If the fraud involved falsification of public documents, the responsible party may also face criminal charges (e.g., Falsification under the Revised Penal Code). This may proceed independently or concurrently with the civil (nullity/annulment) action.
Recognition of Foreign Judgments
- If the fraudulent marriage was registered abroad but affects a Filipino citizen, the foreign judgment declaring it null or void must still be recognized through proper court proceedings in the Philippines before any annotation or change in the PSA records.

7. Conclusion

While Philippine law does not specifically use the term “expunge” for marriage records, a fraudulent marriage can be effectively removed from the civil registry through judicial declaration of nullity or annulment and subsequent cancellation/correction of the entry under Rule 108. The process is evidence-driven and requires strict adherence to due process, emphasizing the importance of legal counsel and compliance with procedural rules.

When fraud is involved—be it in the marriage license, the identity of the parties, or the solemnizing officer—the courts will closely scrutinize the evidence before granting a declaration of nullity or an annulment. Once a final judgment is rendered, the civil registry entry may be cancelled or annotated, thereby “expunging” the fraudulent marriage from official records.