Concern
My girlfriend claims to have had a courthouse wedding with a man who was already married. This man now has six children with another woman. She says she does not possess a marriage certificate, but the marriage is still reflected on her national record. I want to verify the accuracy of her story and understand Philippine law to determine whether my relationship with her is legal.

∇ Legal Contemplator

Let’s take this step by step, starting with the context and foundational concepts.

Starting Observations

The Philippines and Marriage Laws: The Philippines has stringent marriage laws governed primarily by the Family Code of the Philippines. It does not recognize divorce (except for Muslims under certain circumstances) and places a high burden of proof for annulments or nullity of marriage cases.
Key Terms:
- A marriage certificate is issued when a marriage is solemnized and registered with the civil registry.
- National record likely refers to the Philippine Statistics Authority (PSA) database, where vital records are stored. If her marriage is reflected there, it indicates some level of documentation or registration.
- A court marriage is a civil union officiated by a judge, which follows legal procedures like filing necessary documents, securing a marriage license, and having witnesses.
Bigamy in the Philippines: Bigamy (marrying someone while still married to another) is a criminal offense under Article 349 of the Revised Penal Code. A marriage entered into while one party is already married is generally void from the beginning. However, it could still be erroneously reflected on official records.

Initial Doubts and Questions

How credible is her claim of not having a marriage certificate while the marriage is still reflected on her national record?
- Could this be an error in the PSA system?
- Or was the marriage certificate issued but lost?
If the first husband was already married, how did this courthouse wedding occur?
- Did they bypass or falsify documents, such as the certificate of no marriage (CENOMAR)?
- Were the judge and witnesses complicit, or was this a result of oversight?
Even if the marriage is void due to bigamy, does its record have legal implications for your relationship?
- Can the presence of her name in the PSA as married affect her ability to remarry or form a new relationship?

Delving Deeper into the Law

Validity of a Marriage Under Philippine Law
- For a marriage to be valid, the Family Code requires:
  1. Legal capacity of the contracting parties (e.g., being single or annulled).
  2. Consent freely given.
  3. Authority of the solemnizing officer.
  4. A valid marriage license (with some exceptions, such as in cases of cohabitation).
- If the man was already married, legal capacity is absent, rendering the marriage void ab initio (from the start).
Bigamous Marriages
- A second marriage is void, even if the spouses were unaware of the first marriage.
- Article 40 of the Family Code states that if a person remarries, they must first obtain a judicial declaration of nullity or annulment for the first marriage.
PSA Records and Errors
- The PSA is not infallible. Clerical errors, duplicate entries, and unverified records can exist.
- A marriage erroneously recorded can be corrected via a petition for correction of entry under Rule 108 of the Rules of Court.

Scenarios and Probabilities

Scenario 1: The story is accurate, but there is a procedural anomaly.
- If her courthouse wedding was conducted with incomplete or falsified documents, the marriage would be void but still reflected on her PSA record due to procedural irregularities.
- This could occur if the man submitted fake or incomplete annulment records for his first marriage.
Scenario 2: The PSA record is inaccurate or incomplete.
- A common issue is the recording of marriages that lack follow-through documentation. For example, the judge might have forwarded an incomplete report, or the PSA could have misrecorded details.
Scenario 3: Misunderstanding or misrepresentation.
- Her claim of "no marriage certificate" could mean it was misplaced or she never formally obtained one. This does not necessarily negate the PSA record.

Uncertainties and Further Investigation

Verifying PSA Records
- Request her CENOMAR or marriage certificate from the PSA. This document will clarify if the marriage exists in the national record and whether it is annotated as void or valid.
- If the marriage is not listed, her claim about the courthouse wedding might be questionable.
Examining the Husband’s Status
- Was her “husband” indeed married at the time of their courthouse wedding? Evidence such as his marriage certificate with the first wife would help confirm this.
- If he was not married, the courthouse marriage might be valid, which raises further questions about her legal status.
Understanding Her Legal Standing
- If her marriage is void, she is legally single and free to enter a relationship. However, if it’s merely voidable (requiring a judicial declaration of nullity), this status must be resolved before she can legally remarry.

Exploring Dead Ends

The Missing Marriage Certificate: Without this, the precise details of the courthouse wedding remain ambiguous. However, its absence doesn’t necessarily mean the wedding didn’t happen, as records might still exist with the PSA.
PSA Record Errors: It’s possible that the PSA erroneously recorded the marriage. But proving this requires documentary evidence, which may be costly or time-consuming to obtain.

Final Thoughts

While her story could be true, it is not enough to rely solely on verbal claims. Legal documents from the PSA and records of her “husband’s” marital status are crucial for verifying her account.
If her marriage was indeed void due to bigamy, your relationship is likely legal. However, proceed cautiously, as unresolved issues in her civil status might complicate future legal matters, such as marriage or joint property ownership.

Final Answer
Verify her story by:

Requesting her PSA CENOMAR or marriage certificate.
Investigating the marital status of her “husband” at the time of the courthouse wedding.
Consulting a lawyer to address potential issues with her PSA record if her marriage was void or incorrectly documented.

Your relationship’s legality depends on resolving her civil status. If her marriage is void, you are not violating Philippine law by being in a relationship with her.