Dear Attorney,

I am writing to seek your guidance regarding the validity of my current marriage. Many years ago, my spouse allegedly entered into a marriage at a very young age—one spouse was around sixteen (16) years old, and the other party was around fourteen (14). According to family stories, this marriage took place in a mayor’s office sometime in 2001. However, in the present, when my spouse and I were preparing the necessary documents for our own wedding, we secured a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA). The document indicated that my spouse had no prior marriage on record.

Later on, I discovered that my spouse’s name in his birth certificate was spelled differently, and the surname used at some point might have also been recorded differently in some documents. Additionally, when we requested the PSA records, it showed a certain variation or discrepancy in his given name and surname. I wonder if this mismatch in names could be the reason why the system did not reflect a prior marriage. Consequently, I am anxious about the legal implications for our marriage, especially if a legitimate record of that first marriage still exists somewhere.

Could you kindly shed light on the legal standing of our marriage? Specifically, I would like to know whether my spouse’s previous marriage is considered valid despite his and his former partner’s young ages at the time. Are there risks to the legality of our present marriage if it turns out that the earlier union was not properly dissolved? Also, how should we address the discrepancies in names and surnames in various civil registry and PSA documents, and is this issue sufficient to invalidate our marriage? I am seeking your advice on the best course of action to clarify and protect the rights of everyone involved.

Thank you, Attorney, for considering my questions. Any guidance you can offer would be greatly appreciated.

Sincerely,
A Concerned Spouse

A COMPREHENSIVE LEGAL ARTICLE ON THE VALIDITY OF MARRIAGES, RECORD DISCREPANCIES, AND POTENTIAL REMEDIES UNDER PHILIPPINE LAW

In the Philippines, marriage is both a social institution and a legal contract governed by the Family Code of the Philippines (Executive Order No. 209, as amended). Legal issues concerning marriage validity, bigamy, nullity, annulment, and correction of entries in public records require a careful application of statutory provisions, relevant jurisprudence, and administrative regulations. Below is a thorough discussion of the various aspects implicated by your concerns.

I. The Legal Capacity to Marry: Age Requirements and Relevant Provisions

Under the Family Code, the general age requirement for contracting marriage is set at eighteen (18) years of age for both parties (Article 5, Family Code). However, if individuals are below the required age or if any legal capacity is lacking, the purported marriage can be void from the start or voidable, depending on the specific circumstances. Let us parse the relevant provisions:

Article 5, Family Code
It states that any male or female of the age of eighteen (18) years or above not under any impediment mentioned in Articles 37 and 38 may contract marriage. If one or both parties are younger than eighteen, the marriage is generally considered void ab initio (from the beginning), because they do not meet the essential requisites.
Parental Consent and Parental Advice
Before the statutory amendment of the Child, Early, and Forced Marriage laws in the Philippines, there were provisions allowing individuals between eighteen (18) and twenty-one (21) to marry with parental consent. Still, a marriage involving individuals below eighteen (18) is generally void due to lack of legal capacity.

In your scenario, the alleged marriage that took place around 2001 involved one spouse who was about sixteen (16) and the other about fourteen (14). This is below the legal age of eighteen (18) required under the Family Code (which has been in effect since 1988). Given that both parties were minors at the time, such a marriage is void and without legal effect because they did not meet the requirement of legal capacity to marry.

II. Void vs. Voidable Marriages and the Significance of Nullity

The law recognizes distinctions between void marriages and voidable (annullable) marriages:

Void ab initio
A void marriage is considered to have never existed from the beginning. Lack of capacity due to minority (i.e., being below eighteen years of age) is one clear ground that typically renders a marriage void under Article 35 of the Family Code.
Voidable or Annulled
A voidable or annullable marriage remains valid and binding until annulled by a competent court. Examples include marriages where one party was eighteen or older but consent was obtained by means of fraud, or there was lack of parental consent for those between the ages of eighteen (18) and twenty-one (21) at the time of marriage.

Because your spouse’s alleged marriage involved an individual aged sixteen (16) and another aged fourteen (14), that marriage was presumably invalid from the very start. If, hypothetically, a marriage certificate does exist in the files of the local civil registry or the mayor’s office, it would not confer a valid legal status upon that union because of the clear violation of the age requirement. Thus, under the Family Code, such an underage marriage would normally be considered void ab initio.

III. Impact of a Void Marriage on Subsequent Unions

If a prior marriage is truly void, it typically does not impede a person from contracting a valid marriage later, as there was no legal marriage in the eyes of the law. However, confusion arises if the prior marriage appears in official records or if a party does not initiate the correct judicial process to declare the marriage null. Under Philippine law, even if a marriage is considered void, it is prudent to obtain a judicial declaration of nullity. Otherwise, the second marriage might be mistaken for bigamous if the earlier (albeit void) marriage is not clearly nullified.

Bigamy (Article 349, Revised Penal Code)
Bigamy occurs when one contracts a second or subsequent marriage without legally terminating or nullifying the prior one. Even if the first marriage is voidable, it generally must be annulled or declared void by final judgment to avoid bigamy charges.
Judicial Declaration of Nullity
The correct course is to secure a judicial declaration of nullity if there is any doubt. This ensures clarity in official records. Failure to do so can cause confusion in the PSA or local civil registry.

If the official records do not show the first marriage, as evidenced by the CENOMAR, it might be the case that the local civil registry never transmitted the record to the National Statistics Office (now PSA), or there was some error in the recordation process. Another possibility is that the name discrepancies prevented the system from matching the records to your spouse’s official identity.

IV. Discrepancies in Name and Its Effect on Marital Status

It appears that your spouse’s name varies in different documents, including possibly the spelling of both the given name and the surname. In the Philippines, the PSA’s database relies heavily on consistent matches of personal details: full name, date of birth, place of birth, and so forth. If your spouse was once recorded under a slightly different name (for instance, a typographical error in either first name or surname), the system might fail to reflect the previous marriage.

Additionally, an individual’s birth certificate is typically recognized as the primary identification document for all civil registry matters. If your spouse’s birth certificate indicates a particular spelling of the name, yet the alleged marriage certificate from years ago uses a different name or surname spelling, the PSA may not “connect” or consolidate the records. This discrepancy could easily result in a CENOMAR that states “No Record of Marriage” when in reality there was an attempt at registration under a different name.

Relevance to the Validity of the Second Marriage
If the first marriage was void due to the parties’ minority at the time, then from a purely legal standpoint, your current marriage would not be invalidated by that void union. However, in practice, name discrepancies and potential confusion in records can trigger questions about bigamy or the civil status of the spouses.

Administrative Remedy
Should you wish to correct a name discrepancy, the usual route involves a Petition for Correction of Entries under Rule 108 of the Rules of Court or, in minor spelling error cases, an administrative correction process through the local civil registry under Republic Act No. 9048 (as amended by RA 10172). If your spouse intends to rectify official documents to ensure consistent spelling of the name and reduce confusion, that is an advisable step.

V. The Importance of Securing a Judicial Declaration of Nullity for a Prior Void Marriage

As previously emphasized, a marriage contracted by minors is generally void. Nevertheless, the law (specifically Article 40 of the Family Code) requires that any subsequent marriage will only be valid if the earlier, albeit void, marriage is declared void in a final judgment by a competent court. This statutory requirement was reiterated in several Supreme Court decisions.

Significance

Even a void marriage, if never declared null by the court, could pose legal complications.
The parties seeking to remarry (or clarifying their marital status) often need the judicial declaration of nullity to avoid charges of bigamy or questions on legitimacy of children born in subsequent unions.

Possible Courses of Action

Judicial Declaration of Nullity
If indeed a marriage certificate exists for the spouse’s supposed prior marriage, it would be prudent to file a petition for declaration of nullity in the appropriate Regional Trial Court (Family Court). This clarifies once and for all that such a marriage is void ab initio.
Ensuring No Bigamy Concerns
Once a final judgment is rendered, your spouse and you can rest assured that no bigamy charge can be sustained against you.
Filing the Petition
Typically, the spouse who was a party to the alleged void marriage can file this petition. This is a legal proceeding requiring the assistance of counsel.
Publication Requirements
Some cases may require publication of the petition, especially if it involves correction or cancellation of entries.
PSA Annotation
Once the court issues a decision, the local civil registry and the PSA update their records, thereby reflecting that the marriage was declared void.

VI. Bigamy Under Article 349 of the Revised Penal Code: Potential Pitfalls

Bigamy is punished by Philippine law if a person contracts a second or subsequent marriage before the first valid marriage is dissolved or declared void. However, in your spouse’s situation, if the first marriage was indeed void from the start (because both parties were minors), there would be no valid marriage to speak of. Nonetheless, one must emphasize that the legal system still typically requires documentary evidence of nullity to be safe from prosecution.

Elements of Bigamy
- Offender is legally married.
- The marriage is valid and subsisting.
- The offender contracts a second or subsequent marriage without the former marriage being lawfully dissolved or declared void.
Defenses
- The first marriage was void, but the documentation to prove its nullity should be established in court.
- If the first marriage was not recorded or official, or if the parties were underage, the prosecuting authority might also consider the lack of validity from the start.

VII. Relevance of the CENOMAR and Potential Record Discrepancies

A Certificate of No Marriage Record (CENOMAR) from the PSA is a commonly required document when two individuals plan to marry. This certificate, as its name suggests, states that no prior marriage has been recorded in the national system. The reliability of this document rests on the thoroughness and accuracy of local civil registry submissions to the PSA. However, its findings are not absolutely conclusive in the sense that if local civil registry data is incomplete or if the name was recorded differently, the system might fail to identify an existing record.

Name Discrepancies

In your case, a variation in the spelling of the first name (e.g., “Jeorge” vs. “Gorge”), combined with differences in the surname, can cause the record to remain hidden in the PSA database.
The standard practice when searching for existing marriages is to use the name as exactly spelled in official documents; thus, “Jeorge Berjame” and “Gorge Berjami” might not register as the same individual.

Practical Resolution

One might consider requesting a manual search at the local civil registry where the alleged marriage took place. If they cannot locate a record, that further supports the argument that no valid marriage was ever registered.
If they do find an entry, verify the details: the date of registration, names of parties, ages, officiant, etc. This information can guide you as to whether a petition for declaration of nullity is necessary.

VIII. Steps to Clarify and Protect Legal Rights

Given your situation, you and your spouse may benefit from taking the following measures:

Obtain Professional Legal Counsel
While this article provides general guidelines, only a licensed attorney who thoroughly reviews all the relevant documents (birth certificates, marriage certificates, PSA records, local civil registry entries, and any other supporting evidence) can give definitive advice tailored to your specific circumstances.
Secure All Vital Documents
Gather original or certified true copies of your spouse’s birth certificate, the alleged first marriage certificate if it can be located, and your own marriage certificate.
Rectify Name Discrepancies
If your spouse’s official name in the birth certificate is different from the one used in other documents (e.g., school records, government IDs, marriage certificate, or the alleged first marriage record), consider filing a Petition for Correction of Entries under RA 9048 (and RA 10172) or a Rule 108 proceeding to standardize the name across all documents.
Consider Filing a Petition for Declaration of Nullity
If, upon thorough verification, you confirm that there is indeed a record of a prior marriage—even though it may be void from the start because of minority—filing a petition for declaration of nullity is the safest route. Once the judgment is final, the PSA will annotate and officially recognize the nullity, thereby removing any potential issues of bigamy or confusion in future transactions.
Document All Processes
Whenever you request changes from the local civil registry or PSA, keep track of file reference numbers, official communications, and receipts. This documentation can be valuable in case of future legal questions about your spouse’s civil status.

IX. Jurisprudential Guidance

Philippine jurisprudence has consistently underscored the importance of a proper court proceeding in declaring a marriage void. The Supreme Court has held that those who want to remove any doubt about their capacity to remarry should first obtain a judicial declaration of nullity, even in cases involving a void marriage.

Examples of Pertinent Doctrines

Bobis v. Bobis, G.R. No. 138509 (2000): Emphasized the need for a final court decree for the nullity of marriage, even if void ab initio, before contracting a subsequent marriage.
Ninal v. Badayog, G.R. No. 133778 (2000): Affirmed that “marriage, in our law, is not a mere contract but an inviolable social institution” and that official declarations cannot be taken lightly.
Moreno v. Bernabe, G.R. No. 208086 (2020): Reiterated the significance of completing the proper legal process to ensure the marital status is beyond question, especially concerning public records.

These cases all highlight that obtaining a court ruling is crucial not only to avoid criminal liability but also to guarantee stability in personal status relationships and official public records.

X. Conclusion and Final Remarks

In summary, the key points you should keep in mind are:

Age Requirement: Marriage involving minors below eighteen (18) years old is void ab initio under Philippine law.
Judicial Declaration of Nullity: Even void marriages must be declared null by a competent court to avoid future complications, including possible charges of bigamy or issues regarding the legitimacy of children.
CENOMAR Limitations: A CENOMAR indicating “no prior marriage” does not always conclusively prove that no marriage took place. Discrepancies in the spelling of names and other data entry errors can lead to untraced records.
Name Discrepancies: Mismatched names or clerical errors in civil registry documents can cause confusion. The appropriate remedy is a Petition for Correction under RA 9048 (as amended by RA 10172) or, in more complex cases, a judicial proceeding under Rule 108 of the Rules of Court.
Importance of Court Intervention: Should you find evidence of a recorded prior marriage—even if it is presumably void due to the spouses’ minor ages—it would be prudent to address it with a formal petition for nullity in court.

No matter how certain one party is that the earlier marriage was invalid, best practice under Philippine law dictates that an official court declaration is needed. This ensures protection against administrative, civil, and criminal liabilities, and it safeguards your rights and obligations under the law.

If you have any lingering doubt or discover official documentation of that alleged marriage, you and your spouse should consult a qualified attorney to discuss your options. Legal counsel can guide you in verifying the records at the local civil registry, assessing your spouse’s birth documents, filing any necessary court petitions, and protecting the legal status of your current marriage. In the end, proactively clarifying your spouse’s civil status is always better than waiting for a complication to arise—especially concerning inheritance rights, benefits, legitimacy issues, or potential bigamy allegations.

Disclaimer: This article is intended only for general informational purposes and does not constitute legal advice. Specific cases vary, and readers should consult an attorney who can examine their situation comprehensively and provide tailored counsel.