Dear PAO,
I was married in 2000 to my husband who has a valid previous marriage. The relationship didn’t last long and we’ve been separated for almost seven years now.

I now have an American boyfriend and we are planning to get married. However, one of the requirements to get married is a Cenomar (Certificate of no Marriage). Can I get one considering that my marriage to my husband is void?
DB
 
Dear DB,
You are correct in saying that your marriage to your husband is void for being bigamous. Article 35 of the Family Code of the Philippines enumerates the marriage, which are considered void, to wit:

“Article 35. The following marriages shall be void from the beginning:

xxx

4. Those bigamous and polygamous marriages not falling under Article 41;

xxx”

However, even if your marriage is void, the same will still appear in our Civil Registry as its registration is a ministerial duty of the officer who solemnized your marriage. Hence, you cannot get a Certificate of No Marriage (Cenomar) because your marriage which was celebrated in 2000 was already in the Civil Registry’s database. Moreover, because you have been previously married, you shall not have the capacity to contract another marriage again without first obtaining a final judgment from the court declaring your marriage null and void (Article 40, Family Code of the Philippines). This does not mean, however, that you are of no recourse.

Since your husband’s previous marriage is still subsisting when he married you in 2000, you may file a petition for declaration of nullity of your marriage with him on the ground of being a bigamous marriage (Article 35, Family Code of the Philippines). Your petition shall be filed in the Family Court of the province or city where you or your husband has been residing for at least six (6) months prior to the date of filing, or in case your husband is a non-resident, in the Family Court where he may be found in the Philippines, at your election (Section 4, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Marriage). Once your marriage is declared null and void and your Decree of Declaration of Absolute Nullity has been registered with the National Statistics Office (NSO), you may then request a certification from the NSO that your marriage is no longer subsisting. Note, however, that your marriage contract with your husband, even if your marriage is already nullified, shall not be removed from the Civil Registry. It will still be there but shall contain an annotation that the same has been declared null and void by the court.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.