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THE CENOMAR

The Certificate of No Marriage Record (CENOMAR), or otherwise known as the Certificate of Singleness, is that issued by the National Statistics Office (NSO) that a certain individual does not have a record of marriage under his/her name.

Legally, the CENOMAR is not a requisite to contract marriage. Nor is it required for that certain individual to present the CENOMAR for a marriage license before the local civil registrar. But recently, some LCR offices begin to include this in the list of requirements in applying for a marriage license. Some parishes require this document for applicants who would like to get married in their church. It may also be required if your future spouse is applying for a fiancee visa in your behalf. Moreover, Philippine embassies may also list the CENOMAR as a requirement for Filipino nationals to secure a certificate of legal capacity to contract marriage. It is, in essence, a proof issued by a government agency to certify the single status of a person.

Upon application by the individual of a CENOMAR with the NSO or any of its authorized agents (Serbilis, Teleserv or E-Census), and a record of marriage appears across that name, a CENOMAR will not issue. Instead, the marriage certificate evidencing the same shall be issued.

If the said individual indeed contracted marriage, but was subsequently annulled, the CENOMAR shall reflect the said recorded marriage. The individual must produce the necessary documents that will prove the annulment as final and executory, and the said judgment reflected in the marriage certificate. (Certificate of Finality of the Judgment, Annotated Marriage Certificate issued by the NSO,etc). These documents must be annexed to the CENOMAR, for it to be accepted by the requesting authorities.

What pieces of information are needed in getting a CENOMAR?

• Date of birth
• Place of birth
• Number or copies needed
• Purpose for the certification
• Complete name of the father
• Complete maiden name of the mother
• Complete name of the person to be certified
• Complete name and address of the requesting party

For your other questions on the CENOMAR, post a comment below or email us at verifiedinc@gmail.com or verifiedinc@yahoo.com.

Best Regards,

The VERifier

Your NSO Marriage Certificate Guidance Counselor

The Case of the Legitimated Child

A legitimated child is a child conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. (Art. 177, FCP)

Nature of Legitimation:

1. Legitimation shall take place by the subsequent marriage of the parents.

2. The effects of legitimation shall retroact to the date of birth.

3. Legitimation takes place by operation of law.

4. Legitimation takes place only if the parents were not under any legal impediment to marry each other at the time the child was conceived.

While legitimation takes place by operation of law, the subsequent marriage of the parents does not automatically convert a child’s status from illegitimate to legitimated.

No court order is required for the change in status, but the birth record of the child must be changed accordingly through the Local Civil Registrar’s Office (LCRO).

Read the procedure below:

1. Both parents must execute an Affidavit of Legitimation containing the following facts (www.census.gov.ph):

1.1 the names of the parents;

1.2 that at the time when child was conceived, parents could have contracted marriage, and that they  subsequently contracted marriage;

1.3 the date and place when such marriage was solemnized;

1.4 the name of the officer who officiated the marriage;

1.5 the city or municipality where such marriage was recorded;

1.6 the name of the child to be legitimated, and the other facts of birth;

1.7 the date and place where the birth of the child was registered ; and

1.8 the manner by which the child was acknowledged by the parents which may be in the child’s record of birth, in a will, a       statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988—the effectivity of the Family Code)

2. The above affidavit must be registered in the local civil registry office of the place where the birth was recorded.

Upon registration of the affidavit of legitimation, this has the following effects:

1. The original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written “Legitimated by Subsequent Marriage” indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments.
2. When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation “Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)” or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993).

Sources: http://www.manila-legal.com/surname-of-a-legitimated-child/

                 http://www.census.gov.ph/data/civilreg/civapfaq.html#legitimation

Note: By virtue of Republic Act No. 9855, enacted in 2009, the definition of legitimated children was expanded to include those conceived and born outside of wedlock of parents who were disqualified only because either or both of them were below eighteen (18) years old when the child was conceived.

For further questions on legitimation, please feel free to email us at verifiedinc@gmail.com or verifiedinc@yahoo.com or post your comments below.

Best Regards,

The VERifier

Your NSO Birth Certificate Guidance Counsellor