Proof of Marriage in The Absence of A Marriage Contract SECONDARY EVIDENCE REQUISITES AUG 4 2017

Proof of marriage in the absence of a
marriage contract
0
BY PERSIDA ACOSTA ON AUGUST 4, 2017DEARPAO

Persida Acosta
Dear PAO,
My grandmother, who is living with me, would like to recover certain pieces of property
bought by my deceased grandfather. These pieces of property are now in the possession of
his mistress, so my grandmother talked to the latter regarding the matter. But the mistress
claimed that she is the legal wife. She presented a marriage contract, dated March 19,
1980.
My grandmother would like the second marriage to be nullified. She intends to prove that
she is legally married to my grandfather prior to the second marriage. My grandparents’
marriage certificate, however, cannot be found in the records of the Philippine Statistics
Authority because it was included in all of the records of the office that were destroyed
during World War II. How can we prove that my grandparents were legally married if we
cannot produce the copy of their marriage contract?
Alen
Dear Alen,
The existence of a marriage between a man and a woman can be proven by their marriage
contract that is registered with the Philippine Statistics Authority (PSA). However, if the
marriage contract cannot be produced because it was destroyed during World War II, the
existence of the marriage can still be proven by testimonial and other documentary
evidence.
In a similar case entitled, Peregrina Macua Vda. De Avenido vs. Tecla Hoybia Avenido
(G.R. No. 173540, January 22, 2014), the Supreme Court, through the former Associate
Justice Jose Perez ruled:
“In the case at bench, the celebration of marriage between [Tecla] and EUSTAQUIO was
established by the testimonial evidence furnished by [Adelina] who appears to be present
during the marriage ceremony, and by [Tecla] herself as a living witness to the event. The
loss was shown by the certifications issued by the NSO [National Statistics Office] and LCR
[Local Civil Registrar] of Talibon, Bohol. These are relevant, competent and admissible
evidence. Since the due execution and the loss of the marriage contract were clearly shown
by the evidence presented, secondary evidence – testimonial and documentary – may be
admitted to prove the fact of marriage. In PUGEDA v. TRIAS, the Supreme Court held that
“marriage may be proven by any competent and relevant evidence. The testimony by one of
the parties to the marriage or by one of the witnesses to the marriage has been held to be
admissible to prove the fact of marriage. The person who officiated at the solemnization is
also competent to testify as an eyewitness to the fact of marriage.”
xxxx
The court a quo committed a reversible error when it disregarded (1) the testimonies of
[Adelina], the sister of EUSTAQUIO who testified that she personally witnessed the wedding
celebration of her older brother EUSTAQUIO and [Tecla] on 30 September 1942 at Talibon,
Bohol; [Climaco], the eldest son of EUSTAQUIO and [Tecla], who testified that his mother
[Tecla] was married to his father, EUSTAQUIO, and [Tecla] herself; and (2) the
documentary evidence mentioned at the outset. It should be stressed that the due execution
and the loss of the marriage contract, both constituting the condition sine qua non for the
introduction of secondary evidence of its contents, were shown by the very evidence the
trial court has disregarded.”
Applying the above-mentioned decision in your case, your grandparents’ marriage can still
be proven by testimonial evidence or other documents if their marriage contract cannot be
produced. It is necessary first to establish the due execution of the marriage contract and its
loss as prerequisites for the introduction of secondary evidence like testimonies of persons
who witnessed the marriage.
Again, we find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the facts are
changed or elaborated.
We hope that we were able to enlighten you on the matter.

Proof of Marriage in The Absence of A Marriage Contract SECONDARY EVIDENCE REQUISITES AUG 4 2017

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Proof of Marriage in The Absence of A Marriage Contract SECONDARY EVIDENCE REQUISITES AUG 4 2017

Uploaded by

Copyright:

Available Formats

Proof of marriage in the absence of a

We hope that we were able to enlighten you on the matter.

You might also like