Jeremiah N.

Caballero
2014
Legal Research
MW 7:30 8:30 LE103

Date of Submission: June 18,

ROSALIA MARTINEZ, plaintiff and appellant, vs. ANGEL TAN,

defendant and appellee.
Facts: The facts of the case are the following:
1. The plaintiff and the appellant appeared before the
justice of the peace on the 5 th of September, 1907 as
evidenced by the expediente de matrimonio civil
received at the trial. This document was signed by the
plaintiff and defendant wherein they mutually agreed to
enter into a contract of marriage and asked that the
justice of the peace solemnize their marriage.
2. The appearance of the plaintiff and defendant before
the justice for peace was also further supported by an
evidence dated September 5, 1907 which documented
the confirmation under oath of the plaintiff and
defendant regarding their petition for the justice of the
peace to solemnize their marriage. This document was
signed by the plaintiff, defendant, justice of the peace,
and by the two present marriage witnesses.
3. Furthermore, the bailiff of the court of the justice of the
peace testified that the plaintiff, defendant, justice of
the peace, and two marriage witnesses were present in
the office of the justice of peace on September 5, 1907.
Issue: The issue of the case is whether or not the plaintiff
and the defendant were married on the 5 th day of
September, 1907, before the justice of the peace, Jose
Ballori, in the town of Palompon in the Province of Leyte.
Supreme Court Ruling: The judgment of the lower court
acquitting the defendant of the complaint is affirmed, with
costs of the instance against the appellant.

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