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MARTINEZ V.

TAN
GR No. 4904, February 5, 1909
Petitioner: Rosalia Martinez
Respondent: Angel Tan
Facts: CFI Leyte received in evidence an expediente de matrimonio civil (marriage
petition-ish prepared in Spanish) signed by Rosalia Martinez and Angel Tan in
which tye state that they have mutually agreed to enter into a contract of marriage
before the justice of the peace, asking said justice to solemnize their marriage. This
document was signed on 25 September 1907 by the parties, the justice, and two
witnesses: Zacarias Esmero and Pacita Ballori. The document was followed by a
marriage certificate signed by the justice and the 2 witnesses that Martinez and Tan
were legally married by the justice of the peace on that day.
Martinez commenced an action for the cancellation of the certification of
marriages, claiming that what transpired before the justice of the peace did not
constitute a legal marriage under General Orders No. 68 Sec. 6 No particular form
for the ceremony is required, but the parties must declare, in the presence of the
solemnizing officer, that they take each other as husband and wife.
Issues: W/N parties were married on September 25, 1907 before the justice of the
peace court?
Held: YES.
Ratio: The judgment of the court below acquitting the defendant of the complaint is
affirmed.

The petition signed the plaintiff and defendant contained a positive statement that
they had mutually agreed to be married and they asked the justice of the peace to
solemnize the marriage. The document signed by the plaintiff, the defendant, and
the justice of the peace, stated that they ratified under oath, before the justice, the
contents of the petition and that witnesses of the marriage were produced.
A mortgage took place as shown by the certificate of the justice of the peace, signed
by both contracting parties, which certificates gives rise to the presumption that the
officer authorized the marriage in due form, the parties before the justice of the
peace declaring that they took each other as husband and wife, unless the contrary
is proved, such presumption being corroborated in this case by the admission of the
woman to the effect that she had contracted the marriage certified to in the
document signed by her, which admission can only mean the parties mutually
agreed to unite in marriage when they appeared and signed the said document
which so states before the justice of the peace who authorized the same.
It was proven that both the plaintiff and the defendant were able to read and write
the Spanish language, and that they knew the contents of the document which they
signed; and under the circumstances in this particular case were satisfied, and so
hold, that what took place before the justice of the peace on this occasion amounted
to a legal marriage.