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ROSALIA MARTINEZ V. ANGEL TAN MELECIO MADRIDEJO V.

GONZALO DE LEON

Rosalia Martinez was visiting her brother in Madridejo claims that he is the next of kin of his
Palompon, Leyte. She met Angel Tan there and half-brother, Domingo de Leon. Eulogio de Leon
they were married on Sept. 25, 1907 by Justice and Flaviana Perez were married and had a son,
of Peace Jose Ballori. Tan and Martinez first Domingo. After Eulogio’s death, Flaviana lived
submitted a petition requesting the Justice to with Pedro Madridejo and they had a child,
solemnize their marriage. Upon arriving at the Melecio. Flaviana Perez, on the point of death,
office of the justice, they signed another contracted marriage with Pedro. She
document to ratify their petition under oath. Then subsequently died. Domingo de Leon also died 8
the marriage was solemnized and a marriage years after. Melecio now claims that he is the
certificate was signed by Tan, Martinez, Ballori rightful owner of Domingo’s property.
and witnesses Esmero and Pacita Ballori. The
couple did not live together and when Martinez ISSUES:
went home to Ormoc, her relatives convinced her 1. WON Pedro & Flaviana’s marriage is valid?
to file charges claiming that the marriage was not 2. WON Melecio is a legitimate child?
valid since she signed the document in her own
home thinking that it was a paper authorizing Tan HELD: Yes. No. Reversed in favor of defendants.
to ask the consent of her parents to the
marriage. RATIO:
1. Yes. Failure to send marriage certificate to
ISSUE: WON the marriage is valid? municipal secretary does not invalidate the
marriage because it is not an essential requisite.
HELD: Yes. Defendant acquitted. Affirmed. 2. No.
a. Marriage legitimates child if he/she has
RATIO: been acknowledged by parents before or
1. Martinez admitted that the ceremony took after celebration.
place but she claims that it did not constitute b. CC A131 Voluntary Acknowledgement:
a legal marriage. Court ruled that General record of birth, will, other public
Orders No. 68 Sec. 6 states: “No document. Not voluntarily acknowledged.
particular form for the ceremony of Only proof is registry certificate of birth
marriage is required, but the parties must which is not recognized because Pedro
declare in the presence solemnizing the did not execute nor sign it.
marriage that they take each other as c. CC A136 Compulsory acknowledgment
husband and wife.” by mother: fact of birth & identity of child
2. Testimony of her sister-in-law saying Martinez are proven. No proof either. She did not
never left the house without her loses force supply info on civil registry of births nor
when we consider Pacita’s testimony. She met in baptismal certificate. Latter is no
Martinez in Veles’ store and asked her to longer considered public document.
accompany her to her house to check some d. CC A135: Compulsory acknowledgement
dress patterns. They proceeded to the court by father: paper written by father
where marriage took place. acknowledging paternity exists or child
3. Letters of Martinez to Tan regarding the has enjoyed uninterrupted possession of
marriage and asking for her parents consent status as natural child as justified by
are proof that marriage took place & it’s valid. conduct of father or his family.
4. Parties ratified their petition under oath. They Prerequisite: natural child should take
both understood Spanish thus they knew the action against father, mother or those
contents of the document they were signing. setting themselves up as heirs of both to
5. Though Tan was allowed to amend his compel them to acknowledge him.
answers, there was no abuse of discretion & it Melecio has not demanded to be
did not injure Martinez in any way. recognized as natural child nor did he
compel his father or mother to
acknowledge him. Thus, court cannot
decide on this matter.