De Avenido vs Avenido G.R No.

173540 January 22, 2014

(Fact of marriage may be proved by relevant evidence other than Marriage Certificate)

Issue: whether or not the evidence presented during the trial proves the existence of the marriage of Tecla to Eustaquio.
Court
While a marriage certificate is considered the primary evidence of a marital union, it is not regarded as the sole and
exclusive evidence of marriage. Jurisprudence teaches that the fact of marriage may be proven by relevant evidence other
than the marriage certificate. Hence, even a person’s birth certificate may be recognized as competent evidence of the
marriage between his parents.
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.
The court confounded the execution and the contents of the document. It is the contents, x x x which may not be proven
by secondary evidence when the instrument itself is accessible. Proofs of the execution are not dependent on the existence
or non-existence of the document, and, as a matter of fact, such proofs of the contents: due execution, besides the loss, has
to be shown as foundation for the introduction of secondary evidence of the contents.
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 and LCR 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.

Medina vs Kioke G.R. No. 215723

(Marriage between Filipino and Foreigner, valid divorce by Foreigner, Filipino spouse may contract subsequent
marriage without going to court)
Master and Memorize:
Article 26: Art. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country
where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under
Articles 35(1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall likewise have capacity to remarry under Philippine law.

Facts:
Petitioner Doreen Grace Parilla (Doreen), a Filipino citizen, and respondent Michiyuki Koike (Michiyuki), a Japanese
national, were married on June 14, 2005 in Quezon City, Philippines.
On June 14, 2012, Doreen and Michiyuki, pursuant to the laws of Japan, filed for divorce6 before the Mayor of
Ichinomiya City, Aichi Prefecture, Japan. They were divorced on even date as appearing in the Divorce Certificate7and
the same was duly recorded in the Official Family Register ofMichiyuki Koike.
The RTC ruled that while the divorce documents presented by Doreen were successfully proven to be public or official
records of Japan, she nonetheless fell short of proving the national law of her husband, particularly the existence of the
law on divorce.
Court
Art. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall likewise have capacity to remarry under Philippine law. (Emphasis supplied)
Under the above-highlighted paragraph, the law confers jurisdiction on Philippine courts to extend the effect of a foreign
divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the
marriage.

In Garcia v. Recio,29 it was pointed out that in order for a divorce obtained abroad by the alien spouse to be recognized in
our jurisdiction, it must be shown that the divorce decree is valid according to the national law of the foreigner. Both the
divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven.30 Since our
courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree
and the national law of the alien must be alleged and proven like any other fact.
Considering that the validity of the divorce decree between Doreen and Michiyuki, as well as the existence of pertinent
laws of Japan on the matter are essentially factual that calls for a re-evaluation of the evidence presented before the RTC,
the issue raised in the instant appeal is obviously a question of fact that is beyond the ambit of a Rule 45 petition for
review.
In this regard, it is settled that appeals taken from judgments or final orders rendered by RTC in the exercise of its original
jurisdiction raising questions of fact or mixed questions of fact and law should be brought to the Court of Appeals (CA) in
accordance with Rule 41 of the Rules of Court
WHEREFORE, in the interest of orderly procedure and substantial justice, the case is hereby REFERRED to the Court of
Appeals for appropriate action including the reception of evidence to DETERMINE and RESOLVE the pertinent factual
issues in accordance with this Decision.

Master and Memorize

Article 36: A marriage contracted by any party who at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization.

Suazo vs Suazo G.R No. 164493 March 12, 2010