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  • Peregrina Avenido V

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    Peregrina Avenido and Tecla Avenido both claimed to have validly married the same deceased man. Tecla instituted a complaint to nullify Peregrina's marriage, presenting a marriage certificate recorded in Bohol that was reissued after World War II destroyed records. The trial court denied Tecla's petition and Peregrina's counterclaim. The issue was whether the court could rely on presumption of marriage to invalidate a subsequent marriage. The Supreme Court held that while a marriage certificate is primary evidence, it is not sole evidence, and testimony can prove marriage occurred based on a prior case.

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    Peregrina Avenido v

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    Peregrina Avenido and Tecla Avenido both claimed to have validly married the same deceased man. Tecla instituted a complaint to nullify Peregrina's marriage, presenting a marriage certificate recorded in Bohol that was reissued after World War II destroyed records. The trial court denied Tecla's petition and Peregrina's counterclaim. The issue was whether the court could rely on presumption of marriage to invalidate a subsequent marriage. The Supreme Court held that while a marriage certificate is primary evidence, it is not sole evidence, and testimony can prove marriage occurred based on a prior case.

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    7 views1 page

    Peregrina Avenido V

    Uploaded by

    Nova Marasigan
    Peregrina Avenido and Tecla Avenido both claimed to have validly married the same deceased man. Tecla instituted a complaint to nullify Peregrina's marriage, presenting a marriage certificate recorded in Bohol that was reissued after World War II destroyed records. The trial court denied Tecla's petition and Peregrina's counterclaim. The issue was whether the court could rely on presumption of marriage to invalidate a subsequent marriage. The Supreme Court held that while a marriage certificate is primary evidence, it is not sole evidence, and testimony can prove marriage occurred based on a prior case.

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    © All Rights Reserved
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    Peregrina Avenido v. Tecla Avenido (page 66) G.R. No.

    173540; January 22, 2014

    Facts:
    Petitioner and respondent both claiming to have been validly married to the same man, now decease. Respondent then
    instituted a complaint for Declaration of Nullity of marriage against petitioner on the ground that the former is the lawful
    wife. According to Tecla, the fact of marriage is evidenced by a record of their Marriage Certificate recorded in Bohol
    Registrar; however, due to World War II, records were destroyed. Thus, only a certificate was issued. The RTC denied Tecla’s
    petition as well as Peregrina’s counter claim.

    Issue: Whether or not the court can validly rely on the “presumption of marriage” to overturn the validity of a subsequent
    marriage.

    Held:
    Yes. While a marriage certificate is considered the primary evidence of a marital union, it is not regarded as sole and exclusive
    evidence 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 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.

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