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