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    Martinez Vs Tan Digest

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    Left Hook Olek
    The plaintiff claimed that what occurred before the justice of the peace did not constitute a legal marriage between the plaintiff and defendant. The lower court ruled that the two were married based on evidence including a signed document, witness testimony, and the justice of the peace's certificate. The Supreme Court affirmed, finding that the signed petition stating their agreement to marry, the signed document ratifying this before the justice of the peace, and the parties' declarations to take each other as husband and wife was sufficient to prove a legal marriage took place.

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    Martinez Vs Tan Digest

    Uploaded by

    Left Hook Olek
    509 views1 page
    The plaintiff claimed that what occurred before the justice of the peace did not constitute a legal marriage between the plaintiff and defendant. The lower court ruled that the two were married based on evidence including a signed document, witness testimony, and the justice of the peace's certificate. The Supreme Court affirmed, finding that the signed petition stating their agreement to marry, the signed document ratifying this before the justice of the peace, and the parties' declarations to take each other as husband and wife was sufficient to prove a legal marriage took place.

    Original Description:

    Martinez vs Tan Digest

    Original Title

    Martinez vs Tan Digest

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    The plaintiff claimed that what occurred before the justice of the peace did not constitute a legal marriage between the plaintiff and defendant. The lower court ruled that the two were married based on evidence including a signed document, witness testimony, and the justice of the peace's certificate. The Supreme Court affirmed, finding that the signed petition stating their agreement to marry, the signed document ratifying this before the justice of the peace, and the parties' declarations to take each other as husband and wife was sufficient to prove a legal marriage took place.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    509 views1 page

    Martinez Vs Tan Digest

    Uploaded by

    Left Hook Olek
    The plaintiff claimed that what occurred before the justice of the peace did not constitute a legal marriage between the plaintiff and defendant. The lower court ruled that the two were married based on evidence including a signed document, witness testimony, and the justice of the peace's certificate. The Supreme Court affirmed, finding that the signed petition stating their agreement to marry, the signed document ratifying this before the justice of the peace, and the parties' declarations to take each other as husband and wife was sufficient to prove a legal marriage took place.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
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    of 1

    MARTINEZ V. TAN 12 PHIL.

    237
    Facts
    It is claimed by the plaintiff that what took place before the justice of the pe
    ace, even admitting all that the witnesses for the defendant testified to, did n
    ot constitute a legal marriage.Lower court ruled ruled in favor of the defendant
    Angel Tan that Tan and Martinez were married on Sept. 25, 1907. Evidence suppor
    ting this were: document signed by plaintiff, testimony of defendant that he and
    plaintiff appeared before the justice of peace along with their witnesses (by B
    allori and Esmero), testimony of Esmero that he, the defendant, plaintiff and Ba
    llori appeared before the justice of peace and signed the document, the testimon
    y of Ballori who also testified to the same effect, and the testimony of the bai
    liff of court that defendant, appellant, justice of peace and two witnesses were
    all present during the ceremony.
    Issue
    Whether or not the plaintiff and the defendant were married on the 25th day of S
    eptember, 1907, before the justice of the peace
    Held
    The judgment of the court below acquitting the defendant of the complaint is aff
    irmed.
    The petition signed the plaintiff and defendant contained a positive statement t
    hat they had mutually agreed to be married and they asked the justice of the pea
    ce to solemnize the marriage. The document signed by the plaintiff, the defendan
    t, and the justice of the peace, stated that they ratified under oath, before th
    e 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 th
    e peace, signed by both contracting parties, which certificates gives rise to th
    e 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 a
    nd wife, unless the contrary is proved, such presumption being corroborated in t
    his 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 m
    ean the parties mutually agreed to unite in marriage when they appeared and sign
    ed the said document which so states before the justice of the peace who authori
    zed 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 d
    ocument which they signed; and under the circumstances in this particular case w
    ere satisfied, and so hold, that what took place before the justice of the peace
    on this occasion amounted to a legal marriage.

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