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    Rosalia Martinez Vs Angel Tan 12 Phil 731 PDF

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    JERROM ABAINZA
    Rosalia Martinez sued Angel Tan, arguing they were never married. However, Pacita Ballori testified she took Rosalia to the justice of the peace's office under false pretenses, where the marriage ceremony occurred. To prove the marriage, Angel Tan presented an expediente de matrimonio civilin signed by both parties before the justice of the peace requesting marriage, a document signed by both parties and witnesses ratifying the marriage took place, and a marriage certificate signed by the justice of the peace and witnesses. The court ruled these documents showed Rosalia and Angel were legally married in the presence of the justice of the peace, so it affirmed the lower court's ruling that Angel was not guilty of the complaint.

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    Rosalia Martinez Vs Angel Tan 12 Phil 731 PDF

    Uploaded by

    JERROM ABAINZA
    846 views1 page
    Rosalia Martinez sued Angel Tan, arguing they were never married. However, Pacita Ballori testified she took Rosalia to the justice of the peace's office under false pretenses, where the marriage ceremony occurred. To prove the marriage, Angel Tan presented an expediente de matrimonio civilin signed by both parties before the justice of the peace requesting marriage, a document signed by both parties and witnesses ratifying the marriage took place, and a marriage certificate signed by the justice of the peace and witnesses. The court ruled these documents showed Rosalia and Angel were legally married in the presence of the justice of the peace, so it affirmed the lower court's ruling that Angel was not guilty of the complaint.

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    Case Digest_Persons and Family Relations_Uribe_Syllabus

    Original Title

    73. Rosalia Martinez vs Angel Tan 12 Phil 731.PDF

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    Rosalia Martinez sued Angel Tan, arguing they were never married. However, Pacita Ballori testified she took Rosalia to the justice of the peace's office under false pretenses, where the marriage ceremony occurred. To prove the marriage, Angel Tan presented an expediente de matrimonio civilin signed by both parties before the justice of the peace requesting marriage, a document signed by both parties and witnesses ratifying the marriage took place, and a marriage certificate signed by the justice of the peace and witnesses. The court ruled these documents showed Rosalia and Angel were legally married in the presence of the justice of the peace, so it affirmed the lower court's ruling that Angel was not guilty of the complaint.

    Copyright:

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

    Rosalia Martinez Vs Angel Tan 12 Phil 731 PDF

    Uploaded by

    JERROM ABAINZA
    Rosalia Martinez sued Angel Tan, arguing they were never married. However, Pacita Ballori testified she took Rosalia to the justice of the peace's office under false pretenses, where the marriage ceremony occurred. To prove the marriage, Angel Tan presented an expediente de matrimonio civilin signed by both parties before the justice of the peace requesting marriage, a document signed by both parties and witnesses ratifying the marriage took place, and a marriage certificate signed by the justice of the peace and witnesses. The court ruled these documents showed Rosalia and Angel were legally married in the presence of the justice of the peace, so it affirmed the lower court's ruling that Angel was not guilty of the complaint.

    Copyright:

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

    ROSALIA MARTINEZ, plaintiff-appellant, vs. ANGEL TAN, defendant-appellee.

    1909-02-05 | G.R. No. 4904

    EN BANC Marriage – Marriage Ceremony

    WILLARD, J.: Petition

    Facts:

    The parties are married in the office of the justice of peace. But Rosalia argued that she never appeared
    before the justice of the peace and never was married to the defendant. Then Pacita Ballori testified in
    the court that Tan met the plaintiff and her mother; that she asked the mother of the plaintiff to allow
    the plaintiff to accompany her, the witness, to her own house for the purpose of examining some dress
    patterns; but instead of going to the house of the witness they went directly to the office of the justice
    of the peace where the marriage ceremony took place.

    Since the justice of the peace died after the marriage ceremony was performed and before the trial, the
    defendant presented the following to prove the marriage:

    - An expediente de matrimonio civilin was signed in Spanish by the parties in the justice of the peace
    in which they stated that they have mutually agreed to enter into a contract of marriage before the
    justice and asked the him to solemnize the marriage.
    - A document dated on the same day, signed by the parties, the justice of the peace, and by Zacarias
    Esmero and Pacita Ballori stating that the persons who signed it were actually present in the office
    of the justice on the day named; that they ratified under oath the contents of the petition, and that
    they insisted in that they had there asked for.
    - A certificate of marriage signed by the justice of the peace and the witnesses Zacarias Esmero and
    Pacita Ballori, in which it is stated that the plaintiff and the defendant were legally married by the
    justice of the peace in the presence of the witnesses on that day.

    Issue:

    Whether or not the plaintiff and the defendant were married

    Ruling:

    Yes. As a rule, no particular form from the ceremony of marriage is required, but the parties must
    declare in the presence of the person solemnizing the marriage, that they take each other as husband
    and wife. And they complied with this when the petition signed by the plaintiff and defendant contained
    a positive statement that they had mutually agreed to be married and they asked the justice of the
    peace to solemnize the marriage; when they ratified said content with the justice and the witnesses;
    lastly, when the certificate of marriage was produced undersigned by the justice and the witnesses.
    Therefore, these pieces of evidences show that they were indeed legally married in the presence of the
    justice of the peace.

    The judgment of the court below acquitting the defendant of the complaint is affirmed, with the costs of
    this instance against the appellant.

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