15 PFR, Finals
15 PFR, Finals
15 PFR, Finals
the
Art. 22 THE FAMILY CODE OF THE PHILIPPINES Art. 22
marriage;
" "
11 1 *-
(7) That the partieshave entered into a marriage (c) A project of partition (of property) signed by then-
children and the children of one by a prior marriage
settlements, if any, attaching a copy thereof. (67a)
stating that they are the children of the second and
the first marriages respectively of the deceased
spouses..
COMMENT:
(1) The Marriage
HELD: The marriage existed, in view of the proofs,
presented. Incidentally, the failure of the solemnizing officer
This Article deals with the "marriage certificate." It is not to send a copy of the marriage certificate is not a fatal defect,
an essential requisite of marriage. (Madridejo v. De Leon, 55 the certificate not being an essential requisite"for marriage.
Phil. 1) The best documentary evidence of a marriage is the (NOTE: In parricide, the best proof of relationship
marriage contract or the marriage certificate. (See Villanueva
v. Court of Appeals, 198 SCRA 472 [1991]) Thus, an oral
between appellant __
and in the absence thereof, oral evidence of the fact of marriage
solemnization of the marriage is sufficient. Failure to sign the
may be considered. [People v. Florendo, 413 SCRA 132 (2003)])
marriage contract does NOT invalidate the marriage. (De Loria,
et al. v. Felix, 5 O.G. 8114)
Anonuevo v. Intestate Estate of Rodolfo G. Jalandoni
Said marriage contract being notarized, the document now
636 SCRA 420
carries the evidentiary weight conferred upon it with respect
(2010)
to its due executive, and documents acknowledged before a
notary public have in their favor the presumption of
regulating. Other than the marriage certificate, the fact of marriage
(Ferancullo v. Ferancullo, 509
SCRA 1[2006]) In the instant nay be proven by relevant evidence.
350 351