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    Avenido Vs Avenido

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    El Sitas
    This case involves two women, Tecla and Peregrina, both claiming to be validly married to the now deceased Eustaquio. Tecla alleges she married Eustaquio in 1942 and they had four children, but he left in 1954. Peregrina claims she married Eustaquio in 1979. The issue is whether the court can rely on the presumption of marriage to invalidate Peregrina's subsequent marriage. The Supreme Court held yes, there is a presumption that a man and woman living together are married, and marriage can be proven by competent evidence other than a marriage certificate, such as witness testimony. Therefore, the presumption of marriage supports invalidating Peregrina's marriage.

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    Avenido Vs Avenido

    Uploaded by

    El Sitas
    893 views2 pages
    This case involves two women, Tecla and Peregrina, both claiming to be validly married to the now deceased Eustaquio. Tecla alleges she married Eustaquio in 1942 and they had four children, but he left in 1954. Peregrina claims she married Eustaquio in 1979. The issue is whether the court can rely on the presumption of marriage to invalidate Peregrina's subsequent marriage. The Supreme Court held yes, there is a presumption that a man and woman living together are married, and marriage can be proven by competent evidence other than a marriage certificate, such as witness testimony. Therefore, the presumption of marriage supports invalidating Peregrina's marriage.

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    Avenido vs Avenido

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    This case involves two women, Tecla and Peregrina, both claiming to be validly married to the now deceased Eustaquio. Tecla alleges she married Eustaquio in 1942 and they had four children, but he left in 1954. Peregrina claims she married Eustaquio in 1979. The issue is whether the court can rely on the presumption of marriage to invalidate Peregrina's subsequent marriage. The Supreme Court held yes, there is a presumption that a man and woman living together are married, and marriage can be proven by competent evidence other than a marriage certificate, such as witness testimony. Therefore, the presumption of marriage supports invalidating Peregrina's marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    893 views2 pages

    Avenido Vs Avenido

    Uploaded by

    El Sitas
    This case involves two women, Tecla and Peregrina, both claiming to be validly married to the now deceased Eustaquio. Tecla alleges she married Eustaquio in 1942 and they had four children, but he left in 1954. Peregrina claims she married Eustaquio in 1979. The issue is whether the court can rely on the presumption of marriage to invalidate Peregrina's subsequent marriage. The Supreme Court held yes, there is a presumption that a man and woman living together are married, and marriage can be proven by competent evidence other than a marriage certificate, such as witness testimony. Therefore, the presumption of marriage supports invalidating Peregrina's marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Avenido VS Avenido

    Facts:

    This case involves a contest between two women both claiming to have been validly
    married to the same man, now deceased.

    Respondent Tecla Hoybia Avenido (Tecla) instituted on a Complaint for Declaration of


    Nullity of Marriage against Peregrina Macua Vda. de Avenido (Peregrina) on the
    ground that she (Tecla), is the lawful wife of the deceased Eustaquio Avenido
    (Eustaquio). Tecla alleged that her marriage to Eustaquio was solemnized in 1942. The
    fact of their marriage is evidenced by a Marriage Certificate recorded with the Office of
    the Local Civil Registrar (LCR) and testimony of Eustaquio’s sister, that she was present
    during the wedding. However, due to World War II, records were destroyed. Thus,
    only a Certification3 was issued by the LCR.

    During the existence of Tecla and Eustaquio’s union, they begot four (4) children.
    Sometime in 1954, Eustaquio left his family and his whereabouts was not known.

    Later on, Tecla learned that her husband Eustaquio got married to another woman by
    the name of Peregrina, which marriage she claims must be declared null and void for
    being bigamous. Peregrina averred that she is the legal surviving spouse of Eustaquio,
    their marriage having been celebrated in 1979. She also contended that the case was
    instituted to deprive her of the properties she owns in her own right and as an heir of
    Eustaquio.

    ISSUE:

    1. Whether or not the court can validly rely on the "presumption of marriage" to
    overturn the validity of a subsequent marriage

    HELD:

    YES. . Persons dwelling together in apparent matrimony are presumed, in the absence
    of any counter-presumption or evidence special to the case, to be in fact married. The
    reason is that such is the common order of society, and if the parties were not what they
    thus hold themselves out as being, they would be living in the constant violation of
    decency and of law. A presumption established by our Code of Civil Procedure is that a
    man and a woman deporting themselves as husband and wife have entered into a
    lawful contract of marriage. (Sec. 334, No. 28) Semper – praesumitur pro matrimonio –
    Always presume marriage.

    While a marriage certificate is considered the primary evidence of a marital union, it is


    not regarded as the sole and exclusive evidence of marriage. Jurisprudence teaches that
    the fact of marriage may be proven by relevant evidence other than the marriage
    certificate. Hence, even a person’s birth certificate may be recognized as competent
    evidence of the marriage between his parents.

    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 of the 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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