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    Martinez Vs Tan Case Digest

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    Edward Allen Acevedo
    - Rosalia Martinez sued Angel Tan claiming they were not legally married on September 25, 1907 before a justice of the peace. The lower court ruled they were married. - Evidence presented included a document signed by Martinez, testimony from Tan and witnesses that Martinez and Tan appeared before the justice of the peace with witnesses for a marriage ceremony, and testimony from the bailiff that all parties were present for the ceremony. - The Supreme Court affirmed the lower court's ruling, finding that the document signed by Martinez and Tan stating their agreement to marry, along with the justice of the peace's marriage certificate signed by both parties, created a presumption of a legally valid marriage.

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    © All Rights Reserved
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    Martinez Vs Tan Case Digest

    Uploaded by

    Edward Allen Acevedo
    52 views1 page
    - Rosalia Martinez sued Angel Tan claiming they were not legally married on September 25, 1907 before a justice of the peace. The lower court ruled they were married. - Evidence presented included a document signed by Martinez, testimony from Tan and witnesses that Martinez and Tan appeared before the justice of the peace with witnesses for a marriage ceremony, and testimony from the bailiff that all parties were present for the ceremony. - The Supreme Court affirmed the lower court's ruling, finding that the document signed by Martinez and Tan stating their agreement to marry, along with the justice of the peace's marriage certificate signed by both parties, created a presumption of a legally valid marriage.

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    Martinez vs Tan Case Digest

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    - Rosalia Martinez sued Angel Tan claiming they were not legally married on September 25, 1907 before a justice of the peace. The lower court ruled they were married. - Evidence presented included a document signed by Martinez, testimony from Tan and witnesses that Martinez and Tan appeared before the justice of the peace with witnesses for a marriage ceremony, and testimony from the bailiff that all parties were present for the ceremony. - The Supreme Court affirmed the lower court's ruling, finding that the document signed by Martinez and Tan stating their agreement to marry, along with the justice of the peace's marriage certificate signed by both parties, created a presumption of a legally valid marriage.

    Copyright:

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

    Martinez Vs Tan Case Digest

    Uploaded by

    Edward Allen Acevedo
    - Rosalia Martinez sued Angel Tan claiming they were not legally married on September 25, 1907 before a justice of the peace. The lower court ruled they were married. - Evidence presented included a document signed by Martinez, testimony from Tan and witnesses that Martinez and Tan appeared before the justice of the peace with witnesses for a marriage ceremony, and testimony from the bailiff that all parties were present for the ceremony. - The Supreme Court affirmed the lower court's ruling, finding that the document signed by Martinez and Tan stating their agreement to marry, along with the justice of the peace's marriage certificate signed by both parties, created a presumption of a legally valid marriage.

    Copyright:

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

    G.R. No.

    L-4904       February 5, 1909 EN BANC

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

    Domingo Franco, for appellant.


    Doroteo Karagdag, for appellee.

    WILLARD, J.:

    RULING:

    Facts

    It is claimed by the plaintiff that what took place before the justice of the peace, even admitting all that the
    witnesses for the defendant testified to, did not 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 supporting this
    were: document signed by plaintiff, testimony of defendant that he and plaintiff appeared before the justice of
    peace along with their witnesses (by Ballori and Esmero), testimony of Esmero that he, the defendant,
    plaintiff and Ballori appeared before the justice of peace and signed the document, the testimony of Ballori
    who also testified to the same effect, and the testimony of the bailiff 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 September, 1907, before the
    justice of the peace

    Held

    The judgment of the court below acquitting the defendant of the complaint is affirmed.

    The petition signed 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. The document signed by
    the plaintiff, the defendant, and the justice of the peace, stated that they ratified under oath, before the
    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 the peace, signed by both contracting parties, which
    certificates gives rise to the 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 and wife, unless the contrary
    is proved, such presumption being corroborated in this 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 mean
    the parties mutually agreed to unite in marriage when they appeared and signed the said document which so
    states before the justice of the peace who authorized 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
    document which they signed; and under the circumstances in this particular case were 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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