Peregrina Avenido v. Tecla Avenido

GR 173540      

January 22, 2014

Facts:              

This case is about two women both claiming to have been validly married to the same man, now deceased.

Tecla claimed to have been married to Eutaquio Avenido (deceased) on September 30, 1942. However, due to World War II, Marriage certificate and other records were destroyed and only a Certfication was issued by the LCR. They begot 4 children. Sometime in 1954, he left the family and his whereabouts were not known. She later found out that he was living with another woman Buenaventura Sayson who later died on 1977. 1979, she later found out that he was married to Peregrina on March 30, 1979 wherein she subsequently filed a declaration for nullification to protect successional rights of her children. Peregrina counterclaims that she was the legal surviving spouse and also fights to be an heir of the deceased Eustaquio. Tecla presented several testimonies and certificates.

            Issue: W/N evidence presented proves existence of the marriage of Tecla & Eustaquio.

Held:

            Yes, their marriage subsists. Court upheld CA decision on presumption of marriage as Tecla and Eustaquio deported themselves as husband and wife and begot 4 children. Marriage certificate may be regarded as the primary evidence of a marital union but such is not the sole and exclusive evidence of marriage. In this case, due execution was established by the testimonies of Adela Pipapil, who was present during the marriage ceremony and Tecla herself who was a party to the event. The subsequent loss was shown by the testimony and the affidavit of the officiating priest as relevant, competent and admissible evidence. Since due execution and the loss of the marriage contract were clearly shown by the evidence presented, secondary evidence—testimonial and documentary—may be admitted to prove the fact of marriage (Lim Tanhu v Ramolete). Court finds Certfications of Loss/Destruction of record of marriage issued by NSO and LCR as relevant, competent, and admissible evidence (Pugeda v. Trias). Presumption of marriage stands. Peregrina’s marriage is void.