FACTS: Eulogio de Leon
and Flaviana Perez were man and wife and had one child, Domingo de Leon.
Eulogio de Leon died in 1915. During her widowhood, Flaviana Perez lived with
Pedro Madridejo, a bachelor. Pedro Madridejo and Flaviana Perez had a child
named Melecio Madridejo. On July 8, 1920, Flaviana Perez, being at death's
door, was married to Pedro Madridejo, a bachelor, 30 years of age, by virtue of
articulo mortis, by the parish priest of Siniloan. She died on the following
day, leaving Domingo de Leon, her son in her first marriage, and Melecio
Madridejo, her son in her second husband. The parish priest failed to send a
copy of the marriage certificate to the municipal secretary.
ISSUE: WON the
marriage is valid
HELD: Yes, the failure
of the priest to send a copy of the marriage certificate does not affect the
validity of their marriage because it is only an irregularity of a formal
requisite. Failure of the priest to send a copy of the marriage certificate to
the municipal secretary does not invalidate the marriage in articulo mortis, it
not appearing that the essential requisites required by law for its validity
were lacking in the ceremony, and the forwarding of a copy of the marriage
certificate is not one of said essential requisites.
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