FACTS: There was
received in evidence at the trial what is called Rosalia Martinez and Angel Tan
were married before a justice of the peace in Leyte. They executed an
expediente de matrimonio civil. It is written in Spanish and consists, first,
of a petition directed to the justice of the peace, dated on the 25th of
September, 1907, signed both by Martinez and Tan, in which they state that they
have mutually agreed to enter into a contract of marriage before the justice of
the peace, and ask that the justice solemnize the marriage. Marriage was
solemnized with two witnesses. The couple did not live together and when
Martinez went home to Ormoc, her relatives convinced her to file charges
claiming that the marriage was not valid since she signed the document in her
own home thinking that it was a paper authorizing Tan to ask the consent of her
parents to the marriage.
ISSUE: WON the
marriage is valid.
HELD: Yes. They were
married since there was an expression of mutual consent and both of them
appeared before the justice of the peace. They both understood Spanish thus
they knew the contents of the document they were signing.
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