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    People Vs Borromeo GR No

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    iezner1
    Elias was charged with parricide for killing his wife Susana. Elias claimed they were not legally married because the officiating priest testified there was no marriage ceremony and no marriage contract was executed. However, the court ruled Elias and Susana were legally married. While a marriage certificate is not required, Elias admitted Susana was his legitimate wife, which is the best proof of a valid marriage. The court also noted two people living as husband and wife are presumed married under the law. Therefore, the court found Elias and Susana were legally and validly married.

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    People Vs Borromeo GR No

    Uploaded by

    iezner1
    6 views1 page
    Elias was charged with parricide for killing his wife Susana. Elias claimed they were not legally married because the officiating priest testified there was no marriage ceremony and no marriage contract was executed. However, the court ruled Elias and Susana were legally married. While a marriage certificate is not required, Elias admitted Susana was his legitimate wife, which is the best proof of a valid marriage. The court also noted two people living as husband and wife are presumed married under the law. Therefore, the court found Elias and Susana were legally and validly married.

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    People vs Borromeo GR No

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    Elias was charged with parricide for killing his wife Susana. Elias claimed they were not legally married because the officiating priest testified there was no marriage ceremony and no marriage contract was executed. However, the court ruled Elias and Susana were legally married. While a marriage certificate is not required, Elias admitted Susana was his legitimate wife, which is the best proof of a valid marriage. The court also noted two people living as husband and wife are presumed married under the law. Therefore, the court found Elias and Susana were legally and validly married.

    Copyright:

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

    People Vs Borromeo GR No

    Uploaded by

    iezner1
    Elias was charged with parricide for killing his wife Susana. Elias claimed they were not legally married because the officiating priest testified there was no marriage ceremony and no marriage contract was executed. However, the court ruled Elias and Susana were legally married. While a marriage certificate is not required, Elias admitted Susana was his legitimate wife, which is the best proof of a valid marriage. The court also noted two people living as husband and wife are presumed married under the law. Therefore, the court found Elias and Susana were legally and validly married.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    People vs Borromeo GR No.

    L-61873

    Facts:

     July 3, 1981, the nephew of both Elias and Susana Borromeo reported to Matilde Taborada,
    mother of Susana, that Susana was shouting frantically for help because Elias was killing her.
     Matilde told the child to go to Geronimo who happens to be the son of Matilde, upon hearing
    the report, he immediately informed his father and together they went to Susana’s hut.
     The hut was closed and Geronimo can only peep through the bamboo slats and saw Susana lying
    down, motionless and apparently dead beside her one-month old child who was crying.
     Elias was lying near Susana still holding on to a bloody kitchen bolo.
     In his brief, accused-appellant contends that the trial court erred in holding as it did that
    appellant and Susana Taborada (the deceased) were legally and validly married in a church
    wedding ceremony, when the officiating priest testified otherwise and there was no marriage
    contract executed on the occasion or later on; hence, the accused could only be liable for
    homicide.
     Appellant concurs that the trial court's finding to the effect that he killed Susana Taborada (the
    deceased) without legal justification" The main issue raised by him is that he and Susana were
    not legally married and therefore the crime committed is not parricide, but homicide.
     Elias testified later that the victim was his wife and they were married in a chapel by a priest.

    Issue:

    WON, Elias and Susana was legally and validly married.

    Ruling:

    Yes, Elias and Susana was legally and validly married.


    The essential and formal requisites for marriage are provided under Article 2 and 3, Hence,
    Marriage Certificate is not part of the requisites. In the case at bar, Elias contends that they are
    not legally and validly married, when the officiating priest testified and there was no marriage
    contract executed on the occasion or after its ceremony. The mere fact that no record of the
    marriage exists in the registry of marriage does not invalidate said marriage, as long as in the
    celebration thereof, all requisites for its validity are present. The forwarding of a copy of the
    marriage certificate to the registry is not one of said requisites. (Pugeda vs. Trias, 4 SCRA 849).
    However later on, Elias himself admitted that the deceased-victim was his legitimate wife. There
    is no better proof of marriage than the admission of the accused of the existence of such
    marriage. (Tolentino vs. Paras, 122 SCRA 525).
    Persons living 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 constant violation of decency and law. (Son Cui vs. Guepangco, 22
    Phil. 216)
    Therefore, Elias and Susana was legally and validly married.

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