Title: People v.

Borromeo Name of Digester: PRE

G.R. No L- 61873 Date: October 31,1984 Ponente: Relova, J

Subject / Syllabus Topic: Formal Requisites (c) Marriage Ceremony: 3. Issuance of marriage certificate

Petitioner: People of the Philippines Respondent: Elias Borromeo

Doctrine (if applicable):

- The mere fact that no record of the marriage exists in the registry of marriage does not invalidate such
marriage, as long as in the celebration thereof, all requisites for its validity are present. Forwarding a copy of
the marriage to the registry is not one of said requisites. (Pugeda v Trias)
Recit Summary:
Elias killed his wife Susana and was found guilty of parricide. While he did not deny the killing, Elias’s counsel
claimed that he should only be charged with homicide as Susana was not his legal wife. This fact, however, was
refuted by Elias himself during his testimony. The Court ruled that Elias and Susana were to be presumed married
unless there is a clear evidence showing otherwise. In addition, there is no better proof of marriage than the
admission of the accused of the existence of such marriage.
Facts:
- On July 3, 1981, at high noon, four-year old niece of Elias and Susana Borromeo heard the latter frantically
calling for help because “her husband is killing her.” The child reported this to Matilde (mother of Susana)
who then instructed the child to seek help from Geronimo (Susana’s brother) who was then working at their
mango plantation. Geronimo, together with his father, went to Susana’s hut and saw her motionless,
seemingly dead beside her one-month old child. Elias was also lying near Susana holding on to a bloody
kitchen bolo.
- The police later arrived and once they were able to get inside, they confirmed that Susana is already dead,
with her intestines spilled out of her abdomen. A small kitchen bolo was at her side.
- RTC found Geronimo guilty of parricide.
- Appellant now claims that since he and Susana were not legally married, the crime should be homicide.
Geronimo, however, during his testimony admitted that Susana was his legitimate wife.
Issue/s: Ruling:
- Is Elias and Susana married? -Yes. Court affirmed CA’s ruling.

Holding:
- The mere fact that no record of the marriage exists in the registry of marriage does not invalidate such
marriage, as long as in the celebration thereof, all requisites for its validity are present. Forwarding a copy of
the marriage to the registry is not one of said requisites. (Pugeda v Trias)
- There is no better proof of marriage than the admission of the accused of the existence of such marriage.
(Tolentino v Paras)
- In the absence of any counter presumption or evidence, persons living together in apparent matrimony are
presumed 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 to be doing, they would be living in constant violation of
decency and law. (Son Cui v Guepangco)
- The strongest presumption in matrimony is one of the strongest known in law. The law presumes morality
and not immorality; marriage and not concubinage; legitimacy and not bastardy. There is the presumption
that persons living together as husband and wife are married to each other.
-
Separate Opinions:
Notes: