Thursday, November 11, 2010

CASE DIGEST ON MARTINEZ VS. TAN

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Martinez v. Tan [12 P 731] -- F: Pltff. Rosalia Martinez commenced this action for the cancellation of the cert. of marriage and for damages. Pltff. claimed that what took place before the justice of the peace did not constitute a legal marriage under Gen. Orders No. 68, Sec. 6, "No particular form for the ceremony of marriage is required, but the parties must declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife." CFI found for def.

HELD: The parties addressed a signed petition to the justice of the peace stating that they had agreed to marry, and asking the justice of the peace to marry them. Before the justice of the peace, they stated under oath that they ratified the contents of their petition and insisted on what they asked for. This statement was signed by them, in the presence of witnesses that they produced. A certificate was then made out by the justice of the peace, signed by him and the witnesses, stating the parties had been married by him. Both the parties knew the contents of the document w/c they signed. Under the circumstances, what took place before the justice of the peace amounted to a marriage.


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