PEOPLE V.

BORROMEO
GR No. L-61873, October 31, 1984
Petitioner: People
Respondent: Elias Borromeo

common order of society. Furthermore, the validity of a marriage resides on the

fulfillment or presence of the requisites of the marriage which are: legal capacity and
consent. The absence of the record of such marriage does not invalidate the same as
long as the celebration and all requisites are present.

Facts: At high noon on July 3, 1981, the four year old niece of Susana & Elias
Borromeo told Matilde Taborada (mother of Susana) that Susana was screaming
because Elias was killing her. Taborada told her to inform her son, Geronimo
Taborada. Geronimo, in turn, told his father and together, they went to Susanas hut.
They were not able to enter the hut because Elias had barred the hurt shut, but
through the bamboo slats, they were able to see Susanas lifeless body next to her
crying infant and Elias mumbling incoherently still with the weapon in his hands.
The accused-appellant, Elias, said that the court erred because (1) they were not
legally and validly married, he should only be liable for homicide and not parricide
because the priest that solemnized their marriage testified that there was no marriage
contract issued on their wedding day and after that.. He concurs, however, with the
court that he killed Susana without legal justification.

Further, in his testimony, he admitted that the victim was his wife and that they were
married in a chapel by a priest. There is no better proof than the admission of the
accused of the existence of his marriage.

Issues: Does the non-execution of a marriage contract render a marriage void?

Held: In the view of the law, a couple living together with the image of being m
arried, are presumed married unless proven otherwise. This is attributed to the

Person 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).
And, 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). The appealed
decision is AFFIRMED and the indemnity increased from 12,000 to 30,000.