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PEOPLE v BORROMEO

PONENTE: Relova, J. HELD:


(1) Yes. There is no better proof of marriage than the admission of the
FC 6, 22, 23 accused of the existence of such marriage.
DOCTRINE: The mere fact that no record of the marriage exists in the Person living together in apparent matrimony are presumed, in the absence of
registry of marriage does not invalidate said marriage, as long as in the any counter presumption or evidence special to the case, to be in fact married.
celebration thereof, all requisites for its validity are present. The The reason is that such is the common order of society, and if the parties were
forwarding of a copy of the marriage certificate to the registry is not one of not what they thus hold themselves out as being, they would be living in
said requisites. constant violation of decency and law.

RULING FORMAT: And, the mere fact that no record of the marriage exists in the registry of
Circuit Criminal Court of Cebu-Bohol (RTC) Found Elias GUILTY marriage does not invalidate said marriage, as long as in the celebration
beyond reasonable doubt of parricide. thereof, all requisites for its validity are present. The forwarding of a copy of
SC AFFIRMED decision with modification of damages (increased). the marriage certificate to the registry is not one of said requisites.
FACTS:
(1) On July 3, 1981, 4 year old niece of spouses Susana and Elias
Borromeo heard the former shouting frantically from their hut.
He reported such to his grandmother, Matilde, the mother of
Susana. Matilde then told the child to go see Geronimo, the
brother of Susana, who then informed their father. Together they
both went to the spouses hut.
(2) Geronimo peeped through the bamboo slats at the wall and saw
Susana dead beside her 1-month old child, who was crying. Elias
was lying near Susana still holding on to a bloody kitchen bolo.
(3) Their father called the police who arrived within a few minutes.
The officers ordered Elias to open the door. When he did, they
saw Susana already dead with her intestine spilling out of her
abdomen.
(4) When questioned, Elias only mumbled incoherent words.
Autopsy of Susana reported 5 incised wounds and 6 stab wounds.
(5) Accused contends that no marriage contract was executed on the
occasion or later on (against the existence of marriage.) Hence, he
could only be charged with homicide. However, accused admitted
in his testimony in Court that Susana was his legitimate wife.

ISSUE: W/N Elias and Susana were legally married, and therefore the
crime committed is not homicide, but parricide.