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GR No: No.

Date:February 11, 2010
Contributor: Mark Abragan

Bar Question:

What is the proof needed to establish that a husband and wife relationship exist ?

Suggested Answer:

The best proof to present to establish that a couple is married is the marriage certificate.

Alternative Answer:

The testimony of an accused, such as this case where the acussed is being charged of parricide
of a spouse, that he is married to the victim is in itself ample proof of their relationship as the testimony
can be taken as an admission against penal interest because no man would declare anything against
himself unless such declaration is true.

Case Digest:

A is married to B. One afternoon, A punched and kicked B while they were outside of their
house and then A dragged her inside the house. C, who was playing tong-its nearby, saw this. A later
that they A was assisting B outside of their house. A asked for the help of C. C noticed that blood is
coming out of B's mouth. B died in the hospital. A was charged with parricide. A testified that he is
married to the victim.

Issue: Whether or not theelement of relationship was sufficiently established

Held: Yes. The crime of Parricide is defined and punished under Article 246 of the Revised Penal Code.
It is committed when: (1) a person is killed; (2) the deceased is killed by the accused; and (3) the
deceased is the father, mother, or child, whether legitimate or illegitimate, ora legitimate other
ascendant or other descendant, or the legitimate spouse of the accused. The key element in parricide―
other than the fact of killing ― is the relationship of the offender to the victim. In the case of parricide
of a spouse, the best proof of the relationship between the accused and the deceased would be the
marriage certificate. In this case, the testimony ofthe accused that he was married to the victim, in
itself, is ample proof of such relationship as the testimony can be taken as an admission against penal
interest. Clearly, then, it was established that Victoriano and Anna were husband and wife