G.R. No. 173540 - Vda. de Avenido vs. Avenido

Petitioner Peregrina Macua Vda. de Avenido and respondent Tecla Hoybia Avenido both claim to have been validly married to the same deceased man, Eustaquio Avenido.
Tecla filed a Complaint for Declaration of Nullity of Marriage against Peregrina on 11 November 1998, asserting that she was the lawful wife of Eustaquio and that Peregrina’s marriage was therefore bigamous and null.

Tecla alleged marriage to Eustaquio on 30 September 1942 in Talibon, Bohol, officiated by the Parish Priest.
She presented a Marriage Certificate, but due to World War II destruction, only a Certification from the Local Civil Registrar (LCR) of Talibon could be issued.
Tecla and Eustaquio had four children during their union.
Eustaquio left in 1954; Tecla learned in 1979 that he married Peregrina, making the latter’s marriage bigamous.

Peregrina asserted marriage to Eustaquio on 30 March 1979 at St. Jude Parish in Davao City, arguing she was the legal surviving spouse when he died in 1989.
She claimed the nullity case was bad faith to deprive her of certain properties.
She presented her marriage contract with Eustaquio and Eustaquio’s affidavit declaring himself single when marrying Peregrina, admitting a common law relation with Tecla.

Tecla presented testimonial evidence from herself, her son Climaco, and Adelina Avenido-Ceno, Eustaquio’s sister, who witnessed the 1942 marriage.
Documentary evidence submitted by Tecla included various certifications from the LCR, National Statistics Office (NSO), birth and baptismal certificates for their children, and a church-issued marriage certification.
Peregrina testified regarding her marriage and life with Eustaquio, including his poor health.
Peregrina submitted documentary proof including marriage contract, affidavits, and registrar certifications to support her claim and counterclaim for damages.

The Regional Trial Court (RTC) Branch 8, Davao City, on 25 March 2003, denied Tecla’s petition and dismissed Peregrina’s counterclaim, heavily relying on the absence of the marriage certificate for Tecla and the destruction of civil registry records during WWII.
On appeal, the Court of Appeals (CA) on 31 August 2005 reversed the RTC, declaring Tecla’s marriage valid and Peregrina’s marriage bigamous and void, giving credence to the testimonies and documentary evidence of Tecla.

Peregrina challenges the CA’s ruling upholding Tecla’s marriage.
The Office of the Solicitor General (OSG) raised issues regarding the presumption of marriage, admissibility of secondary evidence without the original document, and the probative value of church-issued certificates absent the testifying priest.

Whether the Court can validly rely on the presumption of marriage to invalidate a subsequent marriage.
Whether secondary evidence can be considered without direct proof of execution or existence of the original marriage document.
Whether a Certificate of Marriage issued by the church has probative value without the priest’s testimony.