This case has been cited 2 times or more.
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2006-01-27 |
CORONA, J. |
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| First, although a marriage contract is considered a primary evidence of marriage, its absence is not always proof that no marriage in fact took place.[40] Once the presumption of marriage arises, other evidence may be presented in support thereof. The evidence need not necessarily or directly establish the marriage but must at least be enough to strengthen the presumption of marriage. Here, the certificate of identity issued to Josefa Delgado as Mrs. Guillermo Rustia,[41] the passport issued to her as Josefa D. Rustia,[42] the declaration under oath of no less than Guillermo Rustia that he was married to Josefa Delgado[43] and the titles to the properties in the name of "Guillermo Rustia married to Josefa Delgado," more than adequately support the presumption of marriage. These are public documents which are prima facie evidence of the facts stated therein.[44] No clear and convincing evidence sufficient to overcome the presumption of the truth of the recitals therein was presented by petitioners. | |||||