IRENEO G. GERONIMO, vs. COURT OF APPEALS and ANTONIO ESMAN.
- G.R. Number: G.R. No. 105540
- Promulgated: 1993-07-05
- Ponente: Davide, Jr., J.
Doctrine
Before appointing a judicial administrator, the Court must resolve whether the marriage in question is valid.
Proof of non-recording of a marriage license number does not suffice to prove non-issuance of the license itself.
Facts
The case concerns whether the Court may appoint a judicial administrator pending resolution of the validity of the marriage between Graciana Geronimo and Antonio A. Esman.
Marriage License No. 5038770 was requisitioned and received by the Municipality of Pateros on 09 October 1953 and later used by Esman and Geronimo for their marriage on 07 January 1955.
The same license number (No. 5038770) was also issued to the municipality of Pasig in October 1959, and yet another license bearing the same number was subsequently issued, creating confusion over recording and issuance.
Issues
Whether the marriage between Graciana Geronimo and Antonio A. Esman was valid.
Ruling
The petition was denied and the appealed decision was affirmed in toto; costs were imposed on the petitioner.
The Court found that evidence showing non-recording of the marriage license number does not establish non-issuance of the license.
Keywords
G.R. No. 105540, Rule 45 of the Rules of Court, appeal by certiorari, Special Proceeding No. 10036, administration of estate, validity of marriage, nullity of marriage, marriage license, Local Civil Registrar, marriage contract, judicial administrator, surviving heirs, deceased without a will, legal capacity to inherit, mortgagee in good faith, esman, appeals, findings, antonio, deceased