Tomasa Vda. De Jacob vs. Court of Appeals Summary

TOMASA VDA. DE JACOB, as Special Administratrix of the Intestate Estate of Deceased Alfredo E. Jacob, petitioner vs. COURT OF APPEALS, PEDRO PILAPIL, THE REGISTER OF DEEDS for the Province of Camarines Sur, and JUAN F. TRIVINO as publisher of "Balalong," respondents.

G.R. No. 135216 | 1999-08-19

Presumption of marriage vs. Presumption of validity of marriage

Presumption of Marriage; Prima facie presumption that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage
Best evidence rule; When more than one original copy exists, it must appear that all of them have been lost, destroyed, or cannot be produced in court before secondary evidence (photocopies) can be given of any one
If the original writing has been lost or destroyed or cannot be produced in court, its contents may be proved by a copy or a recital of its contents in some authentic document, or by recollection of witnesses

D E C I S I O N

PANGANIBAN, J.:

The contents of a document may be proven by competent evidence other than the document itself, provided that the offeror establishes its due execution and its subsequent loss or destruction. Accordingly, the fact of marriage may be shown by extrinsic evidence other than the marriage contract.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the Decision of the Court of Appeals¹ (CA) dated January 15, 1998, and its Resolution dated August 24, 1998, denying petitioner's Motion for Reconsideration.

The dispositive part of the CA Decision reads:

"WHEREFORE,...