MARTINEZ v. TAN ROSALIA MARTINEZ, plaintiff-appellant, ANGEL TAN, defendant-appellee.

FACTS: 1) Plaintiff Rosalia Martinez commenced this action for the cancellation of the certificate of marriage and for damages. 2) Plaintiff claimed that what took place before the j stice of the peace on !ept. 2", 1#$% did not constit te a legal marriage nder &en. 'rders (o. )*, !ec. ), +(o partic lar form for the ceremon, of marriage is re- ired, b t the parties m st declare, in the presence of the person solemnizing the marriage, that the, take each other as h sband and wife.+ .) /ower co rt r led r led in fa0or of the defendant 1an that 1an and Martinez were married on !ept. 2", 1#$%, hence this petition.

2) 30idence s pporting this were4 doc ment signed b, plaintiff, testimon, of defendant
that he and plaintiff appeared before the j stice of peace along with their witnesses 5b, 6allori and 3smero), testimon, of 3smero that he, the defendant, plaintiff and 6allori appeared before the j stice of peace and signed the doc ment, the testimon, of 6allori who also testified to the same effect, and the testimon, of the bailiff of co rt that defendant, appellant, j stice of peace and two witnesses were all present d ring the ceremon,. ISSUE: 7hether there was a 0alid marriage that took place before the j stice of the peace on !ept. 2", 1#$% RULING: YES. 1he j dgment of the co rt below ac- itting the defendant of the complaint is affirmed. 1he petition signed the plaintiff and defendant contained a positi0e statement that the, had m t all, agreed to be married and the, asked the j stice of the peace to solemnize the marriage. 1he doc ment signed b, the plaintiff, the defendant, and the j stice of the peace, stated that the, ratified nder oath, before the j stice, the contents of the petition and that witnesses of the marriage were prod ced. 8 marriage took place as shown b, the certificate of the j stice of the peace, signed b, both contracting parties, which certificates gi0es rise to the pres mption that the officer a thorized the marriage in d e form, the parties before the j stice of the peace declaring that the, took each other as h sband and wife, nless the contrar, is pro0ed, s ch pres mption being corroborated in this case b, the admission of the woman to the effect that she had contracted the marriage certified to in the doc ment signed b, her, which admission can onl, mean the parties m t all, agreed to nite in marriage when the, appeared and signed the said doc ment which so states before the j stice of the peace who a thorized the same. 9t was pro0en that both the plaintiff and the defendant were able to read and write the !panish lang age, and that the, knew the contents of the doc ment which the, signed: and nder the circ mstances in this partic lar case were satisfied, and so hold, that what took place before the j stice of the peace on this occasion amo nted to a legal marriage.

1he j dgment of the co rt below ac- itting the defendant of the complaint is affirmed, with the costs of this instance against the appellant.