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    SIGA Vs CERCADO

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    Michael James Madrid Malingin
    The document summarizes a case regarding a land dispute between petitioners who claim to be the legitimate children and heirs of Vicente and Benita Castillo, and respondents who claim to be the legitimate heirs of Vicente and Leonora. The petitioners presented a marriage contract between Vicente and Benita to prove the legitimate marriage, while respondents presented a marriage certificate between Vicente and Leonora. The court ruled that the marriage contract is a private document and its authenticity must be proved according to the rules of evidence. While the contract is over 30 years old, it does not satisfy the requirement of coming from proper custody, as it was not found in the place it would reasonably be expected.

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    SIGA Vs CERCADO

    Uploaded by

    Michael James Madrid Malingin
    246 views1 page
    The document summarizes a case regarding a land dispute between petitioners who claim to be the legitimate children and heirs of Vicente and Benita Castillo, and respondents who claim to be the legitimate heirs of Vicente and Leonora. The petitioners presented a marriage contract between Vicente and Benita to prove the legitimate marriage, while respondents presented a marriage certificate between Vicente and Leonora. The court ruled that the marriage contract is a private document and its authenticity must be proved according to the rules of evidence. While the contract is over 30 years old, it does not satisfy the requirement of coming from proper custody, as it was not found in the place it would reasonably be expected.

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    SIGA vs CERCADO

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    The document summarizes a case regarding a land dispute between petitioners who claim to be the legitimate children and heirs of Vicente and Benita Castillo, and respondents who claim to be the legitimate heirs of Vicente and Leonora. The petitioners presented a marriage contract between Vicente and Benita to prove the legitimate marriage, while respondents presented a marriage certificate between Vicente and Leonora. The court ruled that the marriage contract is a private document and its authenticity must be proved according to the rules of evidence. While the contract is over 30 years old, it does not satisfy the requirement of coming from proper custody, as it was not found in the place it would reasonably be expected.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    246 views1 page

    SIGA Vs CERCADO

    Uploaded by

    Michael James Madrid Malingin
    The document summarizes a case regarding a land dispute between petitioners who claim to be the legitimate children and heirs of Vicente and Benita Castillo, and respondents who claim to be the legitimate heirs of Vicente and Leonora. The petitioners presented a marriage contract between Vicente and Benita to prove the legitimate marriage, while respondents presented a marriage certificate between Vicente and Leonora. The court ruled that the marriage contract is a private document and its authenticity must be proved according to the rules of evidence. While the contract is over 30 years old, it does not satisfy the requirement of coming from proper custody, as it was not found in the place it would reasonably be expected.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    SIMPLICIA CERCADO-SIGA ET. AL., vs. VICENTE CERCADO, JR., ET.\ AL.

    G.R. No. 185374 March 11, 2015


    PEREZ, J.

    FACTS:
    In their Complaint against respondents and the Registrar of Deeds of Binangonan, Rizal,
    petitioners claimed that they are the legitimate children of the late Vicente and Benita Castillo
    (Benita), who were married in 1929. Petitioners alleged that during the lifetime of their parents,
    their father acquired by gratuitous title a parcel of land and that upon the death of their parents
    and by virtue of intestate succession, ownership over the subject land pertained to them as heirs.
    Thereafter, petitioners read from a newspaper a notice that the estate of Vicente and a certain
    Leonora Ditablan has been extrajudicially settled by their heirs, respondents herein. Petitioners
    insist that Vicente and Leonora were not married or if they were so married, then said marriage
    was null and void by reason of the subsisting marriage of their parents, Vicente and Benita. To
    prove the marriage between Vicente and Benita, petitioners presented a marriage contract,
    among others. Likewise, respondents alleged that they are the legitimate heirs of Vicente and
    Leonora, who were married on 27 June 1977 as evidenced by a marriage certificate registered
    with the Local Civil Registrar of Binangonan, Rizal.

    ISSUE:
    Whether the subject marriage contract is a public or private document

    RULING:
    The marriage contract is a private document. As early as in the case of U.S. v. Evangelista, it has
    been settled that church registries of births, marriages, and deaths are no longer public writings,
    nor are they kept by duly authorized public officials. They are private writings and their
    authenticity must therefore be proved as are all other private writings in accordance with the
    rules of evidence under Section 20, Rule 132.

    Next, while petitioners concede that the marriage contract is a private document, they now argue
    that it is an ancient document which need not be authenticated. Petitioners’ argument still has no
    merit. Section 21, Rule 132 defines an ancient document as one that: 1) is more than 30 years
    old; 2) is produced from custody in which it would naturally be found if genuine; and 3) is
    unblemished by any alteration or by any circumstance of suspicion. The marriage contract was
    executed on 9 October 1929, hence it is clearly more than 30-years old. On its face, there appears
    to be no evidence of alteration. The marriage contract however does not meet the second
    requirement. Ancient documents are considered from proper custody if they come from a place
    from which they might reasonably be expected to be found. Custody is proper if it is proved to
    have had a legitimate origin or if the circumstances of the particular case are such as to render
    such an origin probable. If a document is found where it would not properly and naturally be, its
    absence from the proper place must be satisfactorily accounted for.

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