Vda. De Chua vs. CA
G.R. No. 116835 March 5, 1998
Facts: From 1970 up to 1981, Roberto Chua lived out of wedlock with private respondent Florita A. Vallejo and they begot two sons. On 28 May 1992, Roberto Chua died intestate in Davao City.
On 2 July 1992, Vallejo filed with the Regional Trial Court of Cotabato City a petition for the guardianship and administration over the persons and properties of the two minors.
Petitioner Antonietta Garcia Vda. de Chua, representing to be the surviving spouse of Roberto Chua, filed a Motion to Dismiss on the ground of improper venue. Petitioner alleged that at the time of the decedent’s death, Davao City was his residence, hence, the Regional Trial Court of Davao City is the proper forum. In support of her allegation, petitioner presented the following documents: (1) photocopy of the marriage contract; (2) Transfer Certificate of Title issued in the name of Roberto L. Chua married to Antonietta Garcia, and a resident of Davao City; (3) Residence Certificates from 1988 and 1989 issued at Davao City indicating that he was married and was born in Cotabato City; (4) Income Tax Returns for 1990 and 1991 filed in Davao City where the status of the decedent was stated as married; and, (5) Passport of the decedent specifying that he was married and his residence was Davao City.
Vallejo contends that movant/oppositor Antonietta Chua is not the surviving spouse of the late Roberto L. Chua but a pretender to the estate of the latter since the deceased never contracted marriage with any woman until he died.
The trial court ruled that petitioner has no personality to file the motion not having proven his status as a wife of the decedent. The Order was appealed to the CA, but it decided in favor of herein respondents.
Issue: Was petitioner able to prove her marriage to Roberto L. Chua?
Held: No. The best proof of marriage between a man and wife is a marriage contract which petitioner failed to produce. The lower court correctly disregarded the Photostat copy of the marriage certificate which she presented, this being a violation of the best evidence rule, together with other worthless pieces of evidence. Transfer Certificates of Title, Residence Certificates, passports and other similar documents cannot prove marriage especially so when the private respondent has submitted a certification from the Local Civil Registrar concerned that the alleged marriage was not registered and a letter from the judge alleged to have solemnized the marriage that he has not solemnized said alleged marriage.
