Petitioners: Maria Del Rosario Mariategui

Respondents: Court of Appeals, Jacinto, Julian and Paulina

Marriages Except from License Requirement

Mariategui v. Court of Appeals

G.R. No. 57062, January 22, 1992

Facts:
A petition for review on certiorari of the decision of the Court of Appeals dated December 24, 1980
reversing the judgment of the Court of Instance of Rizal, Pasig, Metro Manila.

Lupo Mariategui died without a will on June 26, 1953. During his lifetime, he contracted three
marriages.

His first wife was Eusebia Montellano who died on November 8, 1904. They have four children
namely: Baldomera, Maria del Rosario, Urbana and Ireneo.

His second wife was Flaviana Montellano, he begot a daughter named Cresenciana who was born on
May 8, 1910.

In 1930, he got married with his third wife, named Felipa Velasco. They had three children, namely:
Jacinto, Julian, and Paulina.

When he was still unmarried, he acquired properties Lots Nos. 163, 66, 1346 and 156 of the
Muntinlupa Estate, which at the time of his death, these certain properties were left.

On 1967, Lupos decendants by his marriage in first and second executed a deed of extrajudicial
partition of lot 163. The land registration court issued a decree ordering the registration of the lot.
Thus, transfer certificates of title were issued to respective parties on 1971.

On 1973, Lupos children by his third marriage filed with the lower court praying for the partition of the
estate and annulment of deed extrajudicial partition. The defendants (now petitioners) filed motion to
dismiss on the grounds of lack of cause of action and prescription. The court ruled in favor of the
children in the first and second wife.

On 1980, Lupos children by his third marriage elevated the case in the Court of Appeals and thus
reversing the decision of the lower court, as they are entitled to equal shares of the estate.

Issue: Whether or not children in the third marriage were able to prove their successional rights over
said estate

Ruling: Yes. Lupo Mariategui and Felipa Velasco were alleged to have been lawfully married in or
about 1930. This fact is based on the declaration communicated by Lupo Mariategui to Jacinto who
testified that his father and his mother were able to get married before a Justice of the Peace of
Taguig, Rizal. Also, the spouses deported themselves as husband and wife, and were known in the
community. Although no marriage certificate was introduced, no evidence was likewise offered to
controvert these facts. Moreover, the mere fact that no record of the marriage exists does not
invalidate the marriage, provided all requisites for its validity are present. It was held that private
respondents are legitimate children and heirs. The petition was denied and decision of the Court of
Appeals was affirmed entitling equal shares of the estate.