Professional Documents
Culture Documents
In Re Marriage of Antonia Medina and Gil Medina - Peralta
In Re Marriage of Antonia Medina and Gil Medina - Peralta
Summary: Gil contracted a marriage with respondent Virginia in the Philippine Consulate in
Saipan, CNMI. He subsequently contracted a second marriage with Antonia in the FSM. When
Gil died, arrangements were made for him to be cremated. However, Virginia disagreed, wanting
the body to be repatriated to and buried in the Philippines instead. She asserted the validity of her
marriage to Gil as a ground for her right to dispose of the body. Antonia filed a petition for
declaratory relief.
Doctrine The validity of marriages performed by foreign consuls depends on local laws. The
marriage ceremony between Gil and Virginia was not legally enforceable in the CNMI because
the authorizing official was not the governor or the mayor, and because the document was not
registered with the Clerk of Court in compliance with CNMI Statutory Law.
Facts:
Petition for declaratory relief regarding the validity of marriage between the decedent Gil
Medina and respondent Virginia Bonifacio (both Filipinos).
Gil and Virginia married in 1993 at the Philippine Consulate in Saipan, Commonwealth of
the Northern Marianas Islands (CNMI).
Virginia returned to the Philippines and gave birth to their first child. Gil remained in the
CNMI, returning to the Philippines only for brief visits (twice in 1997, once in 2001, once
in 2017). They conceived a second child in 2001.
However, it appears that Gil married Antonia Medina in 1997 in the Federated States of
Micronesia (FSM). They resided in CNMI.
In 2017, Gil committed suicide. Arrangements were made for a funeral viewing and
cremation.
Virginia, however, is against the cremation of Gil’s body and would like it to be repatriated
back to the Philippines to be buried by herself and the 2 children she had with Mr.
Medina. She asserts that she is validly married to Gil and has the right to dispose of the
body as she chooses. She also asserts that his marriage to Antonia is invalid for failing to
comply with the Commonwealth Code.
Ruling:
Petition granted. Marriage between Gil and Virginia is invalid. Marriage between Gil and
Antonia is valid.