5/4/2021
E-Library - Information At Your Fingertips: Printer Friendly
"(b)
In case of a judgment or final order against a person, the judgment or final
order is presumptive evidence of a right as between the parties and their successors in
interest by a subsequent title.
"In either case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or
fact."
[50] In passing, we note that the absence of the said certificate is merely an irregularity
in complying with the formal requirement for procuring a marriage license. Under
Article 4 of the Family Code, an irregularity will not affect the validity of a marriage
celebrated on the basis of a marriage license issued without that certificate. (Vitug,
Compendium, pp. 120-126; Sempio-Diy, Handbook on the Family Code of the
Philippines, 1997 reprint, p. 17; Rufus Rodriguez, The Family Code of the Philippines
Annotated, 1990 ed., p. 42; Melencio Sta. Maria Jr., Persons and Family Relations Law,
1999 ed., p. 146.)
[51] Records, pp. 1-3.
[52] Ibid., p. 4.
[53] Id., p. 5.
[54] Id., p. 180.
[55] Id., pp. 170-171.
[56] Id., pp. 84-89.
[57] Id., pp. 181-182.
[58] Id., pp. 40-41.
[59] Id., p. 183.
[60] Id., pp. 184-187.
Source: Supreme Court E-Library
This page was dynamically generated by the E-Library Content Management System (E-LibCMS)
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52783
13/13