Case 4 - PFR

ARSENIO DE LORIA and RICARDA DE LORIA, PETITONERS
v.s.
FELIPE APELAN FELIX, RESPONDENT
G.R. No. L-9005, JUNE 20, 1958
J. BENGZON
FACTS:
Matea de la Cruz and Felipe Apelan Felix lived together as wife and husband at Pasay City. They
acquired properties but had no children. When Matea got critically ill, Carmen Ordiales and Judith
Vizcarra, who are of legal age and committed to God's service, came to see her and encouraged her to
go to confession. Carmen and Judith called Fr. Gerardo Bautista to perform the Sacrament of
Confession. When Fr. Gerardo discovered that Matea and Felipe had been living together without the
benefit of marriage, he asked if they wanted to certify their union according to Church rites, to which
both Matea and Felipe agreed. Fr. Gerardo performed the Sacrament of Confession, Communion, and
Extreme Unction. Then, he solemnized the marriage of Matea and Felipe in articulo mortis (at the
moment of death) with Carmen and Judith as sponsors or witnesses on January 29 or 30, 1945.
Few months after the marriage, Matea recovered from illness. However, in January 1946, Matea
died. On May 12, 1952, Arsenio de Loria and Ricarda de Loria, the grandchildren of Matea’s sister, filed a
complaint to compel Felipe to deliver the properties left by Matea, claiming that they are her only
surviving heirs. Felipe Felix contested the action, invoking his widower's rights.
Arsenio and Ricarda contested the legality of the marriage under review, given the fact that no
marriage contract was signed by Matea and Felipe, Fr.Gerardo Bautista, and Carmen and Judith. Also, no
affidavit nor record was registered in the local civil registry. The Court of First Instance ruled in favor of
Arsenio de Loria and Ricarda de Loria. Consequently, Felipe Felix filed an appeal to the Court on Appeals.
ISSUE:
Whether or not the marriage in articulo mortis between Matea de la Cruz and Felipe Apelan Felix is
valid.
RULING:
Yes, the marriage in aticulo mortis is valid. According to the Section 1 of Marriage Law of 1929 (now
Article 2 of The Family Code of the Philippines), legal capacity of the contracting parties and their
consent are the essential requirements of marriage. Further, Section 7 of Marriage Law of 1929 (now
Article 3 of The Family Code) states that formal requisites of marriage that no marriage shall be
solemnized in the Philippines without license. However, as provided in Section 20 of Marriage Law (now
Article 27-29 on the Family Code), marriage may be solemnized without the necessity of a marriage
license if either or both of the contracting parties are at the point of death. For marriage in articulo
mortis, the solemnizing officer shall state in an affidavit made before the local civil registrar or any
person authorized by law that the marriage was performed in articulo mortis. Section 27 of Act 3613
also provided that in cases of failure to comply with formal requirements, “No marriage shall be
declared invalid because of the absence of one or several of the formal requirements of this Act if, when
it was performed, the spouses or one of them believed in good faith that the person who solemnized
the marriage was actually empowered to do so, and that the marriage was perfectly legal.”
In the issue at hand, though no marriage contract was signed by the wedded couple, the priest,
and the witnesses, failure to sign the marriage contract will not render the marriage invalid because it is
not one of the essential nor formal requisites. Since, Matea, being critically ill and might die at any
moment during the time of marriage, marriage may be solemnized without the necessity of the
marriage license and only affidavit which failed to file by Fr. Gerardo is required. Non-compliance with
this formal requirement will not deemed the marriage invalid. If marriage solemnized without license is
not voidable, thus, lack of such affidavit should not also be voidable. Therefore, the Court of Appeals
held the marriage of Matea and Felipe valid.

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ARSENIO DE LORIA and RICARDA DE LORIA, PETITONERS

G.R. No. L-9005, JUNE 20, 1958

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