Conclusive presumption

The best documentary evidence of a marriage is the marriage contract itself, freely and voluntarily signed by the parties after obtaining a marriage license.

- JOSE C. SISON

The marriage license and marriage certificate are official and public documents, so their validity cannot be successfully assailed except by strong, clear and convincing oral testimony as to the incapacity of one of the parties.

What is the test of incapacity of one of the parties? Is old age, or physical infirmities, feeblemindedness, weakness of memory or other eccentricities enough to show that incapacity? What is the effect of the marriage on the legitimacy of the children born before or after its celebration? These are the questions answered in this case of Mhar and Elena.

Mhar is a rich, old man who was already 76 years old when he started cohabiting with Elena, a young woman about half his age. During their cohabitation, they begot a son who was later baptized as Jonathan. Four years thereafter, Mhar and Elena decided to get married. Each of them obtained a marriage license, got married before a priest according to the rites of the Roman Catholic Church, then signed their marriage contract. A few weeks after their marriage however, Mhar died, although another son, Mark was still subsequently born about seven months after Mhar’s death.