Trinidad v. CA 289 SCRA 189

Facts

Arturio Trinidad claims to be the son of Inocentes Trinidad, who together with Felix and Lourdes, his

siblings, are heirs to four parcels of land of their deceased father. He presented the following evidence.

a. testimony of Gerardo that Inocentes and his wife cohabited and had a child

b. testimony of Meren that she was present in the marriage of Inocentes

c. His own baptismal certificate (his birth certificate had been destroyed)

d. Family pictures and his own testimony that he lived with Lourdes, until he got married.

Lourdes, the aunt of Inocentes, presented the following evidence to refute Arturio’s claims:

a. testimony of Briones that Inocentes was never married

b. her own testimony that Inocentes died childless and she claimed that Arturio was simply a

neighbor. She denied knowledge of the pictures Arturio presented, where she is shown holding the baby

of Arturio, together with Arturio and his wife.

Issue

Whether or not evidence of the marriage of Inocentes and Arturio’s filiation are sufficient.

Held

Yes. In the absence of a marriage certificate, any of the four can be sufficient proof of marriage: fact of

marriage ceremony, open cohabitation of the parties, birth certificate of the child, and other

documents. Arturio presented the first 3. For filiation, when the birth certificate can’t be produced,

other evidence like the baptismal certificate, is admissible. Use of surname without objection is also

presumptive evidence of legitimacy.