Bigornia de Cardenas v. Cardenas

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-8218        December 15, 1955

EULOGIA BIGORNIA DE CARDENAS, plaintiff-appellee,
vs.
LEONCIO CARDENAS and FLORENCIA RIÑEN, defendants-appellants.

Sixto Brillantes for appellants.
Sayo, Sobrepena & Bringas for appellee.

PADILLA, J.:

This is an action to annul the marriage entered into by and between Leoncio Cardenas and Florencia Rinen upon the ground that when said marriage was entered into on April 1948, the plaintiff to whom he had been married on 10 July 1927 was still alive.

In their answer the defendants plead that they have no knowledge or information as to the marriage performed by Minister George W. Wright on 10 July 1927 uniting Leoncio Cardenas and Eulogia Bigornia as husband and wife, nor as to the authority of the minister to solemnize the marriage; tha Leoncio Cardenas and Eulogia Bigornia lived together for sometime, he believing that he and she had a common home; that the defendant Florencia Rinen married Leoncio Cardenas in the honest belief and conviction that both parties were capable of entering into a valid marriage. Upon these allegations they pray that the complaint be dismissed with costs.

On the date set for the hearing of the case the parties submitted the following stipulation of facts:

Come now the plaintiff and the defendants, duly assisted by their respective attorneys, in the above-entitled case and to this Honorable Court respectfully submit the following —

STIPULATION OF FACTS

1. That plaintiff and defendant Leoncio Cardenas were married at Malate, Manila on July 10, 1927, before Minister George W. Wright, as evidenced by the original marriage contract marked as Exhibit A for the plaintiff.

2. That defendants Leoncio Cardenas and Florencia Rinen were married at Badoc, Ilocos Norte, on April 10, 1948, before Justice of the Peace Vicente R. Campos, as evidenced by a certification issued by the Municipal Treasurer of said municipality and dated July 27, 1951, marked as Exhibit B for the plaintiff;

3. That defendant Leoncio Cardenas admitted in his sworn affidavit dated August 17, 1945, and marked as Exhibit C for the plaintiff that he was legally married to Eulogia Bigornia on July 10, 1927, at Malate, Manila, before Rev. George W. Wright, minister;

4. That the U.S. Veterans Administration found from the records on file in said office that Eulogia Bigornia de Cardenas is the legal wife of Leoncio Cardenas, as evidenced by the letter of Orvile A. Bobcock, Chief, Registration Section, Vocational, Rehabilitation and Education Division of said U. S. Veterans Administration, dated March 11, 1952, and marked as Exhibit D for the plaintiff;

5. That there has been no divorce, separation, dissolution or annulment of the marriage between the plaintiff and defendant Leoncio Cardenas up to the present; and

6. That the authorization of Rev. George W. Wright to solemnize marriage does not appear in the records of the Bureau of Public Libraries, as evidenced by Exhibit 1-A for the defendants; the said minister is no longer at his residence as mentioned in the marriage contract, Exhibit a, as evidenced by the fact that Exhibits 2 and 2-A were returned to sender; and that the office of the Local Civil Registrar of the City of Manila has no record of the marriage license of plaintiff and defendant Leoncio Cardenas, as evidenced by Exhibit 3 of the defendants.

Wherefore, plaintiff and defendants respectfully pray that judgment be rendered based on the above stipulation of facts, without-special pronouncements as to costs.

Parties ask 10 days from today to file their respective memoranda.

Manila, Philippines, October 7, 1952.

(Sgd.) EULOGIA BIGORNIA DE Plaintiff

(Sgd.) LEONCIO CARDENASCARDENAS Defendant (Sgd.) FLORENCIA RINEN Defendant