IN RE MARRIAGE OF ANTONIA MEDINA AND GIL MEDINA

Summary: Gil contracted a marriage with respondent Virginia in the Philippine Consulate in
Saipan, CNMI. He subsequently contracted a second marriage with Antonia in the FSM. When
Gil died, arrangements were made for him to be cremated. However, Virginia disagreed, wanting
the body to be repatriated to and buried in the Philippines instead. She asserted the validity of her
marriage to Gil as a ground for her right to dispose of the body. Antonia filed a petition for
declaratory relief.

Doctrine The validity of marriages performed by foreign consuls depends on local laws. The
marriage ceremony between Gil and Virginia was not legally enforceable in the CNMI because
the authorizing official was not the governor or the mayor, and because the document was not
registered with the Clerk of Court in compliance with CNMI Statutory Law.

Facts:
 Petition for declaratory relief regarding the validity of marriage between the decedent Gil
Medina and respondent Virginia Bonifacio (both Filipinos).
 Gil and Virginia married in 1993 at the Philippine Consulate in Saipan, Commonwealth of
the Northern Marianas Islands (CNMI).
 Virginia returned to the Philippines and gave birth to their first child. Gil remained in the
CNMI, returning to the Philippines only for brief visits (twice in 1997, once in 2001, once
in 2017). They conceived a second child in 2001.
 However, it appears that Gil married Antonia Medina in 1997 in the Federated States of
Micronesia (FSM). They resided in CNMI.
 In 2017, Gil committed suicide. Arrangements were made for a funeral viewing and
cremation.
 Virginia, however, is against the cremation of Gil’s body and would like it to be repatriated
back to the Philippines to be buried by herself and the 2 children she had with Mr.
Medina. She asserts that she is validly married to Gil and has the right to dispose of the
body as she chooses. She also asserts that his marriage to Antonia is invalid for failing to
comply with the Commonwealth Code.

Issues and Held:

 WoN a marriage ceremony performed in a foreign consulate, not in compliance with local
law, is valid and enforceable by the local Court-
o Pet: Since CNMI statute was not followed, the marriage ceremony between
Virginia and Gil did not create a valid marriage.
o Resp: Gil and Virginia were not required to comply with local law because the
consulate is a sovereign territory, and their marriage was presumptively legal in
the Philippines.
Failure to Comply with Local Marriage Law Invalidates a Marriage
 If local law dictates compliances with certain formalities as essential, failure to meet these
requirements will be detrimental to the recognition of the marriage elsewhere.
 In the case at bar, the parties were both of age (18), but there is no evidence that they
complied with requirements set forth by the local law, such as the issuance by of a
marriage license by the CNMI Mayor or Governor, and the recording of the marriage
license or certificate with the Clerk of Court.
 The failure to comply with CNMI marriage statutes is fatal to the validity of the marriage.
Virginia’s argument that since the marriage was performed in the Philippine Consulate, it
need only comply with Philippine law, and not local CNMI laws, is unpersuasive.
International Treaties Governing Consulates Requires Compliance with Local Laws
 The validity of marriages performed by foreign consuls depends on local laws.
 Vienna Convention on Consular Relations (to which both the US and the PH are
signatories): consular officers may act as notary and civil registrar and in capacities of a
 similar kind, and perform certain functions of an administrative nature, provided there is
nothing contrary thereto in the laws and regulations of the receiving state.
 NCC: All marriages performed outside the Philippines in accordance with the laws in
force in the country where they were performed, and valid there as such, shall also be
valid in this country; forms and solemnities of contracts, wills, and other public
instruments shall be governed by the country in which they are executed.
 In the case at bar, CNMI law is applicable, being the place of celebration. Gil and Virginia
failed to comply with the mandatory requirements of license and registration of CNMI.
This failure created an invalid marriage.
In the Case of Marriages, the Philippine Consulate is not Foreign Soil
 Virginia’s argument that the Philippine Consulate is in fact foreign soil and as such is
subject to sovereign immunity is incorrect because for policy reasons, a sovereign
country cannot simply give a piece of their country to another sovereign power and
remain sovereign.
 Consular Convention between the US and the PH: all documents that can be executed
by consuls should have been drawn and executed in conformity with the laws and
regulations of the country where they were designed to take effect.
o From the testimony of the parties, evidence presented in court, and the very
existence of this matter presented before this court, it is clear that Gil and Virginia
intended for their marriage to have effect in the US.
Under Philippine Law the Marriage is Considered Invalid
 Assuming arguendo that Philippine law applies, the marriage would still not be valid.
 While Philippine Consular Officers are authorized to solemnize marriages between 2
Filipinos of states under the jurisdiction of the Embassy/Consulate General, they are not
allowed to issue licenses.
 The requisite is that it be issued by the local civil registrar of the municipality where the
contracting parties habitually reside, except in cases of marriages of an exceptional
character. There is no evidence that a marriage license was issued by the local civil
registrar. The marriage cannot be considered as one of an exceptional character given
that Saipan is a very small island with many highways and avenues of communication.
They would have had plenty of opportunity to obtain a marriage license in compliance
with law if they desired.

Ruling:
 Petition granted. Marriage between Gil and Virginia is invalid. Marriage between Gil and
Antonia is valid.