OVER CLAIM OF FAKE MARRIAGE SOLEMNIZATION

THE Supreme Court has acquitted former Pozorrubio Mayor Artemio Que Chan of falsifying a marriage certificate, overturning a 2022 Sandiganbayan ruling that found him guilty of falsely claiming to have solemnized a wedding.

In a decision dated July 14, 2025, the High Tribunal ruled that the prosecution failed to prove that Chan did not perform the legally operative act of marriage solemnization. It stressed that under the law, the “proceeding” in question refers strictly to the moment the officiant elicits consent from the couple and declares them husband and wife.

Chan, in his judicial affidavit, said he personally asked the couple to affirm their consent and pronounced them married before leaving the ceremony because of a family emergency. The Court held that this already constituted the essential act of solemnization.

While the Sandiganbayan relied on testimonies from wedding sponsors and a photo showing Kelvin Tong Chan giving marital advice, the SC said these symbolic gestures did not amount to legal solemnization and were insufficient to disprove Chan’s claim.

The ruling emphasized the absence of malicious intent on Chan’s part, noting that good faith negates criminal liability. It also upheld the presumption of regularity in public documents, saying Chan’s entries in the marriage certificate should stand unless convincingly rebutted.

Finding the prosecution’s evidence lacking, the SC ruled that reasonable doubt favored the former mayor. It ordered the cancellation and return of Chan’s posted bail bond. (Eva Visperas)