Navarro v. Domagtoy, A.M.No.

MTJ-96-1088, July 19, 1996

FACTS: Navarro is the Municipal Mayor of Dapa, Surigao del Norte. He submitted e
vidence in relation to two specific acts committed by Municipal Circuit Trial Co
urt Judge Hernando Domagtoy, which exhibit his gross misconduct as well as ineff
iciency in office and ignorance of the law. First was on September 27, 1994 when
respondent judge solemnized the wedding between Gaspar Tagadan and Arlyn Borga,
despite the knowledge that the groom is merely separated from his first wife. D
omagtoy claimed that he merely relied on an affidavit sworn before another judge
, attesting that Tagadans wife has been absent for seven years. Second, it is all
eged that he performed a marriage ceremony between Floriano Dador Sumaylo and Ge
mma G. del Rosario outside his courts jurisdiction on October 27, 1994. Domagtoy
asserted that he solemnized the marriage outside of his jurisdiction upon the re
quest of the parties.
ISSUE: Whether or not Domagtoy acted without jurisdiction.
HELD: Domagtoys defense is untenable and he did display gross ignorance of the la
w. Tagadan did not institute a summary proceeding for the declaration of his fi
rst wifes presumptive death rendering his marriage to his first wife subsisting.
Whether wittingly or unwittingly, it was manifest error on the part of Domagtoy
to have accepted the joint affidavit submitted by the groom. Such neglect or ign
orance of the law has resulted in a bigamous, and therefore void, marriage. On t
he second issue, the request to hold the wedding outside Domagtoys jurisdiction w
as only done by one party, the bride NOT by both parties. More importantly, unde
r Art 7 of FC, marriage may be solemnized by, any incumbent member of the judicia
ry within the courts jurisdiction. Article 8, which is a directory provision, refe
rs only to the venue of the marriage ceremony and does not alter or qualify the
authority of the solemnizing officer as provided in the preceding provision. Non
-compliance herewith will not invalidate the marriage.
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Presumptive Death - Family Code
Navarro is the Municipal Mayor of Dapa, Surigao del Norte. He has submitted evid
ence in relation to two specific acts committed by Municipal Circuit Trial Court
Judge Hernando Domagtoy, which, he contends, exhibits gross misconduct as well
as inefficiency in office and ignorance of the law. First, on September 27, 1994
, respondent judge solemnized the wedding between Gaspar Tagadan and Arlyn Borga
, despite the knowledge that the groom is merely separated from his first wife.
Domagtoy claimed that he merely relied on an affidavit acknowledged before him a
ttesting that Tagadans wife has been absent for seven years. The said affidavit w
as alleged to have been sworn to before another judge. Second, it is alleged tha
t he performed a marriage ceremony between Floriano Dador Sumaylo and Gemma G. d
el Rosario outside his courts jurisdiction on October 27, 1994. Domagtoy counters
that he solemnized the marriage outside of his jurisdiction upon the request of
the parties.
ISSUE: Whether or not Domagtoy acted without jurisdiction.
HELD: Domagtoys defense is not tenable and he did display gross ignorance of the
law. Tagadan did not institute a summary proceeding for the declaration of his
first wifes presumptive death. Absent this judicial declaration, he remains marri
ed to Ihis former wife. Whether wittingly or unwittingly, it was manifest error
on the part of Domagtoy to have accepted the joint affidavit submitted by the gr
oom. Such neglect or ignorance of the law has resulted in a bigamous, and theref
ore void, marriage. On the second issue, the request to hold the wedding outside
Domagtoys jurisdiction was only done by one party, the bride NOT by both parties
. More importantly, the elementary principle underlying this provision is the au
thority of the solemnizing judge. Under Article 3, one of the formal requisites
of marriage is the authority of the solemnizing officer. Under Article 7, marriage
may be solemnized by, among others, any incumbent member of the judiciary within
the courts jurisdiction. Article 8, which is a directory provision, refers only t
o the venue of the marriage ceremony and does not alter or qualify the authority
of the solemnizing officer as provided in the preceding provision. Non-complian
ce herewith will not invalidate the marriage.