FACTS: Petitioner
Mercedita Mata charged respondent judge with Gross Ignorance of the Law for
solemnizing the marriage between her and Dominador B. Orobia without the
requisite marriage license. Because their marriage was nulled, her right to
inherit the vast properties left by Orobia and her entitlement for a pension
was not granted. Judge Occiano averred that before starting the ceremony, he
examined the documents submitted to him by the petitioner and he discovered
that the parties did not possess a marriage license so he refused to solemnize
the marriage. However, due to the earnest pleas of the parties, he proceeded to
solemnize the marriage out of human compassion. After the solemnization,
respondent reiterated the need for the marriage license and admonished the
parties that their failure to give it would render the marriage void.
Petitioner and Orobia assured the respondent that they would give the license
to him, but they never did.
ISSUE: Whether or not
respondent’s guilty of solemnizing a marriage without a marriage license and
outside his territorial jurisdiction.
HELD: Yes. Respondent
judge did not possess such authority when he solemnized the marriage of the
petitioner because he officiated the marriage outside his jurisdiction and
knowing that the documents submitted to him lacked marriage license.
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