FACTS: Navarro is the
Municipal Mayor of Dapa, Surigao del Norte. He submitted evidence in relation
to two specific acts committed by Municipal Circuit Trial Court Judge Hernando
Domagtoy, which exhibit his gross misconduct as well as inefficiency 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. Domagtoy
claimed that he merely relied on an affidavit sworn before another judge,
attesting that Tagadan’s wife has been absent for seven years. Second, it is
alleged that he performed a marriage ceremony between Floriano Dador Sumaylo
and Gemma G. del Rosario outside his court’s jurisdiction on October 27, 1994.
Domagtoy asserted that he solemnized the marriage outside of his jurisdiction
upon the request of the parties.
ISSUE: Whether or not
Domagtoy acted without jurisdiction.
HELD: Domagtoy’s
defense is untenable and he did display gross ignorance of the law. Tagadan did not institute a summary
proceeding for the declaration of his first wife’s 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 ignorance of the law has resulted in a
bigamous, and therefore void, marriage. On the second issue, the request to
hold the wedding outside Domagtoy’s jurisdiction was only done by one party,
the bride NOT by both parties. More importantly, under Art 7 of FC, marriage
may be solemnized by, “any incumbent member of the judiciary within the court’s
jurisdiction.” Article 8, which is a directory provision, refers 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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