Navarro v Domagtoy Notes

- 2 complaints:
o Respondent judged solemnized a wedding despite the groom being
merely separated from his first wife
o Judge solemnized a wedding in his residence in Dapa which is not
within his jurisdictional area of Sta. Monica and Burgos (40-45 km
away)
- Resp says that office and name of Municipal Mayor of Dapa (pet) have been
used by the mayors lackey and is overly concerned w/ his actuations as
judge and as a private person
- Resp seeks exculpation from the 2 charges:
o He merely relied on the Affidavit issued by Municipal Trial Judge of
Basey, Samar, confirming the fact that groom and his 1st wife havent
seen each other for 7 years
o He did not violate Art 7, and that Art. 8 applies to the case in question
- No investigations since pleadings were sufficient for resolution

ISSUE:
1. WON resp judge erred in solemnizing marriage of Tagadan and his 2nd wife
2. WON resp judge committed misconduct in solemnizing marriage not within
his jurisdiction

HELD:
1. YES
a. Although first wife hasnt been seen in 7 yrs, Art. 41 was violated
i. There must be a summary proceeding for the declaration of
presumptive death in order to contract a subsequent
marriage
ii. Absent this judicial declaration, he is still married
iii. He is therefore committing bigamy and therefore 2nd
marriage is void
2. YES
a. Although Art. 8 is being cited the written request presented was made
only by one party wherein the provision requires both
i. This, however, does not invalidate the marriage BUT may
subject the official to administrative liability

Legal Basis:

Article 41 of the Family Code expressly provides:

A marriage contracted by any person during the subsistence of a previous

marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present had a well-founded belief that
the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions
of Articles 391 of the Civil Code, an absence of only two years shall be
sufficient.

For the purpose of contracting the subsequent marriage under the

preceding paragraph, the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance of
the absent spouse.

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and

(3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of
legal age.

Art. 7. Marriage may be solemnized by : (1) Any incumbent member of

the judiciary within the court's jurisdiction;

Art. 8. The marriage shall be solemnized publicly in the chambers the

judge or in open court, in the church, chapel or temple, or in the office of
the consul-general, consul or vice-consul, as the case may be, and not
elsewhere, except in cases of marriages contracted on the point of death
or in remote places in accordance with Article 29 of this Code, or where
both parties request the solemnizing officer in writing in which case the
marriage may be solemnized at a house or place designated by them in a
sworn statement to that effect.