Facts:

Federic Bustamante married Maria Perez in August 1954. In September 1955, while the first marriage was still subsisting, he contracted a second marriage with Demetria Tibayan, solemnized before Vice-Mayor Nato of Mapandan, Pangasinan, who was then acting as Mayor of the said Municipality since the incumbent mayor was on leave of absence. Federic dwelt with Demetria for about a month, after which a time he returned to live with Maria. In the course of her search for him, Demetria discovered the previous marriage of Federic. Hence, Demetria filed a case for bigamy against Federic.

Federic contended that there could not have been a second marriage to speak of, as Nato was merely acting as mayor when he celebrated the same, hence, without authority of law to do so. He laid stress on the distinction between “Acting Mayor” and “Vice Mayor acting as Mayor”, urging that while the former may solemnize marriages, the latter could not. The trial court convicted Federic of the crime. 


Issue:

Was the second marriage valid? Has the Vice Mayor Nato the authority to solemnize marriage?


Held:

Yes, the marriage was valid and Vice Mayor Federico Nato, acting as mayor, has the authority to solemnize the marriage. When the issue involves the assumption of powers and duties of the office of the mayor by the vice-mayor, when proper, it is immaterial whether it because the latter is the Acting Mayor or merely acting as Mayor, for in both instances, he discharges all the duties and wields the power appurtenant to said office. This instance does not involve a question of title to the office, but the performance of the functions thereunto appertaining by one who is admitted to be temporarily vested with it. The powers and duties of the Mayor devolve upon the Vice-Mayor whenever the latter is in an acting capacity. (People vs. Bustamante, G.R. No. L-11598, January 27, 1959)