Facts:
Mercedita and Dominador applied for a marriage license in the local Civil Registrar of their town in Nabua, Camarines Sur but they did not claimed it. They just asked their mutual friend, Juan to arrange the wedding and look for a judge who could solemnize their marriage. On February 15, 2000, Juan requested Judge Occiano, MTC Judge of Balatan, Camarines Sur, to solemnize the marriage of the two on February 17, 2000. Juan assured the judge that all the marriage documents were complete. So Judge Occiano agreed to solemnize the marriage in his sala.
However, on 17 February 2000, Juan informed Judge Occiano that Dominador had a difficulty walking and could not stand the rigors of travelling to Balatan which is located almost 25 kilometers from his residence in Nabua. Juan then requested if Judge Occiano could solemnize the marriage in Nabua, to which request he acceded.
Before he started the ceremony, Judge Occiano carefully examined the documents submitted to him. When he discovered that the parties did not possess the requisite marriage license, he refused to solemnize the marriage and suggested its resetting to another date. However, due to the earnest pleas of the parties, the influx of visitors, and the delivery of provisions for the occasion, he proceeded to solemnize the marriage out of human compassion. He also feared that if he reset the wedding, it might aggravate the physical condition of Dominador who just suffered from a stroke. After the solemnization, he reiterated the necessity for the marriage license and admonished the parties that their failure to give it would render the marriage void. Mercedita and Dominador assured Judge Occiano that they would give the license to him in the afternoon of that same day. When they failed to comply, the judge followed it up with Juan who promised to deliver it to his sala.
Mercedita and Dominador started living together as husband and wife until the latter passed away. Mercedita tried to claim her right to inherit the vast properties of Dominador as the surviving spouse. But no record of their marriage could be found in the NSO nor in the local civil registrar of Nabua. So Mercedita did not inherit anything. She was even deprived of receiving the pension of Dominador as a retired Navy Official. Out of rage, Mercedita filed an administrative complaint against Judge Occiano, although she subsequently withdrew it after realizing that everything was due to her fault and shortcomings. The Office of the Court Administrator, however, found Judge Occiano guilty of solemnizing a marriage without a duly issued marriage license.
Mercedita and Dominador applied for a marriage license in the local Civil Registrar of their town in Nabua, Camarines Sur but they did not claimed it. They just asked their mutual friend, Juan to arrange the wedding and look for a judge who could solemnize their marriage. On February 15, 2000, Juan requested Judge Occiano, MTC Judge of Balatan, Camarines Sur, to solemnize the marriage of the two on February 17, 2000. Juan assured the judge that all the marriage documents were complete. So Judge Occiano agreed to solemnize the marriage in his sala.
However, on 17 February 2000, Juan informed Judge Occiano that Dominador had a difficulty walking and could not stand the rigors of travelling to Balatan which is located almost 25 kilometers from his residence in Nabua. Juan then requested if Judge Occiano could solemnize the marriage in Nabua, to which request he acceded.
Before he started the ceremony, Judge Occiano carefully examined the documents submitted to him. When he discovered that the parties did not possess the requisite marriage license, he refused to solemnize the marriage and suggested its resetting to another date. However, due to the earnest pleas of the parties, the influx of visitors, and the delivery of provisions for the occasion, he proceeded to solemnize the marriage out of human compassion. He also feared that if he reset the wedding, it might aggravate the physical condition of Dominador who just suffered from a stroke. After the solemnization, he reiterated the necessity for the marriage license and admonished the parties that their failure to give it would render the marriage void. Mercedita and Dominador assured Judge Occiano that they would give the license to him in the afternoon of that same day. When they failed to comply, the judge followed it up with Juan who promised to deliver it to his sala.
Mercedita and Dominador started living together as husband and wife until the latter passed away. Mercedita tried to claim her right to inherit the vast properties of Dominador as the surviving spouse. But no record of their marriage could be found in the NSO nor in the local civil registrar of Nabua. So Mercedita did not inherit anything. She was even deprived of receiving the pension of Dominador as a retired Navy Official. Out of rage, Mercedita filed an administrative complaint against Judge Occiano, although she subsequently withdrew it after realizing that everything was due to her fault and shortcomings. The Office of the Court Administrator, however, found Judge Occiano guilty of solemnizing a marriage without a duly issued marriage license.
Issue:
Is Judge Occiano guilty of solemnizing a marriage without a duly issued marriage license and conducting it outside his territorial jurisdiction?
Held:
Yes. The territorial jurisdiction of the judge is limited to the municipality where his sala is located. Judge Occiano's act of solemnizing the marriage of Mercedita and Dominador in Nabua, Camarines Sur therefore is contrary to law and subjects him to administrative liability. His act may not amount to gross ignorance of the law for he allegedly solemnized the marriage out of human compassion but nonetheless, he cannot avoid liability for violating the law on marriage.
Respondent judge should also be faulted for solemnizing a marriage without the requisite marriage license. A marriage which preceded the issuance of the marriage license is void, and that the subsequent issuance of such license cannot render valid or even add an iota of validity to the marriage. Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. Respondent judge did not possess such authority when he solemnized the marriage of petitioner. In this respect, respondent judge acted in gross ignorance of the law.
Respondent judge is fined P5,000.00 pesos with a STERN WARNING that a repetition of the same or similar offense in the future will be dealt with more severely. (Mercedita M. Areñas vs. Judge Salvador M. Occiano, A.M. No. MTJ-02-1390, April 11, 2002)
Respondent judge should also be faulted for solemnizing a marriage without the requisite marriage license. A marriage which preceded the issuance of the marriage license is void, and that the subsequent issuance of such license cannot render valid or even add an iota of validity to the marriage. Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. Respondent judge did not possess such authority when he solemnized the marriage of petitioner. In this respect, respondent judge acted in gross ignorance of the law.
Respondent judge is fined P5,000.00 pesos with a STERN WARNING that a repetition of the same or similar offense in the future will be dealt with more severely. (Mercedita M. Areñas vs. Judge Salvador M. Occiano, A.M. No. MTJ-02-1390, April 11, 2002)
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