Facts:Dapa, Surigao del Norte Municipal Mayor Rodolfo G. Navarro filed charges against Municipal Circuit Trial Court Judge Hernando Domagtoy for gross misconduct and inefficiency in office and ignorance of the law. He solemnized the wedding of Tagadan & Borga despite knowing that Tagadan (groom) was merely separated from his wife. He presumed that Tagadan’s first wife was already dead because Tagadan has not seen her for seven years. Presumption was made without the requisite summary proceeding. Second instance was when he performed marriage ceremony between Sumaylo & del Rosario in Dapa, which is outside his jurisdiction.
ISSUE:
WON judge acted with gross misconduct in these instances?
HELD:
Yes. Suspended for six months.
RATIO:
1. First marriage is bigamous. Presumption of death for purposes of marriage needs a summary proceeding (Art. 41 FC). Affidavits saying that Tagadan’s wife has not been heard of for almost seven years are not sufficient proof. 2. Second marriage is beyond judge’s jurisdiction. Marriage can only be held outside a judge’s chamber or courtroom if: (a) at the point of death (b) in remote places (c) request of both parties in writing & sworn statement (Art. 8 FC). Sumaylo & del Rosario were not under any of these conditions. Only appellate and SC justices have jurisdiction over entire country. Judges with specific jurisdictions can only officiate within those areas.
Source:
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