Navarro vs.

Dumagtoy
Fact:
Petitioner, Mayor of Dapa, Surigao del Norte, filed the administrative case
against respondent, Judge Hernando Dumagtoy, which, he contends, exibits gross
misconduct as well as inefficiency in office and ignorance of the law.
Grounds for the charges against the respondent are, as filed by the
petitioner:
First, on September 27, 1994, respondent judge solemnized the wedding
between Gaspar A. Tagadan and Arlyn F. Borga, despite the knowledge that the
groom is merely separated from his first wife.
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. Respondent judge holds office and has jurisdiction in the
Municipal Circuit Trial Court of Sta. Monica-Burgos, Surigao del Norte. The
wedding was solemnized at the respondent judge's residence in the municipality
of Dapa, which does not fall within his jurisdictional area of the municipalities of
Sta. Monica and Burgos, located some 40 to 45 kilometers away from the
municipality of Dapa, Surigao del Norte.
ISSUE:
1. Whether or not the marriage of Tagadan and Borga is valid?
2. Whether or not the marriage of Sumaylo and del Rosario is valid?
Held:
The court held that the marriage between Tagadan and Borga is considered
bigamous and void, there being a subsisting marriage between Tagadan and
Pearanda. The courts decision is based on the fact that Tagadan did not institute
a summary proceeding for the declaration of presumptive death of the absent
spouse who left the conjugal dwelling for almost seven years as required under
Article 41 of the Family Code for a subsequent marriage to be valid.
On the second issue, it was held that non-compliance with the provision of
Article 7 and Article 8 of the Family Code will not invalidate the marriage.