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Office of the Court Administrator v.

Judge Necessario
(A.M. No.
MTJ-07-1691, April 2, 2013)
Facts:
Due to an administrative case filed on July 6, 2007, the Office of the Court Administrator
(OCA)
formed a judicial
audit team
that investigated
on irregularities
thewhere
solemnization
of
Judge Necessario
- solemnized
marriages
with questionable
documents in
even
one of the
marriages in several MTCs and RTCs in Cebu. The head of the audit team created
wentcontracting parties (foreigner) submitted an affidavit instead of a certificate of legal capacity from
his
embassy;with
and under
Art.
34 (one
theifcontracting
partieswere
was true
a minor
during
undercover
another
lawyer
toofsee
the allegations
that
therecohabitation)
were fixers or

Judge
Acosta
failed
to make
that solemnization
fee to
hasapply
been for
paid
and alsoAfter their
facilitators
offering
package
feessure
to parties
who would like
marriage.
solemnized a
interviews and investigation, the OCA recommended the dismissal of the following judges and
marriage under Art. 34
court employees generally for gross neglect of duty due to the following circumstances:
Judge Rosales failed to make sure the solemnization fee has been paid and solemnized marriage
between foreigner who only submitted an affidavit; also solemnized a marriage without
the
marriage license
Judge Tormis solemnized marriages with questionable documents; failed to make sure
solemnization fee has been paid; solemnized marriage between foreigner who only submitted
an
affidavit; solemnized marriage with expired marriage license.
Helen Monggaya violated Sec. 2, Canon 1 of the Code of Conduct for Court Personnel

prohibition from soliciting any gifts and for giving false information for the purpose of perpetrating
an irregular marriage
Rhona Rodriguez violated Sec. 2, Canon 1 by participating in the collection of an agreed
upon
additional fee to process the documents, and in one case, received 4,000 pesos to facilitate
an
irregular marriage

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