RODOLFO G. NAVARRO vs. JUDGE HERNANDO C.

DOMAGTOY
A.M.No. MTJ-96-1088, 259 SCRA 129
July 19, 1996

FACTS:
Navarro is the Municipal Mayor of Dapa, Surigao del Norte. He submitted evidence in relation to
two specific acts committed by Municipal Circuit Trial Court Judge Hernando Domagtoy, which
exhibit his gross misconduct as well as inefficiency in office and ignorance of the law. First was
on September 27, 1994 when respondent judge solemnized the wedding between Gaspar
Tagadan and Arlyn Borga, despite the knowledge that the groom is merely separated from his
first wife. Domagtoy claimed that he merely relied on an affidavit sworn before another judge,
attesting that Tagadans wife has been absent for seven years. Second, it is alleged that he
performed a marriage ceremony between Floriano Dador Sumaylo and Gemma G. del Rosario
outside his courts jurisdiction on October 27, 1994. Domagtoy asserted that he solemnized the
marriage outside of his jurisdiction upon the request of the parties.

ISSUE:
(1) Whether or not Domagtoy acted without jurisdiction.

HELD:
YES. Domagtoys defense is untenable and he did display gross ignorance of the law. In the first
allegation, Gaspar Tagdan did not institute a summary proceeding for the declaration of his first
wifes presumptive death. Absent this judicial declaration, he remains married to Ida Penaranda.
Whether wittingly, or unwittingly, it was manifest error on the part of respondent judge to have
accepted the joint affidavit submitted by the groom. Such neglect or ignorance of the law has
resulted in a bigamous, and therefore void, marriage.
The request to hold the wedding outside Domagtoys jurisdiction was only done by one party, the
bride NOT by both parties. More importantly, under Art 7 of Family Code, marriage may be
solemnized by, any incumbent member of the judiciary within the courts jurisdiction. Article 8,
which is a directory provision, refers only to the venue of the marriage ceremony and does not
alter or qualify the authority of the solemnizing officer as provided in the preceding provision. Non-
compliance herewith will not invalidate the marriage.

In as much as respondent judges jurisdiction covers the municipalities of Sta. Monica and
Burgos, he was also not clothed with authority to solemnize a marriage in Dapa, Surigao del
Norte.

Because of the respondents failure to apply the legal principles applicable in these cases, the
Court finds respondent to have acted in gross ignorance of the law because of this he is
suspended for a period of six months.