Cajucom, Katrina Monica T.

Marriage License
#098253 #9

COSCA vs. HON. PALAYPAYON, JR.

A.M. No. MTJ-92-721. September 30, 1994

FACTS:
 Cosca, Peralta, Sambo and Villamora, the Stenographer I, Interpreter I, Clerk II and
Process Server, respectively of MTC of Tinambac, Camarines Sur, filed an administrative
complaint against respondent Judge Palaypayon and Clerk of Court II Esmeralda-Baroy of
the same court alleging that the respondents committed, among others, illegal
solemnization of marriage
 They alleged that that respondent judge solemnized marriages even without the requisite
marriage license, hence the marriage contracts of six couples did not reflect any marriage
license number
 The judge also did not sign their marriage contracts and did not indicate the date of the
solemnization, allegedly because he had to wait for the marriage licenses to be submitted
by the parties, hence he is exempted from liability

ISSUE: Whether a judge who did not sign the marriage contracts nor furnish the contracting
parties nor the Local Civil Registrar with a copy is absolved from liability for solemnizing
marriages without a license

RULING: No. The Family Code provides that the formal requisites of marriage are, inter alia, a
valid marriage license except in the cases provided for therein. Complementarily, it declares that
the absence of any of the essential or formal requisites shall generally render the marriage void ab
initio and that, while an irregularity in the formal requisites shall not affect the validity of the
marriage, the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.

The civil aspect is addressed to the contracting parties and those affected by the illegal marriages,
and what we are providing for herein pertains to the administrative liability of respondents, all
without prejudice to their criminal responsibility. The Revised Penal Code provides that “(p)riests
or ministers of any religious denomination or sect, or civil authorities who shall perform or
authorize any illegal marriage ceremony shall be punished in accordance with the provisions of
the Marriage Law.” This is of course, within the province of the prosecutorial agencies of the
Government.

With respect to the charge of illegal solemnization of marriages, the judge actually trifled with, the
law’s concern for the institution of marriage and the legal effects flowing from civil status. Hence,
the Court imposed on him a fine of P20, 000 with a stern warning not to repeat the same offense.
Respondent Esmeralda-Baroy is dismissed from service.