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Judicial Misconduct in Marriage Cases

1) Municipal Mayor Rodolfo Navarro filed a complaint against Judge Hernando Domagtoy for solemnizing two marriages improperly. 2) The first marriage solemnized was between Gaspar Tagadan and Arlyn Borja, despite Tagadan having a subsisting prior marriage. 3) The second marriage solemnized was between Floriano Sumaylo and Gemma del Rosario, but it took place outside the judge's jurisdiction at his residence rather than in his court. 4) The court ruled the first marriage to Tagadan was void as bigamous. The second marriage to Sumaylo and del Rosario was valid but the judge was administratively liable for solemnizing it outside his

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Nathalie Jean Yap
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157 views1 page

Judicial Misconduct in Marriage Cases

1) Municipal Mayor Rodolfo Navarro filed a complaint against Judge Hernando Domagtoy for solemnizing two marriages improperly. 2) The first marriage solemnized was between Gaspar Tagadan and Arlyn Borja, despite Tagadan having a subsisting prior marriage. 3) The second marriage solemnized was between Floriano Sumaylo and Gemma del Rosario, but it took place outside the judge's jurisdiction at his residence rather than in his court. 4) The court ruled the first marriage to Tagadan was void as bigamous. The second marriage to Sumaylo and del Rosario was valid but the judge was administratively liable for solemnizing it outside his

Uploaded by

Nathalie Jean Yap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Navarro vs. Domagtoy AM No.

MTJ 96-1088, July 19, 1996


 
FACTS:
Municipal Mayor of Dapa, Surigao del Norte, Rodolfo G. Navarro filed a complaint on two specific acts
committed by respondent Municipal Circuit Trial Court Judge Hernando Domagtoy on the grounds of
gross misconduct, inefficiency in office and ignorance of the law.
 The first allegation of Navarro to Domagtoy is that the latter solemnized marriage of Gaspar
Tagadan and Arlyn Borja on September 27, 1994 despite the knowledge that the groom has a
subsisting marriage was merely separated. It was told that the wife of Gaspar left their conjugal
home and has not returned and been heard for almost seven years.
 
 The second allegation of the plaintiff was that the said Judge likewise solemnized marriage of
Floriano Dadoy Sumaylo and Gemma G. del Rosario outside his court’s jurisdiction on October
27, 1994. The judge holds his office and has jurisdiction in the Municipal Circuit Trial Court of Sta
Monica-Burgos, Surigao del Norte but he solemnized the said wedding at his residence in the
municipality of Dapa located 40 to 50 km away.

ISSUE: Whether or not the acts of Judge Domagtoy exhibits gross misconduct, inefficiency in office
and ignorance of the law?
RULING:
The court held that the marriage between Tagadan and Borja was void and bigamous there
being a subsisting marriage between Tagadan and his wife, notwithstanding, the latter was gone for
seven years and the spouse had a well-founded belief that the absent spouse was dead, Tagadan did not
institute a summary proceeding as provided in the Civil Code for the declaration of presumptive death of
the absentee, without prejudice to the effect of reappearance of the absent spouse.
With regard to the marriage of Sumaylo and Del Rosario, the said marriage was solidified as
valid, Albeit, Judge Domagtoy was not authorized to solemnize the marriage of Sumaylo and Del Rosario
as against Article 3 (1) of the Family Code with regard to irregularity of formal requisites of marriage. In
addition, article 4 par 3 of the Family Code of the Philippines states that formal requisites shall not affect
the validity of marriage but the party or parties responsible for the irregularity shall be civilly, criminally
and administratively liable.
Hence, Domagtoy was held administratively liable because of the latter’s failure to apply the
legal principles applicable in these cases, the Court find Domagtoy  have acted in gross ignorance of the
law and because of this he was suspended for a period of six months.

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