Case Name NAVARRO v.

DOMAGTOY

Topic Formal Requisites of Marriage; Authority of Solemnizing Officer

Case No. | Date A.M. No. MTJ-96-1088 | July 19, 1996

Ponente Romero, J

Summary Judge Domagtoy was accused by the Mayor Navarro of exhibiting gross
misconduct, inefficiency in office, and ignorance of the law for solemnizing two
questionable marriages.

The first (marriage between Gaspar Tagadan and Arlyn F. Borga) was claimed to
be bigamous while the second (marriage between Floriano Sumaylo and
Gemma del Rosario) was performed beyond the respondent judge’s court
jurisdiction.

The Court ruled the first marriage in question was indeed bigamous and void
while the second marriage lacked the authority of respondent judge. The Court
ordered the respondent judge to be suspended for six (6) months for exhibiting
ignorance of the basic provisions of the law which has prejudiced the status of
marriage persons.

Doctrine Formal Requisites of Marriage

One of the formal requisites of marriage is the authority of the solemnizing
officer. While a marriage may be solemnized by any incumbent member of the
judiciary, judges appointed to specific jurisdictions may only officiate within said
area and not beyond. Should a judge officiate beyond his jurisdiction, such as how
Judge Domagtoy acted, it may not affect the validity of the marriage but may
subject the officiating judge to administrative liability.

Provisions Article 41 FC
Article 35 FC
Article 7 FC
Article 8 FC
Article 3 FC
Article 4 FC

Facts Municipal Circuit Trial Court Judge Hernando Domagtoy solemnized two
marriages in question:
1. Marriage between Gaspar A. Tagadan and Arlyn F. Borga despite the
knowledge that the groom is merely separated from his first wife
● The respondent judge relied on the affidavit issued by Municipal
trial judge of Samar confirming that Tagadan has not seen his
wife from almost seven years
2. Marriage between Floriano Dador Sumaylo and Gemma G. del Rosario
outside his court’s jurisdiction
● The respondent judge’s jurisdiction is within the Municipal
Circuit Trial Court of Sta. Monica-Burgos, Surigao del Norte while
the wedding was solemnized in the municipality of Dapa

2
 Issue Ratio

Issue 1: W/N the YES. Art. 41 FC provides that a summary proceeding for the declaration of
first marriage in presumptive death is a mandatory requirement in order to contract a
question is void subsequent marriage.
ab initio. ● Gaspar A. Tagadan did not institute a summary proceeding for the
declaration of his first wife’s presumptive death. Absence of such a
declaration, he remains to be married to his first wife
● Under Art. 35 FC, “The following marriage shall be void from the
beginning: (4) Those bigamous . . . marriages not falling under Article 41.”
● Therefore, the marriage between Gaspar Tagadan and Arlyn Borga is
considered bigamous and void

NO. Art. 7 FC provides that marriage may be solemnized by any incumbent

Issue 2: W/N the member of the judiciary within the court’s jurisdiction.
respondent has ● The respondent judge justified solemnizing the marriage outside of his
the authority to court’s jurisdiction by citing exceptions under Art. 8 but as the provision
solemnize the states, a marriage can only be held outside of the judge’s chambers or
second marriage courtroom only in the ff. instances: (1) at the point of death, (2) in remote
in question. places in accordance to Art. 29 or (3) upon request of both parties in
writing in a sworn statement
○ Sumaylo and Del Rosario was neither at the point of death or in a
remote place while the written request presented to the
respondent judge was made by only one party, Gemma del
Rosario
● Under Art. 3 FC, one of the formal requisites of marriage is the “authority
of the solemnizing officer” while Art. 4 FC states that any irregularities in
the formal requisites of marriage shall not affect the validity of the
marriage but may subject the officiating official to administrative liability

Disposition IN VIEW OF THE FOREGOING, respondent Judge Hernando C. Domagtoy

is hereby SUSPENDED for a period of six (6) months and given a STERN
WARNING that a repetition of the same or similar acts will be deat with more
severely.