Facts:

• Zenaida S. Beso filed a complaint against Judge Juan Daguman of the Municipal Circuit Trial Court (MCTC) of Sta. Margarita-Tarangan-Pagsanjan, Samar.
• The complaint was for non-feasance in office.
• On August 28, 1997, Judge Daguman solemnized the marriage of Beso and Bernardito A. Yman at his residence in Calbayog City, outside his judicial jurisdiction.
• The ceremony was attended by Pacifico Maghacot (principal sponsor) and spouses Ramon and Teresita Dean.
• Beso later discovered that the marriage was not registered with the Local Civil Registrar.
• Upon inquiry, Judge Daguman informed Beso that all copies of the marriage contract were taken by Yman.
• Beso alleged that the judge's actions were prejudicial to her interests due to the solemnization outside his jurisdiction and negligence in not retaining a copy and not registering the marriage.
• The Office of the Court Administrator (OCA) investigated and found Judge Daguman guilty of non-feasance in office, recommending a fine of P5,000.00.

Issue:

• (Unlock)

Ruling:

1. Yes, Judge Juan Daguman committed non-feasance in office by solemnizing a marriage outside his jurisdiction.
2. Yes, Judge Daguman was negligent in failing to...(Unlock)

Ratio:

• The Court ruled that Judge Daguman's actions constituted non-feasance in office.
• Articles 7 and 8 of the Family Code state that a marriage may be solemnized by any incumbent member of the judiciary within the court's jurisdiction.
• Exceptions to this rule include situations where either party is at the point of death, the place of marriage is in a remote area, or there is a written sworn request from both parties.
• None of these exceptions applied in this case.
• The judge's justification of acting in good faith due to the urgency of Beso&...continue reading