Borja-Manzano vs. Sanchez

Facts:

Herminia Borja-Manzano v. Judge Roque R. Sanchez, A.M. No. MTJ-00-1329 (Formerly A.M. No. OCA IPI No. 99-706-MTJ), March 08, 2001, First Division, Davide Jr., C.J., writing for the Court.

Complainant Herminia Borja-Manzano filed a sworn Complaint‑Affidavit with the Office of the Court Administrator on May 12, 1999, charging respondent Judge Roque R. Sanchez, Municipal Trial Court, Infanta, Pangasinan, with gross ignorance of the law for solemnizing on March 22, 1993 the marriage between the late David Manzano and Luzviminda Payao. Complainant alleged she was the lawful wife of David Manzano since their marriage on May 21, 1966 and that four children were born of that marriage; she asserted that the subsequent marriage was void and bigamous because the marriage contract indicated both contracting parties were “separated.”

Respondent Judge answered in his Comment that at the time he officiated the March 22, 1993 marriage he believed the parties had been cohabiting as husband and wife for seven years and that they executed a joint affidavit so stating; he maintained he did not know that Manzano was legally married and averred he would have advised against a new marriage had he known. The Court Administrator evaluated the pleadings and recommended a finding of guilt for gross ignorance of the law with a P2,000 fine and a warning.

On October 25, 2000 the Court required the parties to state whether they would submit the case on the pleadings; complainant agreed. Respondent filed a Manifestation withdrawing his earlier Comment and attaching two affidavits allegedly unearthed by his staff — separate affidavits of Manzano and Payao sworn before the respondent in which each admitted existing marriages — and asserted he had acted under Article 34 of the Family Code in solemnizing the marriage.

The Supreme Court found merit in the complaint after examining the requisites of Article 34, the parties’ sworn affidavits and the marriage contract, and concluded respondent knew or ought to have kn...(Pro-only)

Issues:

• Did respondent Judge Roque R. Sanchez commit gross ignorance of the law by solemnizing the March 22, 1993 marriage?
• Were the requisites of Article 34, Family Code satisfied so as to justify the solemnization?
• What disciplinary sanction, if any, should be imposed on...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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