Case Digest (A.M. No. MTJ-96-1088) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In A.M. No. MTJ-96-1088, decided on July 19, 1996 under the 1987 Philippine Constitution, Municipal Mayor Rodolfo G. Navarro filed an administrative complaint against Municipal Circuit Trial Court Judge Hernando C. Domagtoy of Sta. Monica-Burgos, Surigao del Norte. Navarro alleged two specific acts of gross misconduct, inefficiency in office, and ignorance of the law. First, on September 27, 1994, Judge Domagtoy solemnized the marriage between Gaspar A. Tagadan, who was only legally separated but still married to his first wife, and Arlyn F. Borga, without any judicial declaration of presumptive death of the absent spouse. Second, on October 27, 1994, he officiated the wedding of Floriano Dador Sumaylo and Gemma G. del Rosario at his residence in Dapa—outside his territorial jurisdiction of the municipalities of Sta. Monica and Burgos. In his comment to the Office of the Court Administrator, respondent claimed reliance on an affidavit acknowledging the separation and presumed de Case Digest (A.M. No. MTJ-96-1088) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and procedural history
- Complainant: Rodolfo G. Navarro, Municipal Mayor of Dapa, Surigao del Norte, filed an administrative complaint for gross misconduct, inefficiency and ignorance of the law against the respondent.
- Respondent: Judge Hernando C. Domagtoy, Municipal Circuit Trial Court of Sta. Monica–Burgos, Surigao del Norte; filed letter-comment denying charges and asserting counterclaims of sinister motives.
- First alleged act – bigamous marriage
- On September 27, 1994, respondent solemnized the marriage of Gaspar A. Tagadan and Arlyn F. Borga despite knowing Tagadan was only “separated” from his first wife.
- Evidence presented:
- Marriage contract showing Tagadan’s civil status as “separated.”
- Joint affidavit acknowledged before a Basey, Samar judge asserting Tagadan’s first wife had been absent for seven years and presumed dead, but no summary proceeding for presumptive death was instituted.
- Second alleged act – jurisdictional excess
- On October 27, 1994, respondent officiated the marriage of Floriano Dador Sumaylo and Gemma G. del Rosario at his private residence in Dapa, outside the territorial jurisdiction of Sta. Monica and Burgos.
- Respondent’s defense invoked Article 8 of the Family Code, citing an exception for written party request; only one party’s written request was produced.
- Investigation and recommendation
- Complaint was not referred for separate investigation as pleadings were deemed sufficient for resolution.
- Office of the Court Administrator recommended a six-month suspension and stern warning for the respondent’s acts.
Issues:
- Whether respondent committed gross misconduct, inefficiency and ignorance of the law by solemnizing a bigamous marriage without the required summary proceeding to declare the prior spouse presumptively dead (Family Code Art. 41).
- Whether respondent exceeded his authority by solemnizing a marriage outside his court’s territorial jurisdiction in violation of Articles 7 and 8 of the Family Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)