Case Digest (A.M. No. 343-MJ)
Facts:
Corazon Negre v. Felix A. Rivera, Adm. Matter No. 343‑MJ, June 22, 1976, the Supreme Court Second Division, Aquino, J., writing for the Court.The complaint originated with a December 21, 1972 letter from NBI Director Jolly R. Bugarin to Secretary of Justice Vicente Abad Santos, recommending that Felix A. Rivera, Municipal Judge of Bacarra, Ilocos Norte, be administratively charged for having performed an illegal marriage ceremony without a marriage license. The alleged marriage was between Corazon Negre (born May 7, 1954) and Amado Orpilla, a married teacher who had allegedly raped Miss Negre on August 28, 1972; the marriage was said to have been solemnized on September 5, 1972.
On September 5, 1972 the parties had filed applications for a marriage license with the local civil registrar of Bacarra, but no license was issued because Orpilla was already married. Despite this, the marriage contract had been signed by the parties and presented to Judge Rivera; it bore a postdated effective date of September 15, 1972 (the day the ten‑day waiting period would expire). An assistant provincial fiscal filed an information on March 31, 1973 charging Rivera with performing an illegal marriage under Article 352 of the Revised Penal Code (Criminal Case No. 183‑II). After reinvestigation, Rivera explained that he had only signed the marriage contract without solemnizing the marriage, retained the copies, did not furnish them to the parties or the local registrar, and did not collect the solemnization fee.
The fiscal moved to dismiss for lack of prima facie case, and the Court of First Instance of Ilocos Norte, in an order dated May 24, 1973, dismissed the criminal information. Nevertheless, this Court, by a resolution dated April 30, 1976, directed Rivera to show cause why he should not be removed or suspended under Section 97 of the Judiciary Law for having signed the marriage contract despite the absence of a license, observing that dismissal of the criminal charge did not necessarily erase the irregularity. In his May 18, 1976 manifestatio...(Pro-only)
Issues:
- Is respondent Judge Felix A. Rivera administratively liable under Section 97 of the Judiciary Law for signing a marriage contract when no marriage license had been issued?
- Does the dismissal of the criminal information under Article 352 of the Revised Penal Code preclude administrative discipline for the same conduct?
- If administrative liability is established, what penalty is appro...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)