Case Summary (A.M. No. MTJ-99-1211)
Allegations Against Respondent
In a Complaint-Affidavit filed on December 12, 1997, Beso accused Judge Daguman of solemnizing her marriage to Bernardito A. Yman outside of his territorial jurisdiction and failing to retain and register the marriage contract. Beso described circumstances surrounding her marriage ceremony conducted on August 28, 1997, at the judge's residence in Calbayog City, to which she and her fiancé had rushed due to time constraints related to her overseas employment.
Respondent's Defense
Judge Daguman, in his comment, admitted to solemnizing the marriage outside of his jurisdiction due to several pressing factors. He asserted that he was unable to attend to his official duties in Sta. Margarita due to physical indisposition on that day. He noted the urgency of the situation, claiming it would be costly and complicated for the couple to find another solemnizing officer on short notice. The judge acknowledged that all necessary marriage documents were in order and intended to streamline the process for Beso, who was an overseas worker.
Circumstances Surrounding Registration
The judge also addressed the failure to register the marriage, attributing it to circumstances beyond his control. He claimed that after providing the marriage certificate to Yman, he left remaining copies on his desk for future registration, which subsequently went missing. According to the judge, Yman suggested that Beso had taken the copies, elaborating an argument that Beso may have absconded with the documentation.
Evaluation by the Office of the Court Administrator
The Office of the Court Administrator (OCA) reported its findings regarding the case, stating that Judge Daguman had committed non-feasance in office due to the unauthorized solemnization and failure to properly register the marriage. The OCA cited the relevant provisions within the Family Code that limited a judge's authority to solemnize marriages to their designated jurisdiction and outlined specific instances where a marriage could be solemnized outside the courtroom.
Legal Basis for Administrative Liability
Under Article 7 and Article 8 of the Family Code, a marriage can only be solemnized by an incumbent member of the judiciary within their court's jurisdiction, with specific allowances for extraordinary circumstances not present in this case. Moreover, the judge has a clear obligation under Article 23 of the Family Code t
...continue readingCase Syllabus (A.M. No. MTJ-99-1211)
Case Overview
- This case involves an administrative complaint against Judge Juan J. Daguman for Neglect of Duty and Abuse of Authority.
- The complaint was initiated by Zenaida S. Beso concerning the solemnization of her marriage to Bernardito A. Yman on August 28, 1997.
- The marriage was solemnized at the judge's residence in Calbayog City, which is outside his jurisdiction as the Municipal Judge of Sta. Margarita, Samar.
- Zenaida Beso later discovered that her marriage was not registered, prompting her to file the complaint.
Allegations Against Respondent Judge
- Zenaida S. Beso alleged that:
- Judge Daguman solemnized her marriage outside his jurisdiction.
- He failed to retain a copy of the marriage contract and did not register it with the Local Civil Registrar.
- Her husband abandoned her shortly after the marriage, raising suspicions about the validity of the proceedings.
Respondent Judge's Defense
- Judge Daguman defended his actions by citing pressing circumstances:
- He claimed he was physically unable to report to his station on the date of the marriage.
- The couple came to him unexpectedly, needing to marry urgently due to Zenaida's scheduled overseas em