Case Summary (A.M. No. MTJ-15-1860)
Factual Background
The complaint initiated on November 4, 2009, was based on an affidavit executed by complainant Rosilanda M. Keuppers, alleging that on May 12, 2008, she and her husband sought a marriage license at the Local Civil Registrar's Office in Davao City. Due to timing constraints, they were advised to seek alternative arrangements and were referred to DLS Travel and Tours Corporation. After paying P15,750 for fees related to the solemnization of their marriage, the couple discovered that the marriage certificate contained erroneous information, particularly regarding the location and details of the marriage solemnization, which took place at DLS Travel and Tours in Davao City rather than within Judge Murcia's jurisdiction.
Respondent's Defense
In his comment dated February 2, 2010, Judge Murcia claimed ignorance of how the complainant processed the marriage documents and denied having any financial receipt for solemnizing the marriage. He maintained that his actions were clerical, merely following the submitted documents and presuming their validity.
Investigative Findings
An investigation was conducted following the Office of the Court Administrator's referral. The investigating officer confirmed through multiple eyewitness accounts and an ocular inspection that the marriage was indeed solemnized at DLS Travel and Tours, which falls outside the respondent's jurisdiction. The respondent admitted, during the proceedings, that he solemnized the marriage in Davao City due to a sense of urgency expressed by the complainant regarding her husband's impending departure.
Legal Framework
Under Article 7 of the Family Code, marriages must be solemnized by a member of the judiciary within their court's jurisdiction. Furthermore, Article 8 clearly stipulates that solemnizations should occur in the judge's chambers or courtroom unless exceptions apply, none of which were present in this case.
Conclusion of the Investigating Justice
The Investigating Justice concluded that despite Judge Murcia's lack of involvement in the document preparation, he was nonetheless guilty of solemnizing a marriage outside of his jurisdiction. The off-site ceremony did not meet legal exceptions, underscoring a grave misconduct charge against him. The recommendation included a fine of P5,000 and a stern warning against future infractions, given that this was not his first offense related to improper s
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Case Overview
- This administrative matter involves Rosilanda M. Keuppers as the complainant against Judge Virgilio G. Murcia, the Respondent.
- The case originated from an indorsement by the Office of the Deputy Ombudsman for Mindanao, regarding allegations against the judge.
- The charges included estafa, violation of Republic Act No. 6713, grave misconduct, and conduct prejudicial to the best interest of the service.
Factual Background
- Complainant Keuppers and her husband applied for a marriage license on May 12, 2008, at the Local Civil Registrar's Office (LCRO) in Davao City.
- Detailed steps were followed, including a mandatory 10-day posting requirement for the marriage license.
- Due to the impending departure of her husband for Germany on May 22, 2008, they were advised to seek assistance from DLS Travel and Tours.
- The couple paid ₱15,750.00 for various fees to have their marriage solemnized, despite knowing it was more than the standard fee.
Marriage Solemnization Incident
- Judge Murcia solemnized the couple’s marriage on May 19, 2008, in the office of DLS Travel and Tours, Davao City, outside his territorial jurisdiction.
- Following the solemnization, the couple discovered several erroneous entries on their marriage certificate and application for a marriage license.
- Key discrepancies included incorrect locations for the solemnizat