Case Summary (G.R. No. 42142)
First Act: Solemnization of Bigamous Marriage
On September 27, 1994, Judge Domagtoy officiated the marriage of Gaspar A. Tagadan and Arlyn F. Borga in Dapa. Tagadan was legally “separated” but still married to Ida Peñaranda. Respondent relied on a joint affidavit asserting Peñaranda’s absence for seven years and presumed death, without any judicial declaration of presumptive death.
Relevant Provision: Family Code Article 41
Article 41 requires that, before contracting a subsequent marriage, an absent spouse must be declared presumptively dead by summary judicial proceedings—even if there is a well-founded belief of death—unless disappearance under Articles 391 of the Civil Code (danger of death) justifies a two-year absence.
Analysis of Bigamy Charge
Because Tagadan failed to secure a court declaration of Peñaranda’s presumptive death, his marriage to Borga was void ab initio under Family Code Article 35(4). Respondent’s acceptance of an acknowledged affidavit in lieu of a judicial declaration constituted ignorance of mandatory procedural and substantive law, resulting in a bigamous union.
Second Act: Solemnization Outside Jurisdiction
On October 27, 1994, Judge Domagtoy conducted the wedding of Floriano Dador Sumaylo and Gemma G. del Rosario at his private residence in Dapa, which lies outside his territorial jurisdiction of Sta. Monica and Burgos. Respondent invoked Article 8’s exceptions for point-of-death, remote places, or written request by both parties.
Relevant Provisions: Family Code Articles 7 and 8
Article 7(1) limits the authority to officiate marriages to incumbent judges acting within their court’s jurisdiction. Article 8 prescribes permissible venues for ceremonies and allows exceptions only when (a) either party is near death, (b) the place is remote under Article 29, or (c) both parties submit a joint written request.
Analysis of Jurisdictional Charge
No evidence showed point-of-death circumstances or remoteness under Article 29. The sole written request came only from the bride. Respondent misapplied Article 8’s venue exceptions and overlooked Article 7’s territorial limitation, demonstrating gross ignorance of jurisdictional au
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Facts of the Case
- Complainant Rodolfo G. Navarro is the Municipal Mayor of Dapa, Surigao del Norte.
- Respondent Judge Hernando C. Domagtoy is the incumbent Municipal Circuit Trial Court Judge of Sta. Monica–Burgos, Surigao del Norte.
- Two specific acts are complained of:
• On September 27, 1994, respondent solemnized the marriage of Gaspar A. Tagadan and Arlyn F. Borga despite Tagadan’s status as “separated” from his first wife.
• On October 27, 1994, respondent solemnized the marriage of Floriano Dador Sumaylo and Gemma G. del Rosario at his private residence in Dapa, outside his territorial jurisdiction.
Procedural Posture
- The administrative complaint was brought directly before the Supreme Court without referral for investigation, the pleadings deemed sufficient for resolution.
- Prior administrative matters involving the same complainant (AM No. 94-980-MTC, dismissed for lack of merit, and OCA-IPI-95-16, still pending) were noted but countercharges of sinister motives were not proven and were not further considered.
Charges and Legal Basis
- Alleged gross misconduct, inefficiency in office, and ignorance of the law.
- First charge: solemnization of a bigamous marriage in violation of Article 35 and Article 41 of the Family Code.
- Second charge: solemnization of a marriage outside the judge’s jurisdiction contrary to Articles 7 and 8 of the Family Code.
Respondent’s Defenses
- Claim of reliance on a “joint affidavit” acknowledged (not issued) by the Municipal Trial Judge of Basey, Samar, establishing a well-foun