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ZENAIDA S. BESO v. JUDGE JUAN DAGUMAN

FACTS:

The complainant accuses respondent Judge of failing to register the marriage contract with the office of the Local Civil Registrar and also failing to retain a copy of the marriage contract, in violation of the required procedure for solemnizing officers. The complainant claims that her husband took all the copies of the marriage contract, leaving none for the respondent Judge. The Office of the Court Administrator (OCA) found that respondent Judge committed non-feasance in office and recommended a fine of Five Thousand Pesos with a warning for future acts.

ISSUES:

  1. Whether the respondent judge properly solemnized the marriage outside his chambers or sala.

  2. Whether the respondent judge fulfilled his duty to register the marriage.

  3. Whether a judge who is appointed to a specific jurisdiction can solemnize a marriage outside said area.

  4. Whether the failure to properly document a marriage is a ground for administrative liability.

RULING:

  1. The Court ruled that the respondent judge did not properly solemnize the marriage outside his chambers or sala. The Family Code explicitly provides that a marriage can only be solemnized outside the judge's chambers in three instances, none of which were present in this case. Therefore, the respondent judge's actions were improper.

  2. Furthermore, the Court found that the respondent judge failed to fulfill his duty to register the marriage. Article 23 of the Family Code specifically states that the person solemnizing the marriage must furnish one of the contracting parties the original marriage certificate and send the duplicate and triplicate copies to the local civil registrar within fifteen days after the marriage. The respondent judge's failure to locate or reconstitute the missing copies of the marriage certificate showed negligence and a breach of his duty.

  3. No, a judge who is appointed to a specific jurisdiction may officiate in weddings only within said areas and not beyond. If a judge solemnizes a marriage outside his court's jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3 of the Family Code. This may subject the officiating official to administrative liability.

  4. Yes, the failure to properly document a marriage is a serious matter. It is the duty of the person solemnizing the marriage to furnish the original marriage contract to either of the contracting parties and send the duplicate and triplicate copies of the certificate to the local civil registrar within fifteen days after the marriage. Proper receipts shall be issued by the local civil registrar to the solemnizing officer. The solemnizing officer shall retain the quadruplicate copy of the marriage certificate and the original of the marriage license. The lack of proper documentation shows that the judge was less than conscientious in handling official documents.

PRINCIPLES:

  • Marriage is an institution of great importance to society, and the state has instituted safeguards to maintain its purity, continuity, and permanence.

  • The solemnization of marriage must be done publicly in the judge's chambers or in open court, except in specific instances provided by law.

  • Judges must not only apply the law but must also live and abide by it, rendering justice without resorting to shortcuts. They should be conscientious, thorough, and circumspect in the performance of their duties.

  • The duty of the person solemnizing a marriage includes not only the actual solemnization but also the registration of the marriage with the local civil registrar.

  • A judge who is appointed to a specific jurisdiction may officiate in weddings only within said areas and not beyond. Solemnizing marriages outside of the court's jurisdiction may result in administrative liability.

  • It is the duty of the person solemnizing the marriage to properly document the marriage in accordance with the Family Code. Failure to do so may be grounds for administrative liability.

  • Judges are expected to exercise extra care in the exercise of their authority and performance of their duties in solemnizing marriages. They should adopt a system of record management and organize their dockets to efficiently handle and maintain the records in their custody.