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  • Navarro V Domagtoy Digest

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    Darlen Joy Tolentino
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    The complainant alleged that the respondent judge solemnized two marriages outside of his jurisdiction. First, the judge married a man who was still legally married. Second, the judge performed a marriage ceremony in the municipality of Dapa, which was outside the jurisdictions of Sta. Monica and Burgos that the judge's court covered. The issue was whether the solemnization of the marriage of Sumaylo and Del Rosario was within the respondent judge's jurisdiction. The Supreme Court held that it was not, as the Family Code only allows judges to solemnize marriages within their court's jurisdiction, not in other municipalities.

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    Navarro v Domagtoy Digest

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    Navarro v Domagtoy Digest

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    The complainant alleged that the respondent judge solemnized two marriages outside of his jurisdiction. First, the judge married a man who was still legally married. Second, the judge performed a marriage ceremony in the municipality of Dapa, which was outside the jurisdictions of Sta. Monica and Burgos that the judge's court covered. The issue was whether the solemnization of the marriage of Sumaylo and Del Rosario was within the respondent judge's jurisdiction. The Supreme Court held that it was not, as the Family Code only allows judges to solemnize marriages within their court's jurisdiction, not in other municipalities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    415 views2 pages

    Navarro V Domagtoy Digest

    Uploaded by

    Darlen Joy Tolentino
    The complainant alleged that the respondent judge solemnized two marriages outside of his jurisdiction. First, the judge married a man who was still legally married. Second, the judge performed a marriage ceremony in the municipality of Dapa, which was outside the jurisdictions of Sta. Monica and Burgos that the judge's court covered. The issue was whether the solemnization of the marriage of Sumaylo and Del Rosario was within the respondent judge's jurisdiction. The Supreme Court held that it was not, as the Family Code only allows judges to solemnize marriages within their court's jurisdiction, not in other municipalities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    RODOLFO G. NAVARRO, complainant, vs. JUDGE HERNANDO C.

    DOMAGTOY,
    respondent
    A.M. No. MTJ-96 1088 July 19,1996

    FACTS:
    Municipal Mayor of Dapa, Surigao del Norte, Rodolfo Navarro, has submitted
    evidence in relation to two specific acts committed by the respondent with the
    following facts: First, on September 27, 1994, respondent judge solemnized the
    wedding between Gaspar Tagahan and Arlyn Borga, despite the knowledge that
    the groom is merely separated from his first wife. Second, on October 27, 1994
    the respondent allegedly performed a marriage ceremony between Floriano
    Dador Sumaylo and Gemma Del Rosario outside of the respondents courts
    jurisdiction. Such wedding was solemnized at the respondents residence in
    municipality of Dapa, which does not fall within the respondents jurisdictional
    area of Sta. Monica and Burgos.
    Respondent, in one of his letter-comment to the Office of the Court Administrator
    (OCA), argued that in solemnizing the marriage between Sumaylo and Del
    Rosario, he did not violate Article 7, paragraph one (1) of the Family Code, which
    states that Marriage may be solemnized by: (1) Any incumbent member of the
    judiciary within the courts jurisdiction.; and that Article 8 thereof applies to the
    case in question.
    ISSUE: Whether or not the solemnization of the marriage of Sumaylo and Del
    Rosario was within the respondents courts jurisdiction.
    HELD:
    No. The solemnization of the marriage of Sumaylo and Del Rosario was
    not within the respondents courts jurisdiction. As provided in Article 7 of
    the Family Code, Marriage may be solemnized by : (1) any incumbent
    member of the judiciary within the courts jurisdiction not allowing
    respondent judge to solemnize a marriage in the municipality of Dapa, Surigao
    del Norte since his jurisdiction only covers the municipalities of Sta. Monica and
    Burgos. Respondent judge cited Article 8 of the Family Code and the exceptions
    therein. There are only three instances, which the Article 8 of the Family Code
    provides, wherein a judge may solemnize a marriage publicly in the chambers
    of the judge or in open court, in the church, chapel or temple, or in the office of
    the consul-general, consul or vice-consul as the case may be, and not elsewhere,
    except in cases of marriages contracted at the point of death or in
    remote places in accordance with Article 29, or were both of the parties
    request the solemnizing officer in writing in which case the marriage
    may be solemnized at a house or place designated by them in a sworn
    statement to that effect. There is no pretence that either Sumaylo or del
    Rosario was at the point of death or in a remote place. Moreover, the written

    request presented addressed to the respondent judge was made by only one
    party, Gemma del Rosario.
    In this case, the solemnization of the marriage of Sumaylo and Del Rosario was
    outside the respondents courts jurisdiction.

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