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SECOND DIVISION

[A.M. No. MTJ-96-1088. July 19, 1996]

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

D E C ! " ! O N

ROMERO, J.#

The complainant in this administrative case is the Municipal Mayor of Dapa, Surigao

del Norte, odolfo !" Navarro" #e has su$mitted evidence in relation to t%o specific

acts committed $y respondent Municipal Circuit Trial Court &udge #ernando Domagtoy,

%hich, he contends, e'hi$its gross misconduct as %ell as inefficiency in office and

ignorance of the la%"

(irst, on Septem$er )*, +-, respondent .udge solemni/ed the %edding $et%een

!aspar 0" Tagadan and 0rlyn (" 1orga, despite the 2no%ledge that the groom is merely

separated from his first %ife"

Second, it is alleged that he performed a marriage ceremony $et%een (loriano

Dador Sumaylo and !emma !" del osario outside his court3s .urisdiction on Octo$er

)*, +-" espondent .udge holds office and has .urisdiction in the Municipal Circuit

Trial Court of Sta" Monica41urgos, Surigao del Norte" The %edding %as solemni/ed at

the respondent .udge3s residence in the municipality of Dapa, %hich does not fall %ithinhis .urisdictional area of the municipalities of Sta" Monica and 1urgos, located some -5

to -6 2ilometers a%ay from the municipality of Dapa, Surigao del Norte"

In his letter4comment to the Office of the Court 0dministrator, respondent .udge

avers that the office and name of the Municipal Mayor of Dapa have $een used $y

someone else, %ho, as the mayor3s 7lac2ey,7 is overly concerned %ith his actuations

$oth as .udge and as a private person" The same person had earlier filed 0dministrative

Matter No" -4854MTC, %hich %as dismissed for lac2 of merit on Septem$er +6, +-,

and 0dministrative Matter No" OC04I9I464+:, 70ntonio 0dapon v" &udge #ernando C"

Domagtoy,7 %hich is still pending"

In relation to the charges against him, respondent .udge see2s e'culpation from his

act of having solemni/ed the marriage $et%een !aspar Tagadan, a married man

separated from his %ife, and 0rlyn (" 1orga $y stating that he merely relied on the

0ffidavit issued $y the Municipal Trial &udge of 1asey, Samar, confirming the fact that

Mr" Tagadan and his first %ife have not seen each other for almost seven years" ;+

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Sumaylo and del osario, he did not violate 0rticle *, paragraph + of the (amily Code

%hich states that> 7Marriage may $e solemni/ed $y> ?+@ 0ny incum$ent mem$er of the

.udiciary %ithin the court3s .urisdictionAB and that 0rticle 8 thereof applies to the case in

uestion"

The complaint %as not referred, as is usual, for investigation, since the pleadingssu$mitted %ere considered sufficient for a resolution of the case";)

70rt" *" Marriage may $e solemni/ed $y>

?+@ 0ny incum$ent mem$er of the .udiciary 4'&'( &) ou+&5% u+'%'&'o(7

' ' ' ' ' ' ''' ?Emphasis supplied"@

0rt" 8" The marriage shall $e solemni/ed pu$licly in the cham$ers of the .udge or in

open court, in the church, chapel or temple, or in the office of the consul4general, consul

or vice4consul, as the case may $e, and not else%here, ))& '( *%)% o2 $*++'*/)%

o(&+*&) o( &) o'(& o2 )*& o+ '( +)$o&) l*)% '( *o+*() 4'& A+&'l) 9

o2 &'% Co), o+ 4)+) 3o& *+&')% +):u)%& &) %ol)$(';'(/ o22')+ '( 4+'&'(/ '(

4' *%) &) $*++'*/) $*y 3) %ol)$(';) *& * ou%) o+ l*) )%'/(*&) 3y

&)$ '( * %4o+( %&*&)$)(& &o &*& )22)&.7

espondent .udge points to 0rticle 8 and its e'ceptions as the .ustifications for his

having solemni/ed the marriage $et%een (loriano Sumaylo and !emma del osariooutside of his court3s .urisdiction" 0s the aforeuoted provision states, a marriage can

$e held outside of the .udge3s cham$ers or courtroom only in the follo%ing

instances> ?+@ at the point of death, ?)@ in remote places in accordance %ith 0rticle ) or

?@ upon reuest of $oth parties in %riting in a s%orn statement to this effect" There is

no pretense that either Sumaylo or del osario %as at the point of death or in a remote

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place" Moreover, the %ritten reuest presented addressed to the respondent .udge %as

made $y only one party, !emma del osario" ;-