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    Navaro Domagtoy

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    OmpongGalapong
    Domagtoy, a municipal circuit trial court judge, is accused of gross misconduct and ignorance of the law based on two instances. First, he solemnized a marriage when the groom was still legally married, relying only on an affidavit claiming the first wife had been absent for 7 years without a legal declaration of presumptive death. Second, he performed a marriage outside of his jurisdiction, claiming he did so at the request of one party rather than both. The court held that Domagtoy's defenses were invalid and his actions displayed ignorance of marriage laws. Solemnizing a bigamous marriage and performing ceremonies outside his jurisdiction were clear legal errors.

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    Navaro Domagtoy

    Uploaded by

    OmpongGalapong
    55 views2 pages
    Domagtoy, a municipal circuit trial court judge, is accused of gross misconduct and ignorance of the law based on two instances. First, he solemnized a marriage when the groom was still legally married, relying only on an affidavit claiming the first wife had been absent for 7 years without a legal declaration of presumptive death. Second, he performed a marriage outside of his jurisdiction, claiming he did so at the request of one party rather than both. The court held that Domagtoy's defenses were invalid and his actions displayed ignorance of marriage laws. Solemnizing a bigamous marriage and performing ceremonies outside his jurisdiction were clear legal errors.

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    navaro domagtoy

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    Domagtoy, a municipal circuit trial court judge, is accused of gross misconduct and ignorance of the law based on two instances. First, he solemnized a marriage when the groom was still legally married, relying only on an affidavit claiming the first wife had been absent for 7 years without a legal declaration of presumptive death. Second, he performed a marriage outside of his jurisdiction, claiming he did so at the request of one party rather than both. The court held that Domagtoy's defenses were invalid and his actions displayed ignorance of marriage laws. Solemnizing a bigamous marriage and performing ceremonies outside his jurisdiction were clear legal errors.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    55 views2 pages

    Navaro Domagtoy

    Uploaded by

    OmpongGalapong
    Domagtoy, a municipal circuit trial court judge, is accused of gross misconduct and ignorance of the law based on two instances. First, he solemnized a marriage when the groom was still legally married, relying only on an affidavit claiming the first wife had been absent for 7 years without a legal declaration of presumptive death. Second, he performed a marriage outside of his jurisdiction, claiming he did so at the request of one party rather than both. The court held that Domagtoy's defenses were invalid and his actions displayed ignorance of marriage laws. Solemnizing a bigamous marriage and performing ceremonies outside his jurisdiction were clear legal errors.

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    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
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    Navarro v. Domagtoy, A.M.No.

    MTJ-96-1088, July 19, 1996


    FACTS: Navarro is the Municipal Mayor of Dapa, Surigao del Norte. He submitted e
    vidence in relation to two specific acts committed by Municipal Circuit Trial Co
    urt Judge Hernando Domagtoy, which exhibit his gross misconduct as well as ineff
    iciency in office and ignorance of the law. First was on September 27, 1994 when
    respondent judge solemnized the wedding between Gaspar Tagadan and Arlyn Borga,
    despite the knowledge that the groom is merely separated from his first wife. D
    omagtoy claimed that he merely relied on an affidavit sworn before another judge
    , attesting that Tagadans wife has been absent for seven years. Second, it is all
    eged that he performed a marriage ceremony between Floriano Dador Sumaylo and Ge
    mma G. del Rosario outside his courts jurisdiction on October 27, 1994. Domagtoy
    asserted that he solemnized the marriage outside of his jurisdiction upon the re
    quest of the parties.
    ISSUE: Whether or not Domagtoy acted without jurisdiction.
    HELD: Domagtoys defense is untenable and he did display gross ignorance of the la
    w. Tagadan did not institute a summary proceeding for the declaration of his fi
    rst wifes presumptive death rendering his marriage to his first wife subsisting.
    Whether wittingly or unwittingly, it was manifest error on the part of Domagtoy
    to have accepted the joint affidavit submitted by the groom. Such neglect or ign
    orance of the law has resulted in a bigamous, and therefore void, marriage. On t
    he second issue, the request to hold the wedding outside Domagtoys jurisdiction w
    as only done by one party, the bride NOT by both parties. More importantly, unde
    r Art 7 of FC, marriage may be solemnized by, any incumbent member of the judicia
    ry within the courts jurisdiction. Article 8, which is a directory provision, refe
    rs only to the venue of the marriage ceremony and does not alter or qualify the
    authority of the solemnizing officer as provided in the preceding provision. Non
    -compliance herewith will not invalidate the marriage.
    ----------------------
    Presumptive Death - Family Code
    Navarro is the Municipal Mayor of Dapa, Surigao del Norte. He has submitted evid
    ence in relation to two specific acts committed by Municipal Circuit Trial Court
    Judge Hernando Domagtoy, which, he contends, exhibits gross misconduct as well
    as inefficiency in office and ignorance of the law. First, on September 27, 1994
    , respondent judge solemnized the wedding between Gaspar Tagadan and Arlyn Borga
    , despite the knowledge that the groom is merely separated from his first wife.
    Domagtoy claimed that he merely relied on an affidavit acknowledged before him a
    ttesting that Tagadans wife has been absent for seven years. The said affidavit w
    as alleged to have been sworn to before another judge. Second, it is alleged tha
    t he performed a marriage ceremony between Floriano Dador Sumaylo and Gemma G. d
    el Rosario outside his courts jurisdiction on October 27, 1994. Domagtoy counters
    that he solemnized the marriage outside of his jurisdiction upon the request of
    the parties.
    ISSUE: Whether or not Domagtoy acted without jurisdiction.
    HELD: Domagtoys defense is not tenable and he did display gross ignorance of the
    law. Tagadan did not institute a summary proceeding for the declaration of his
    first wifes presumptive death. Absent this judicial declaration, he remains marri
    ed to Ihis former wife. Whether wittingly or unwittingly, it was manifest error
    on the part of Domagtoy to have accepted the joint affidavit submitted by the gr
    oom. Such neglect or ignorance of the law has resulted in a bigamous, and theref
    ore void, marriage. On the second issue, the request to hold the wedding outside
    Domagtoys jurisdiction was only done by one party, the bride NOT by both parties
    . More importantly, the elementary principle underlying this provision is the au
    thority of the solemnizing judge. Under Article 3, one of the formal requisites
    of marriage is the authority of the solemnizing officer. Under Article 7, marriage
    may be solemnized by, among others, any incumbent member of the judiciary within
    the courts jurisdiction. Article 8, which is a directory provision, refers only t
    o the venue of the marriage ceremony and does not alter or qualify the authority
    of the solemnizing officer as provided in the preceding provision. Non-complian
    ce herewith will not invalidate the marriage.

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