Article 1-73 of the Family Code of the PhilippineJune 23, 2009Case Digests
Article 3- Formal Requisites of Marriage/ Authority of Solemnizing OfficerCase: Zenaida Beso vs Judge Juan Daguman, MCTC, Sta. Margarita-Tarangan-PagsanjanNature:
Zenaida S. Beso charged Judge Juan J. Daguman, Jr.,
for solemnizing marriage outsideof his jurisdiction and of negligence in not retaining a copy and not registering themarriage contract with the office of the Local Registrar.
The respondent acting as asolemnizing officer solemnized the wedding of the pertitioner and his fiancée in Calbayog City. The judge having jurisdiction only in Sta. Margarita, Samar.
After the wedding the husband abandoned the petitioner, Smelling something fishythe petitioner went to the local civil registrar to search for the marriage documentsbut to no avail her marriage was no registered.
Petitioner went to the judge to search forthe marriage documents but said judge did not possess the documents, it was in fact within thepossession of the husband and he left no copy to the judge.
Whether or not the marriage was valid?Whether or not the judge was authorized to solemnize the marriage in this case?Whether or not the judge is duty bound to process the papers for registering themarriage?
With regard to the solemnization of marriage, Article 7 of the Family Code provides, amongothers, thatArt. 7.
Marriage my be solemnized by
:(1) Any incumbent member of the judiciary within the court's jurisdictionIn relation thereto, Article 8 of the same statute mandates that:Art. 8. The marriage shall be solemnized publicly in the
chambers of the judge or inopen court, in the church, chapel or temple, or in the office of the counsel-general, consul or vice-consul, as the case may be, and not elsewhere
except incases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code, or were both parties request the solemnizing officer in writing inwhich case the marriage may be solemnized at a house or place designated by them in asworn statement to that effect
.As the above-quoted provision clearly states,
a marriage can be held outside the judge'schambers or courtroom only in the following instances: 1.]
at the point of death