You are on page 1of 1

Aranes vs Judge Occiano Facts: Mercedita Aranes filed a charge against Judge Occiano of Balatan Cam Sur for

gross ignorance of the law for initiating her marriage with the late Ret. Commodore Dominador Orobia without a marriage license. In addition to the absence of marriage license, the respondent judge also solemnized their marriage outside the courts jurisdiction Nabua Cam Sur. Since the marriage was null for the lack of requisite, petitioners does not have the right to inherit vast properties of her deceased husband. She was also denied the right to receive the pension of his deceased husband. Judge Occiano in his response, averred that he initially refused to solemnize the marriage due to the absence of a marriage license, however the petitioner insisted the contrary. After solemnization, respondent reiterated the need for the marriage license and warned the parties failure to give it would render the marriage void. Issue: Whether or not respondent erred in solemnizing a marriage without a marriage license and outside his
territorial jurisdiction Held: Yes. Respondent judge should be made liable for solemnizing a marriage without a marriage license . It was established in our jurisprudence specifically in People vs Lara that a marriage which is solemnized before a marriage license is issued is void and that compliance with such requirement after marriage celebration cannot cure the invalidity of the marriage except in cases provided by law. The marriage license gives authority to the solemnizing officer. Hence, respondent judge did not have such authority when he solemnized petitioners marriage. This is a mere irregularity in the formal requisite which does not affect the validity of the marriage but may subject the solemnizing officer to administrative liabilities.

You might also like