Professional Documents
Culture Documents
Art 1-10 FC Cases
Art 1-10 FC Cases
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 2
motive but solely for the purpose of making his birth
records compatible with his present sex.
The sole issue here is whether or not petitioner is
entitled to the relief asked for.
The [c]ourt rules in the affirmative.
Firstly, the [c]ourt is of the opinion that granting the
petition would be more in consonance with the
principles of justice and equity. With his sexual [reassignment], petitioner, who has always felt, thought
and acted like a woman, now possesses the physique of
a female. Petitioners misfortune to be trapped in a
mans body is not his own doing and should not be in
any way taken against him.
Likewise, the [c]ourt believes that no harm, injury [or]
prejudice will be caused to anybody or the community in
granting the petition. On the contrary, granting the
petition would bring the much-awaited happiness on the
part of the petitioner and her [fianc] and the realization
of their dreams.
Finally, no evidence was presented to show any cause or
ground to deny the present petition despite due notice
and publication thereof. Even the State, through the
[OSG] has not seen fit to interpose any [o]pposition.
WHEREFORE, judgment is hereby rendered GRANTING
the petition and ordering the Civil Registrar of Manila to
change the entries appearing in the Certificate of Birth
of [p]etitioner, specifically for petitioners first name
from "Rommel Jacinto" to MELY and petitioners gender
from "Male" to FEMALE. 5
On August 18, 2003, the Republic of the Philippines (Republic),
thru the OSG, filed a petition for certiorari in the Court of
Appeals.6 It alleged that there is no law allowing the change of
entries in the birth certificate by reason of sex alteration.
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 3
ART. 376. No person can change his name or surname
without judicial authority.
This Civil Code provision was amended by RA 9048 (Clerical
Error Law). In particular, Section 1 of RA 9048 provides:
SECTION 1. Authority to Correct Clerical or
Typographical Error and Change of First Name or
Nickname. No entry in a civil register shall be changed
or corrected without a judicial order, except for clerical
or typographical errors and change of first name or
nickname which can be corrected or changed by the
concerned city or municipal civil registrar or consul
general in accordance with the provisions of this Act and
its implementing rules and regulations.
RA 9048 now governs the change of first name. 14 It vests the
power and authority to entertain petitions for change of first
name to the city or municipal civil registrar or consul general
concerned. Under the law, therefore, jurisdiction over
applications for change of first name is now primarily lodged
with the aforementioned administrative officers. The intent and
effect of the law is to exclude the change of first name from
the coverage of Rules 103 (Change of Name) and 108
(Cancellation or Correction of Entries in the Civil Registry) of
the Rules of Court, until and unless an administrative petition
for change of name is first filed and subsequently denied. 15 It
likewise lays down the corresponding venue, 16 form17 and
procedure. In sum, the remedy and the proceedings regulating
change of first name are primarily administrative in nature, not
judicial.
RA 9048 likewise provides the grounds for which change of first
name may be allowed:
SECTION 4. Grounds for Change of First Name or
Nickname. The petition for change of first name or
nickname may be allowed in any of the following cases:
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 4
dismissed petitioners petition in so far as the change of his
first name was concerned.
No Law Allows The Change of Entry In The Birth
Certificate As To Sex On the Ground of Sex
Reassignment
The determination of a persons sex appearing in his birth
certificate is a legal issue and the court must look to the
statutes.21 In this connection, Article 412 of the Civil Code
provides:
ART. 412. No entry in the civil register shall be changed
or corrected without a judicial order.
Together with Article 376 of the Civil Code, this provision was
amended by RA 9048 in so far as clerical or
typographical errors are involved. The correction or change of
such matters can now be made through administrative
proceedings and without the need for a judicial order. In effect,
RA 9048 removed from the ambit of Rule 108 of the Rules of
Court the correction of such errors. 22 Rule 108 now applies only
to substantial changes and corrections in entries in the civil
register.23
Section 2(c) of RA 9048 defines what a "clerical or
typographical error" is:
SECTION 2. Definition of Terms. As used in this Act, the
following terms shall mean:
xxx
xxx
xxx
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 5
something with something else of the same kind or with
something that serves as a substitute."26 The birth certificate
of petitioner contained no error. All entries therein, including
those corresponding to his first name and sex, were all correct.
No correction is necessary.
Article 407 of the Civil Code authorizes the entry in the civil
registry of certain acts (such as legitimations,
acknowledgments of illegitimate children and
naturalization), events (such as births, marriages,
naturalization and deaths) and judicial decrees (such as legal
separations, annulments of marriage, declarations of nullity of
marriages, adoptions, naturalization, loss or recovery of
citizenship, civil interdiction, judicial determination of filiation
and changes of name). These acts, events and judicial decrees
produce legal consequences that touch upon the legal
capacity, status and nationality of a person. Their effects are
expressly sanctioned by the laws. In contrast, sex
reassignment is not among those acts or events mentioned in
Article 407. Neither is it recognized nor even mentioned by any
law, expressly or impliedly.
xxx
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 6
determination of a persons sex made at the time of his or her
birth, if not attended by error, 30 is immutable.31
When words are not defined in a statute they are to be given
their common and ordinary meaning in the absence of a
contrary legislative intent. The words "sex," "male" and
"female" as used in the Civil Register Law and laws concerning
the civil registry (and even all other laws) should therefore be
understood in their common and ordinary usage, there being
no legislative intent to the contrary. In this connection, sex is
defined as "the sum of peculiarities of structure and function
that distinguish a male from a female"32 or "the distinction
between male and female."33 Female is "the sex that produces
ova or bears young"34 and male is "the sex that has organs to
produce spermatozoa for fertilizing ova."35 Thus, the words
"male" and "female" in everyday understanding do not include
persons who have undergone sex reassignment. Furthermore,
"words that are employed in a statute which had at the time a
well-known meaning are presumed to have been used in that
sense unless the context compels to the contrary." 36 Since the
statutory language of the Civil Register Law was enacted in the
early 1900s and remains unchanged, it cannot be argued that
the term "sex" as used then is something alterable through
surgery or something that allows a post-operative male-tofemale transsexual to be included in the category "female."
For these reasons, while petitioner may have succeeded in
altering his body and appearance through the intervention of
modern surgery, no law authorizes the change of entry as to
sex in the civil registry for that reason. Thus, there is no legal
basis for his petition for the correction or change of the entries
in his birth certificate.
Neither May Entries in the Birth Certificate As to First
Name or Sex Be Changed on the Ground of Equity
The trial court opined that its grant of the petition was in
consonance with the principles of justice and equity. It believed
that allowing the petition would cause no harm, injury or
prejudice to anyone. This is wrong.
The changes sought by petitioner will have serious and wideranging legal and public policy consequences. First, even the
trial court itself found that the petition was but petitioners first
step towards his eventual marriage to his male fianc.
However, marriage, one of the most sacred social institutions,
is a special contract of permanent union between a man and a
woman.37 One of its essential requisites is the legal capacity of
the contracting parties who must be a male and a female.38 To
grant the changes sought by petitioner will substantially
reconfigure and greatly alter the laws on marriage and family
relations. It will allow the union of a man with another man
who has undergone sex reassignment (a male-to-female postoperative transsexual). Second, there are various laws which
apply particularly to women such as the provisions of the Labor
Code on employment of women,39 certain felonies under the
Revised Penal Code40 and the presumption of survivorship in
case of calamities under Rule 131 of the Rules of
Court,41 among others. These laws underscore the public policy
in relation to women which could be substantially affected if
petitioners petition were to be granted.
It is true that Article 9 of the Civil Code mandates that "[n]o
judge or court shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the law." However, it is
not a license for courts to engage in judicial legislation. The
duty of the courts is to apply or interpret the law, not to make
or amend it.
In our system of government, it is for the legislature, should it
choose to do so, to determine what guidelines should govern
the recognition of the effects of sex reassignment. The need
for legislative guidelines becomes particularly important in this
case where the claims asserted are statute-based.
To reiterate, the statutes define who may file petitions for
change of first name and for correction or change of entries in
the civil registry, where they may be filed, what grounds may
be invoked, what proof must be presented and what
procedures shall be observed. If the legislature intends to
confer on a person who has undergone sex reassignment the
privilege to change his name and sex to conform with his
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 7
reassigned sex, it has to enact legislation laying down the
guidelines in turn governing the conferment of that privilege.
It might be theoretically possible for this Court to write a
protocol on when a person may be recognized as having
successfully changed his sex. However, this Court has no
authority to fashion a law on that matter, or on anything else.
The Court cannot enact a law where no law exists. It can only
apply or interpret the written word of its co-equal branch of
government, Congress.
Petitioner pleads that "[t]he unfortunates are also entitled to a
life of happiness, contentment and [the] realization of their
dreams." No argument about that. The Court recognizes that
there are people whose preferences and orientation do not fit
neatly into the commonly recognized parameters of social
convention and that, at least for them, life is indeed an ordeal.
However, the remedies petitioner seeks involve questions of
public policy to be addressed solely by the legislature, not by
the courts.
WHEREFORE, the petition is hereby DENIED.
Costs against petitioner.
SO ORDERED.
My presence will go with you, and I will give you rest. (Exodus
33:14)
FILIPINA Y. SY, petitioner, vs. THE HONORABLE COURT
OF APPEALS, THE HONORABLE REGIONAL TRIAL COURT,
SAN FERNANDO, PAMPANGA, BRANCH XLI, and
FERNANDO SY, respondents.
QUISUMBING, J.:
For review is the decision[1] dated May 21, 1996 of the Court of
Appeals in CA-G.R. CV No. 44144, which affirmed the
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 8
testified that in the afternoon of May 15, 1988, she went to the
dental clinic at Masangkay, Tondo, Manila, owned by her
husband but operated by his mistress, to fetch her son and
bring him to San Fernando, Pampanga. While she was talking
to her son, the boy ignored her and continued playing with the
family computer. Filipina got mad, took the computer away
from her son, and started spanking him. At that instance,
Fernando pulled Filipina away from their son, and punched her
in the different parts of her body. Filipina also claimed that her
husband started choking her when she fell on the floor, and
released her only when he thought she was dead. Filipina
suffered from hematoma and contusions on different parts of
her body as a result of the blows inflicted by her husband,
evidenced by a Medical Certificate issued by a certain Dr.
James Ferraren. She said it was not the first time Fernando
maltreated her.[11]
The Regional Trial Court of Manila, however, in its
decision[12] dated April 26, 1990, convicted Fernando only of
the lesser crime of slight physical injuries, and sentenced him
to 20 days imprisonment. Edpmis
Petitioner later filed a new action for legal separation against
private respondent, docketed as Civil Case No. 8273,on the
following grounds: (1) repeated physical violence; (2) sexual
infidelity; (3) attempt by respondent against her life; and (4)
abandonment of her by her husband without justifiable cause
for more than one year. The Regional Trial Court of San
Fernando, Pampanga, in its decision[13] dated December
4,1991, granted the petition on the grounds of repeated
physical violence and sexual infidelity, and issued a decree of
legal separation. It awarded custody of their daughter Farrah
Sheryll to petitioner, and their son Frederick to respondent.
On August 4, 1992, Filipina filed a petition [14] for the declaration
of absolute nullity of her marriage to Fernando on the ground
of psychological incapacity. She points out that the final
judgment rendered by the Regional Trial Court in her favor, in
her petitions for separation of property and legal separation,
and Fernando's infliction of physical violence on her which
led to the conviction of her husband for slight physical injuries
P e r s o n s a n d Fa m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( Fa m i l y C o d e ) P a g e | 9
Hence, this appeal by certiorari[21] wherein petitioner now
raises the following issues: Jurismis
1. WHETHER OR NOT THE HONORABLE COURT OF
APPEALS MANIFESTLY OVERLOOKED THE FACT
THAT ON THE DATE OF THE CELEBRATION OF THE
PARTIES' MARRIAGE ON NOVEMBER 15, 1973, NOT
DISPUTED BY RESPONDENT FERNANDO, THERE
WAS NO MARRIAGE LICENSE THERETO;
2. WHETHER OR NOT THE HONORABLE COURT OF
APPEALS COMMITTED MISAPPREHENSION OF
FACTS BY STATING THAT THE GROUNDS RELIED
UPON BY APPELLANT [herein petitioner] DO NOT
CONSTITUTE PSYCHOLOGICAL INCAPACITY AS
WOULD JUSTIFY NULLIFICATION OF HER
MARRIAGE TO APPELLEE [herein respondent];
3. WHETHER OR NOT THE HONORABLE COURT OF
APPEALS COMMITTED MISAPPREHENSION OF
FACTS BY STATING THAT APPELLANT FAILED TO
SHOW THAT THE ALLEGED UNDESIRABLE
ACTUATIONS OF APPELLEE HAD EXISTED OR
WERE PRESENT AT THE TIME THEIR MARRIAGE
WAS CELEBRATED IN 1973; Jjjuris
4. WHETHER OR NOT THE HONORABLE COURT OF
APPEALS COMMITTED GRAVE ABUSE OF
DISCRETION IN AFFIRMING THE ERRONEOUS
RULING OF THE LOWER COURT THAT THERE IS A
REDEEMING ATTITUDE SHOWN TO THE COURT BY
RESPONDENT FERNANDO WITH RESPECT TO HIS
CHILDREN AND ALSO BELIEVES THAT
RECONCILIATION BETWEEN THE PARTIES IS NOT A
REMOTE POSSIBILITY WHICH IS ERRONEOUS; AND
5.WHETHER OR NOT THE CASE OF SANTOS
V.COURT OF APPEALS (240 SCRA
20) IS APPLICABLE HERETO.[22]
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 10
beginning, she points out that these critical dates were
contained in the documents she submitted before the court.
The date of issue of the marriage license and marriage
certificate, September 17, 1974, is contained in their marriage
contract which was attached as Annex "A" in her petition for
declaration of absolute nullity of marriage before the trial
court, and thereafter marked as Exhibit "A" in the course of the
trial.[26] The date of celebration of their marriage at Our Lady of
Lourdes, Sta. Teresita Parish, on November 15, 1973, is
admitted both by petitioner and private respondent, as stated
in paragraph three of petitioner's petition for the declaration of
absolute nullity of marriage before the trial court, and private
respondent's answer admitting it.[27] This fact was also affirmed
by petitioner, in open court, on January 22, 1993, during her
direct examination,[28] as follows: Es m
ATTY. RAZON: In the last hearing, you said that
you were married on November 15,1973?
FILIPINA SY: Yes, Sir.
November 15, 1973, also appears as the date of marriage of
the parents in both their son's and daughter's birth certificates,
which are also attached as Annexes " B" and "C" in the petition
for declaration of absolute nullity of marriage before the trial
court, and thereafter marked as Exhibits "B" and "C" in the
course of the trial.[29] These pieces of evidence on record
plainly and indubitably show that on the day of the marriage
ceremony, there was no marriage license. A marriage license is
a formal requirement; its absence renders the marriage void
ab initio. In addition, the marriage contract shows that the
marriage license, numbered 6237519, was issued in Carmona,
Cavite, yet, neither petitioner nor private respondent ever
resided in Carmona. [30]
Carefully reviewing the documents and the pleadings on
record, we find that indeed petitioner did not expressly state in
her petition before the trial court that there was incongruity
between the date of the actual celebration of their marriage
and the date of the issuance of their marriage license. From
the documents she presented, the marriage license was issued
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 11
declared void ab initio for lack of marriage license at the time
of celebration. No pronouncement as to costs.
SO ORDERED.
The eternal God is your refuge, and underneath are the
everlasting arms. (Deuteronomy 33:27)
G.R. No. 103047 September 2, 1994
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
COURT OF APPEALS AND ANGELINA M.
CASTRO, respondents.
Parungao, Abesamis, Eleazar & Pulgar Law Offices for private
respondent.
PUNO, J.:
The case at bench originated from a petition filed by private
respondent Angelina M. Castro in the Regional Trial Court of
Quezon City seeking a judicial declaration of nullity of her
marriage to Edwin F. Cardenas. 1 As ground therefor, Castro
claims that no marriage license was ever issued to them prior
to the solemnization of their marriage.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 12
(Sgd) CENONA D. QUINTOS
Senior Civil Registry Officer
Castro testified that she did not go to the civil registrar of Pasig
on or before June 24, 1970 in order to apply for a license.
Neither did she sign any application therefor. She affixed her
signature only on the marriage contract on June 24, 1970 in
Pasay City.
The trial court denied the petition. It held that the above
certification was inadequate to establish the alleged nonissuance of a marriage license prior to the celebration of the
marriage between the parties. It ruled that the "inability of the
certifying official to locate the marriage license is not
conclusive to show that there was no marriage license issued."
Unsatisfied with the decision, Castro appealed to respondent
appellate court. She insisted that the certification from the
local civil registrar sufficiently established the absence of a
marriage license.
As stated earlier, respondent appellate court reversed the
Decision of the trial court. 3 It declared the marriage between
the contracting parties null and void and directed the Civil
Registrar of Pasig to cancel the subject marriage contract.
Hence this petition for review on certiorari.
Petitioner Republic of the Philippines urges that respondent
appellate court erred when it ruled that the certification issued
by the civil registrar that marriage license no. 3196182 was
not in their record adequately proved that no such license was
ever issued. Petitioner also faults the respondent court for
relying on the self-serving and uncorroborated testimony of
private respondent Castro that she had no part in the
procurement of the subject marriage license. Petitioner thus
insists that the certification and the uncorroborated testimony
of private respondent are insufficient to overthrow the legal
presumption regarding the validity of a marriage.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 13
accompanied by a certificate as above provided,
is admissible as evidence that the records of his
office contain no such record or entry.
The above Rule authorized the custodian of documents to
certify that despite diligent search, a particular document does
not exist in his office or that a particular entry of a specified
tenor was not to be found in a register. As custodians of public
documents, civil registrars are public officers charged with the
duty, inter alia, of maintaining a register book where they are
required to enter all applications for marriage licenses,
including the names of the applicants, the date the marriage
license was issued and such other relevant data. 6
SO ORDERED.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 14
Regional Trial Court (RTC) of Makati City, in Civil Case No. 941285 dated 25 January 2002.
In a Complaint3 dated 28 March 1994 filed by Jaime O. Sevilla
before the RTC, he claimed that on 19 May 1969, through
machinations, duress and intimidation employed upon him by
Carmelita N. Cardenas and the latter's father, retired Colonel
Jose Cardenas of the Armed forces of the Philippines, he and
Carmelita went to the City Hall of Manila and they were
introduced to a certain Reverend Cirilo D. Gonzales, a
supposed Minister of the Gospel. On the said date, the father
of Carmelita caused him and Carmelita to sign a marriage
contract before the said Minister of the Gospel. According to
Jaime, he never applied for a marriage license for his supposed
marriage to Carmelita and never did they obtain any marriage
license from any Civil Registry, consequently, no marriage
license was presented to the solemnizing officer.
For her part, Carmelita refuted these allegations of Jaime, and
claims that she and Jaime were married civilly on 19 May
1969,4 and in a church ceremony thereafter on 31 May
19695 at the Most Holy Redeemer Parish in Quezon City. Both
marriages were registered with the local civil registry of Manila
and the National Statistics Office. He is estopped from invoking
the lack of marriage license after having been married to her
for 25 years.
The trial court made the following findings:
In support of his complaint, plaintiff [Jaime] testified that
on May 19, 1969, he and defendant [Carmelita]
appeared before a certain Rev. Cirilo D. Gonzales, a
Minister of the Gospel, at the city hall in Manila where
they executed a Marriage Contract (Exh. "A") in civil
rites. A certain Godofredo Occena who, plaintiff alleged,
was an aide of defendant's father accompanied them,
and who, together with another person, stood as witness
to the civil wedding. That although marriage license no.
2770792 allegedly issued in San Juan, Rizal on May 19,
1969 was indicated in the marriage contract, the same
was fictitious for he never applied for any marriage
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 15
Certifications dated March 4, 1994 (Exh. "I"), and March
11, 1994 (Exh. "E") and September 20, 1994 (Exh. "C"),
that "no marriage license no. 2770792 was ever issued
by that office." Upon his inquiry, the Holy Redeemer
Parish Church issued him a certified copy of the
marriage contract of plaintiff and defendant (Exh. "F")
and a Certificate of Marriage dated April 11, 1994 (Exh.
"G"), wherein it noted that it was a "purely religious
ceremony, having been civilly married on May 19, 1969
at the City Hall, Manila, under Marriage License No.
2770792 issued at San Juan, Rizal on May 19, 1969."
Perlita Mercader, Registration Officer III of the Local
Registry of San Juan, identified the Certificates dated
March 4, 1994, March 11, 1994 and September 20, 1994
issued by Rafael Aliscad, Jr., the Local Civil Registrar,
and testified that their office failed to locate the book
wherein marriage license no. 2770792 may have been
registered (TSN, 8-6-96, p. 5).
Defendant Carmelita Cardenas testified that she and
plaintiff had a steady romantic relationship after they
met and were introduced to each other in October 1968.
A model, she was compelled by her family to join the
Mutya ng Pilipinas beauty pageant when plaintiff who
was afraid to lose her, asked her to run away with him to
Baguio. Because she loved plaintiff, she turned back on
her family and decided to follow plaintiff in Baguio.
When they came back to Manila, she and plaintiff
proceeded to the latter's home in Brixton Hills where
plaintiff's mother, Mrs. Sevilla, told her not to worry. Her
parents were hostile when they learned of the
elopement, but Mrs. Sevilla convinced them that she will
take care of everything, and promised to support
plaintiff and defendant. As plaintiff was still fearful he
may lose her, he asked her to marry him in civil rites,
without the knowledge of her family, more so her father
(TSN, 5-28-98, p. 4) on May 19, 1969, before a minister
and where she was made to sign documents. After the
civil wedding, they had lunch and later each went home
separately. On May 31, 1969, they had the church
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 16
lived with him and his wife ever since. His grandsons
practically grew up under his care and guidance, and he
has supported his daughter's expenses for medicines
and hospital confinements (Exhs. "9" and "10").
Victoria Cardenas Navarro, defendant's sister, testified
and corroborated that it was plaintiff's family that
attended to all the preparations and arrangements for
the church wedding of her sister with plaintiff, and that
she didn't know that the couple wed in civil rites some
time prior to the church wedding. She also stated that
she and her parents were still civil with the plaintiff
inspite of the marital differences between plaintiff and
defendant.
As adverse witness for the defendant, plaintiff testified
that because of irreconcilable differences with defendant
and in order for them to live their own lives, they agreed
to divorce each other; that when he applied for and
obtained a divorce decree in the United States on June
14, 1983 (Exh. "13"), it was with the knowledge and
consent of defendant who in fact authorized a certain
Atty. Quisumbing to represent her (TSN, 12-7-2000, p.
21). During his adverse testimony, plaintiff identified a
recent certification dated July 25, 2000 (Exh. "EE")
issued by the Local Civil Registrar of San Juan, that the
marriage license no. 2770792, the same marriage
license appearing in the marriage contract (Exh. "A"), is
inexistent, thus appears to be fictitious. 6
In its Decision dated 25 January 2002, declaring the nullity of
the marriage of the parties, the trial court made the following
justifications:
Thus, being one of the essential requisites for the
validity of the marriage, the lack or absence of a license
renders the marriage void ab initio. It was shown under
the various certifications (Exhs. "I", "E", and "C") earlier
issued by the office of the Local Civil Registrar of the
Municipality of San Juan, and the more recent one issued
on July 25, 2000 (Exh. "EE") that no marriage license no.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 17
In this case, We note that a certain Perlita Mercader of
the local civil registry of San Juan testified that
they "failed to locate the book wherein marriage
license no. 2770792 is registered," for the reason
that "the employee handling is already
retired." With said testimony We cannot therefore just
presume that the marriage license specified in the
parties' marriage contract was not issued for in the end
the failure of the office of the local civil registrar of San
Juan to produce a copy of the marriage license was
attributable not to the fact that no such marriage license
was issued but rather, because it "failed to locate the
book wherein marriage license no. 2770792 is
registered." Simply put, if the pertinent book were
available for scrutiny, there is a strong possibility that it
would have contained an entry on marriage license no.
2720792.
xxxx
Indeed, this Court is not prepared to annul the parties'
marriage on the basis of a mere perception of plaintiff
that his union with defendant is defective with respect
to an essential requisite of a marriage contract, a
perception that ultimately was not substantiated with
facts on record.8
Jaime filed a Motion for Reconsideration dated 6 January 2005
which the Court of Appeals denied in a Resolution dated 6 April
2005.
This denial gave rise to the present Petition filed by Jaime.
He raises the following issues for Resolution.
1. Whether or not a valid marriage license was issued in
accordance with law to the parties herein prior to the
celebration of the marriages in question;
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 18
of suspicion, as in the present case, the certification
issued by the local civil registrar enjoys probative value,
he being the officer charged under the law to keep a
record of all date relative to the issuance of a marriage
license.
Such being the case, the presumed validity of the
marriage of petitioner and the deceased has been
sufficiently overcome. It then became the burden of
petitioner to prove that their marriage is valid and that
they secured the required marriage license. Although
she was declared in default before the trial court,
petitioner could have squarely met the issue and
explained the absence of a marriage license in her
pleadings before the Court of Appeals and this Court.
But petitioner conveniently avoided the issue and chose
to refrain from pursuing an argument that will put her
case in jeopardy. Hence, the presumed validity of their
marriage cannot stand.
It is beyond cavil, therefore, that the marriage between
petitioner Susan Nicdao and the deceased, having been
solemnized without the necessary marriage license, and
not being one of the marriages exempt from the
marriage license requirement, is undoubtedly void ab
initio.
The foregoing Decision giving probative value to the
certifications issued by the Local Civil Registrar should be read
in line with the decision in the earlier case of Republic v. Court
of Appeals,14 where it was held that:
The above Rule authorized the custodian of
documents to certify that despite diligent search, a
particular document does not exist in his office or
that a particular entry of a specified tenor was
not to be found in a register. As custodians of public
documents, civil registrars are public officers charged
with the duty, inter alia, of maintaining a register book
where they are required to enter all applications for
marriage licenses, including the names of the
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 19
(SGD)RAFAEL D. ALISCAD, JR.
Local Civil Registrar
The second certification 17 was dated 20 September 1994 and
provides:
TO WHOM IT MAY CONCERN:
This is to certify that no marriage license Number
2770792 were ever issued by this Office with regards to
Marriage License Number 2880792, we exert all effort
but we cannot find the said number.
Hope and understand our loaded work cannot give you
our full force locating the above problem.
San Juan, Metro Manila
September 20, 1994
(SGD)RAFAEL D. ALISCAD, JR.
Local Civil Registrar
The third Certification,18 issued on 25 July 2000, states:
TO WHOM IT MAY CONCERN:
This is to certify that according to the records of this
office, no Marriage License Application was filed and no
Marriage License No. 2770792 allegedly dated May 19,
1969 was issued by this Office to MR. JAIME O. SEVILLA
and MS. CARMELITA CARDENAS-SEVILLA.
This is to further certify that the said application and
license do not exist in our Local Civil Registry Index and,
therefore, appear to be fictitious.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 20
A I brought may 19, 1969, sir.
Q Is that the book requested of you under no. 3 of the
request for subpoena?
A Meron pang January. I forgot, January . . .
Q Did you bring that with you?
Q Why not?
A No, sir.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 21
Finally, the rule is settled that every intendment of the law or
fact leans toward the validity of the marriage, the
indissolubility of the marriage bonds. 23 The courts look upon
this presumption with great favor. It is not to be lightly
repelled; on the contrary, the presumption is of great weight. 24
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 22
Branch 215 of the Regional Trial Court of Quezon City (trial
court) in Criminal Case No. Q-04-129031.
was held and both the prosecution and defense entered the
doubt.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 23
knew that Rowena P. Geraldino knew of her marriage with
Evidence for the Prosecution
"xxx (W)itness Jesusa Pinat Nollora xxx testified that she and
accused Atilano O. Nollora, Jr. met in Saudi Arabia while she
was working there as a Staff Midwife in King Abdulah Naval
Base Hospital. Atilano O. Nollora, Jr. courted her and on April 6,
1999, they got married at the [IE] MELIF Chruch [sic] in Sapang
Palay, San Jose del Monte, Bulacan (Exhibit `A'). While working
in said hospital, she heard rumors that her husband has
another wife and because of anxiety and emotional stress, she
left Saudi Arabia and returned to the Philippines (TSN, October
4, 2005, page 10). Upon arrival in the Philippines, the private
complainant learned that indeed, Atilano O. Nollora, Jr.
contracted a second marriage with co-accused Rowena P.
Geraldino on December 8, 2001 (Exhibit `B') when she secured
a certification as to the civil status of Atilano O. Nollora, Jr.
(Exhibit `C') from the National Statistics Office (NSO) sometime
in November 2003.
Upon learning this information, the private complainant
confronted Rowena P. Geraldino at the latter's workplace in
CBW, FTI, Taguig and asked her if she knew of the first
marriage between complainant and Atilano O. Nollora, Jr. to
which Rowena P. Geraldino allegedly affirmed and despite this
knowledge, she allegedly still married Atilano O. Nollora, Jr.
because she loves him so much and because they were
neighbors and childhood friends. Private complainant also
together with a friend and she heard everything that they were
talking about.
Because of this case, private complainant was not able to
return to Saudi Arabia to work as a Staff Midwife thereby losing
income opportunity in the amount of P34,000.00 a month,
more or less. When asked about the moral damages she
suffered, she declared that what happened to her was a
tragedy and she had entertained [thoughts] of committing
suicide. She added that because of what happened to her, her
mother died and she almost got raped when Atilano O. Nollora,
Jr. left her alone in their residence in Saudi Arabia. However,
she declared that money is not enough to assuage her
sufferings. Instead, she just asked for the return of her money
in the amount of P50,000.00 (TSN, July 26, 2005, pages 4-14).
Prosecution witness Ruth Santos testified that she knew of the
marriage between the private complainant and Atilano O.
Nollora, Jr., because she was one of the sponsors in said
wedding. Sometime in November 2003, she was asked by the
private complainant to accompany the latter to the workplace
of Rowena P. Geraldino in FTI, Taguig, Metro Manila. She
declared that the private complainant and Rowena P. Geraldino
had a confrontation and she heard that Rowena P. Geraldino
admitted that she (Rowena) knew of the first marriage of
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 24
Atilano O. Nollora, Jr. and the private complainant but she still
this fact when he was courting her in Saudi Arabia and the
reason why said private complainant filed the instant case was
Geraldino was not aware of his first marriage with the private
complainant and he did not tell her this fact because Rowena P.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 25
development.
Nollora and only came to know her when this case was filed.
She insists that she is the one lawfully married to Atilano O.
In the year 2004, Atilano O. Nollora, Jr. visited him and asked
she asked Atilano O. Nollora, Jr. if he was single and the latter
responded that he was single. She also knew that her husband
Muslim convert. She also claimed that after learning that her
of the first Muslim wife be secured. Thus, if the first wife is not
also got married in accordance with the Muslim rites. She also
loved him very much. She insisted that she only came to know
first marriage but was aware of the second. Since his second
The trial court stated that there are only two exceptions to
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 26
Muslim Personal Laws of the Philippines, or Presidential Decree
No. 1083. The trial court also cited Article 27 of the Code of
wife: "[N]o Muslim male can have more than one wife unless
cases."
thus:
first wife. The argument that notice to the first wife is not
required since she is not a Muslim is of no moment. This
obligation to notify the said court rests upon accused Atilano
Nollora, Jr. It is not for him to interpret the Shari'a law. It is the
Shari'a Court that has this authority.
In an apparent attempt to escape criminal liability, the accused
recelebrated their marriage in accordance with the Muslim
rites. However, this can no longer cure the criminal liability
that has already been violated.
The Court, however, finds criminal liability on the person of
accused Atilano Nollora, Jr., only. There is no sufficient evidence
that would pin accused Rowena P. Geraldino down. The
evidence presented by the prosecution against her is the
allegation that she knew of the first marriage between private
complainant and Atilano Nollora, Jr., is insufficient[,] being
open to several interpretations. Private complainant alleged
that when she was brought by Atilano Nollora, Jr., to the latter's
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 27
house in Taguig, Metro Manila, Rowena P. Geraldino was there
standing near the door and heard their conversation. From this
SO ORDERED.[9]
Nollora filed a brief with the appellate court and assigned only
vs. Austria, 195 SCRA 700). This Court, therefore, has to acquit
Rowena P. Geraldino for failure of the prosecution to prove her
guilt beyond reasonable doubt.
WHEREFORE, premises considered, judgment is hereby
rendered, as follows:
a) Finding accused ATILANO O. NOLLORA, JR. guilty beyond
reasonable doubt of the crime of Bigamy punishable under
Article 349 of the Revised Penal Code. This court hereby
renders judgment imposing upon him a prison term of two (2)
years, four (4) months and one (1) day of prision correccional,
as minimum of his indeterminate sentence, to eight (8) years
and one (1) day of prision mayor, as maximum, plus accessory
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 28
In a Resolution[12] dated 23 February 2010, the appellate court
Code.
Nollora filed the present petition for review before this Court on
6 April 2010.
The Issue
The issue in this case is whether Nollora is guilty beyond
reasonable doubt of the crime of bigamy.
The Court's Ruling
Nollora's petition has no merit. We affirm the rulings of the
appellate court and of the trial court.
Elements of Bigamy
Article 349 of the Revised Penal Code provides:
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 29
A certification dated 4 November 2003 from the Office of the
Civil Registrar General reads:
We certify that ATILANO JR O. NOLLORA who is alleged to have
been born on February 22, 1968 from ATILANO M. NOLLORA SR
and FLAVIANA OCLARIT, appears in our National Indices of
Marriage for Groom for the years 1973 to 2002 with the
following information:
Date of Marriage
Place of Marriage
Before the trial and appellate courts, Nollora put up his Muslim
x x x.
Art. 14. Nature. - Marriage is not only a civil contract but a civil
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 30
solemnized:
(b) Upon the authority of the proper wali, by any person who is
solemnization.
[ATTY. CALDINO:]
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 31
xxx
A: Yes, ma'am.
Q: If you would die for your new religion, why did you allow
contract?
xxx
[A:] I don't think there is anything wrong with it, I just signed it
so we can get married under the Catholic rights [sic] because
after that we even got married under the [M]uslim rights [sic],
your Honor.
xxx
Q: Under your Muslim faith, if you marry a second wife, are you
required under your faith to secure the permission of your first
Q: Did you secure that permission from your first wife, Jesusa
Nollora?
xxx
A: I was not able to ask any permission from her because she
[PROSECUTOR TAYLOR:]
was very mad at me, at the start, she was always very mad,
ma'am.[ 23]
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 32
validity of his marriage to Geraldino. Nollora may not impugn
his marriage to Geraldino in order to extricate himself from
criminal liability; otherwise, we would be opening the doors to
allowing the solemnization of multiple flawed marriage
DECISION
QUISUMBING, J.:
This petition for review on certiorari seeks to reverse the
decision[1] dated October 21, 1999 of the Court of Appeals in
CA-G.R. CR No. 20700, which affirmed the judgment [2] dated
August 5, 1996 of the Regional Trial Court (RTC) of Bohol,
Branch 4, in Criminal Case No. 8688. The trial court found
herein petitioner Lucio Morigo y Cacho guilty beyond
reasonable doubt of bigamy and sentenced him to a prison
term of seven (7) months of prision correccional as minimum
to six (6) years and one (1) day of prision mayor as maximum.
Also assailed in this petition is the resolution [3] of the appellate
court, dated September 25, 2000, denying Morigos motion for
reconsideration.
The facts of this case, as found by the court a quo, are as
follows:
Appellant Lucio Morigo and Lucia Barrete were boardmates at
the house of Catalina Tortor at Tagbilaran City, Province of
Bohol, for a period of four (4) years (from 1974-1978).
After school year 1977-78, Lucio Morigo and Lucia Barrete lost
contact with each other.
In 1984, Lucio Morigo was surprised to receive a card from
Lucia Barrete from Singapore. The former replied and after an
exchange of letters, they became sweethearts.
In 1986, Lucia returned to the Philippines but left again for
Canada to work there. While in Canada, they maintained
constant communication.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 33
In 1990, Lucia came back to the Philippines and proposed to
petition appellant to join her in Canada. Both agreed to get
married, thus they were married on August 30, 1990 at
the Iglesia de Filipina Nacional at Catagdaan, Pilar, Bohol.
On September 8, 1990, Lucia reported back to her work in
Canada leaving appellant Lucio behind.
On August 19, 1991, Lucia filed with the Ontario Court (General
Division) a petition for divorce against appellant which was
granted by the court on January 17, 1992 and to take effect on
February 17, 1992.
On October 4, 1992, appellant Lucio Morigo married Maria
Jececha Lumbago[4] at the Virgen sa Barangay Parish,
Tagbilaran City, Bohol.
On September 21, 1993, accused filed a complaint for judicial
declaration of nullity of marriage in the Regional Trial Court of
Bohol, docketed as Civil Case No. 6020. The complaint seek
(sic) among others, the declaration of nullity of accuseds
marriage with Lucia, on the ground that no marriage ceremony
actually took place.
On October 19, 1993, appellant was charged with Bigamy in an
Information[5] filed by the City Prosecutor of Tagbilaran [City],
with the Regional Trial Court of Bohol. [6]
The petitioner moved for suspension of the arraignment on
the ground that the civil case for judicial nullification of his
marriage with Lucia posed a prejudicial question in the bigamy
case. His motion was granted, but subsequently denied upon
motion for reconsideration by the prosecution. When arraigned
in the bigamy case, which was docketed as Criminal Case No.
8688, herein petitioner pleaded not guilty to the charge. Trial
thereafter ensued.
On August 5, 1996, the RTC of Bohol handed down its
judgment in Criminal Case No. 8688, as follows:
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 34
On October 21, 1999, the appellate court decided CA-G.R.
CR No. 20700 as follows:
WHEREFORE, finding no error in the appealed decision, the
same is hereby AFFIRMED in toto.
SO ORDERED.[11]
In affirming the assailed judgment of conviction, the
appellate court stressed that the subsequent declaration of
nullity of Lucios marriage to Lucia in Civil Case No. 6020 could
not acquit Lucio. The reason is that what is sought to be
punished by Article 349[12] of the Revised Penal Code is the act
of contracting a second marriage before the first marriage had
been dissolved. Hence, the CA held, the fact that the first
marriage was void from the beginning is not a valid defense in
a bigamy case.
The Court of Appeals also pointed out that the divorce
decree obtained by Lucia from the Canadian court could not be
accorded validity in the Philippines, pursuant to Article 15 [13] of
the Civil Code and given the fact that it is contrary to public
policy in this jurisdiction. Under Article 17 [14] of the Civil Code,
a declaration of public policy cannot be rendered ineffectual by
a judgment promulgated in a foreign jurisdiction.
Petitioner moved for reconsideration of the appellate
courts decision, contending that the doctrine in Mendiola v.
People,[15] allows mistake upon a difficult question of law (such
as the effect of a foreign divorce decree) to be a basis for good
faith.
On September 25, 2000, the appellate court denied the
motion for lack of merit.[16] However, the denial was by a split
vote. The ponente of the appellate courts original decision in
CA-G.R. CR No. 20700, Justice Eugenio S. Labitoria, joined in
the opinion prepared by Justice Bernardo P. Abesamis. The
dissent observed that as the first marriage was validly
declared void ab initio, then there was no first marriage to
speak of. Since the date of the nullity retroacts to the date of
the first marriage and since herein petitioner was, in the eyes
A.
WHETHER OR NOT THE COURT OF APPEALS ERRED IN FAILING
TO APPLY THE RULE THAT IN CRIMES PENALIZED UNDER THE
REVISED PENAL CODE, CRIMINAL INTENT IS AN INDISPENSABLE
REQUISITE. COROLLARILY, WHETHER OR NOT THE COURT OF
APPEALS ERRED IN FAILING TO APPRECIATE [THE]
PETITIONERS LACK OF CRIMINAL INTENT WHEN HE
CONTRACTED THE SECOND MARRIAGE.
B.
WHETHER OR NOT THE COURT OF APPEALS ERRED IN HOLDING
THAT THE RULING IN PEOPLE VS. BITDU (58 PHIL. 817) IS
APPLICABLE TO THE CASE AT BAR.
C.
WHETHER OR NOT THE COURT OF APPEALS ERRED IN FAILING
TO APPLY THE RULE THAT EACH AND EVERY CIRCUMSTANCE
FAVORING THE INNOCENCE OF THE ACCUSED MUST BE TAKEN
INTO ACCOUNT.[17]
To our mind, the primordial issue should be whether or not
petitioner committed bigamy and if so, whether his defense of
good faith is valid.
The petitioner submits that he should not be faulted for
relying in good faith upon the divorce decree of the Ontario
court. He highlights the fact that he contracted the second
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 35
marriage openly and publicly, which a person intent upon
bigamy would not be doing. The petitioner further argues that
his lack of criminal intent is material to a conviction or
acquittal in the instant case. The crime of bigamy, just like
other felonies punished under the Revised Penal Code, is mala
in se, and hence, good faith and lack of criminal intent are
allowed as a complete defense. He stresses that there is a
difference between the intent to commit the crime and the
intent to perpetrate the act. Hence, it does not necessarily
follow that his intention to contract a second marriage is
tantamount to an intent to commit bigamy.
For the respondent, the Office of the Solicitor General
(OSG) submits that good faith in the instant case is a
convenient but flimsy excuse. The Solicitor General relies upon
our ruling inMarbella-Bobis v. Bobis,[18] which held that bigamy
can be successfully prosecuted provided all the elements
concur, stressing that under Article 40[19] of the Family Code, a
judicial declaration of nullity is a must before a party may remarry. Whether or not the petitioner was aware of said Article
40 is of no account as everyone is presumed to know the law.
The OSG counters that petitioners contention that he was in
good faith because he relied on the divorce decree of the
Ontario court is negated by his act of filing Civil Case No. 6020,
seeking a judicial declaration of nullity of his marriage to Lucia.
Before we delve into petitioners defense of good faith and
lack of criminal intent, we must first determine whether all the
elements of bigamy are present in this case. In Marbella-Bobis
v. Bobis,[20] we laid down the elements of bigamy thus:
(1) the offender has been legally married;
(2) the first marriage has not been legally dissolved, or in
case his or her spouse is absent, the absent spouse
has not been judicially declared presumptively dead;
(3) he contracts a subsequent marriage; and
(4) the subsequent marriage would have been valid had it
not been for the existence of the first.
Applying the foregoing test to the instant case, we note
that during the pendency of CA-G.R. CR No. 20700, the RTC of
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 36
crime of bigamy, it is but logical that a conviction for said
offense cannot be sustained where there is no first marriage to
speak of. The petitioner, must, perforce be acquitted of the
instant charge.
The present case is analogous to, but must be
distinguished from Mercado v. Tan.[25] In the latter case, the
judicial declaration of nullity of the first marriage was likewise
obtained after the second marriage was already celebrated.
We held therein that:
A judicial declaration of nullity of a previous marriage is
necessary before a subsequent one can be legally contracted.
One who enters into a subsequent marriage without first
obtaining such judicial declaration is guilty of bigamy. This
principle applies even if the earlier union is characterized by
statutes as void.[26]
It bears stressing though that in Mercado, the first
marriage was actually solemnized not just once, but twice: first
before a judge where a marriage certificate was duly issued
and then again six months later before a priest in religious
rites. Ostensibly, at least, the first marriage appeared to have
transpired, although later declared void ab initio.
In the instant case, however, no marriage ceremony at all
was performed by a duly authorized solemnizing officer.
Petitioner and Lucia Barrete merely signed a marriage contract
on their own. The mere private act of signing a marriage
contract bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity. Such act alone, without
more, cannot be deemed to constitute an ostensibly valid
marriage for which petitioner might be held liable for bigamy
unless he first secures a judicial declaration of nullity before he
contracts a subsequent marriage.
The law abhors an injustice and the Court is mandated to
liberally construe a penal statute in favor of an accused and
weigh every circumstance in favor of the presumption of
innocence to ensure that justice is done. Under the
circumstances of the present case, we held that petitioner has
not committed bigamy. Further, we also find that we need not
THIRD DIVISION
RESTITUTO M. ALCANTARA,
Petitioner,
- versus -
YNARES-SANTIAGO, J.,
Chairperson,
AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA, and
REYES, JJ.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 37
DECISION
CHICO-NAZARIO, J.:
Before
this
Court
is
a
Petition
for
Review
on Certiorari filed by petitioner Restituto Alcantara assailing
the Decision[1] of the Court of Appeals dated 30 September
2004 in CA-G.R. CV No. 66724 denying petitioners appeal and
affirming the decision[2] of the Regional Trial Court (RTC)
of Makati City, Branch 143, in Civil Case No. 97-1325 dated 14
February 2000, dismissing his petition for annulment of
marriage.
The antecedent facts are:
[3]
merit;
2.
Petitioner is ordered to pay
respondent the sum of twenty thousand pesos
(P20,000.00) per month as support for their two
(2) children on the first five (5) days of each
month; and
3.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 38
presumption. Moreover, the parties marriage contract being a
public document is a prima facie proof of the questioned
marriage under Section 44, Rule 130 of the Rules of Court. [13]
In his Petition before this Court, petitioner raises the
following issues for resolution:
a.
The
Honorable
Court
of
Appeals
committed a reversible error when it ruled
that the Petition for Annulment has no legal
and factual basis despite the evidence on
record that there was no marriage license
at the precise moment of the solemnization
of the marriage.
b.
The
Honorable
Court
of
Appeals
committed a reversible error when it gave
weight to the Marriage License No.
7054133 despite the fact that the same
was not identified and offered as evidence
during the trial, and was not the Marriage
license number appearing on the face of
the marriage contract.
c.
d.
The
Honorable
Court
of
Appeals
committed a reversible error when it failed
to apply the ruling laid down by this
Honorable Court in the case of Sy vs. Court
of Appeals. (G.R. No. 127263, 12 April
2000 [330 SCRA 550]).
The
Honorable
Court
of
Appeals
committed a reversible error when it failed
to relax the observance of procedural rules
to protect and promote the substantial
rights of the party litigants.[14]
(2)
parties;
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 39
(4)
A marriage license, except in a
marriage of exceptional character.
The requirement and issuance of a marriage license is
the States demonstration of its involvement and participation
in every marriage, in the maintenance of which the general
public is interested.[21]
Petitioner cannot insist on the absence of a marriage
license to impugn the validity of his marriage. The cases
where the court considered the absence of a marriage license
as a ground for considering the marriage void are clear-cut.
In Republic of the Philippines v. Court of Appeals,[22] the
Local Civil Registrar issued a certification of due search and
inability to find a record or entry to the effect that Marriage
License No. 3196182 was issued to the parties. The Court held
that the certification of due search and inability to find a
record or entry as to the purported marriage license, issued by
the Civil Registrar of Pasig, enjoys probative value, he being
the officer charged under the law to keep a record of all data
relative to the issuance of a marriage license. Based on said
certification, the Court held that there is absence of a marriage
license that would render the marriage void ab initio.
In Cario v. Cario,[23] the Court considered the marriage
of therein petitioner Susan Nicdao and the deceased Santiago
S. Carino as void ab initio. The records reveal that the
marriage contract of petitioner and the deceased bears no
marriage license number and, as certified by the Local Civil
Registrar of San Juan, Metro Manila, their office has no record
of such marriage license. The court held that the certification
issued by the local civil registrar is adequate to prove the nonissuance of the marriage license. Their marriage having been
solemnized without the necessary marriage license and not
being one of the marriages exempt from the marriage license
requirement, the marriage of the petitioner and the deceased
is undoubtedly void ab initio.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 40
marriage license was done in the regular conduct of official
business.[27] The presumption of regularity of official acts may
be rebutted by affirmative evidence of irregularity or failure to
perform a duty. However, the presumption prevails until it is
overcome by no less than clear and convincing evidence to the
contrary. Thus, unless the presumption is rebutted, it becomes
conclusive. Every reasonable intendment will be made in
support of the presumption and, in case of doubt as to an
officers act being lawful or unlawful, construction should be in
favor of its lawfulness.[28] Significantly, apart from these,
petitioner, by counsel, admitted that a marriage license was,
indeed, issued in Carmona, Cavite.[29]
Petitioner, in a faint attempt to demolish the probative
value of the marriage license, claims that neither he nor
respondent is a resident of Carmona, Cavite. Even then, we
still hold that there is no sufficient basis to annul petitioner and
respondents marriage. Issuance of a marriage license in a city
or municipality, not the residence of either of the contracting
parties, and issuance of a marriage license despite the
absence of publication or prior to the completion of the 10-day
period for publication are considered mere irregularities that
do not affect the validity of the marriage.[30] An irregularity in
any of the formal requisites of marriage does not affect its
validity but the party or parties responsible for the irregularity
are civilly, criminally and administratively liable.[31]
Again, petitioner harps on the discrepancy between the
marriage license number in the certification of the Municipal
Civil Registrar, which states that the marriage license issued to
the parties is No. 7054133, while the marriage contract states
that the marriage license number of the parties is number
7054033. Once more, this argument fails to sway us. It is not
impossible to assume that the same is a mere a typographical
error, as a closer scrutiny of the marriage contract reveals the
overlapping of the numbers 0 and 1, such that the marriage
license may read either as 7054133 or 7054033. It therefore
does not detract from our conclusion regarding the existence
and issuance of said marriage license to the parties.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 41
WITNESS
I dont remember your honor.
COURT
Were you asked by the church to present a
Marriage License?
WITNESS
I think they asked us for documents and I
said we have already a Marriage Contract
and I dont know if it is good enough for the
marriage and they accepted it your honor.
COURT
In other words, you represented to the San
Jose de Manuguit church that you have with
you already a Marriage Contract?
WITNESS
Yes your honor.
COURT
That
is
why
the
San
Jose
de Manuguit church copied the same
marriage License in the Marriage Contract
issued which Marriage License is Number
7054033.
WITNESS
Yes your honor.[35]
SO ORDERED.
I sought the Lord, and he answered me, and delivered me from
all my fears. (Psalm 34:4)
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 42
JUVY N. COSCA, EDMUNDO B. PERALTA, RAMON C.
SAMBO, and APOLLO A. VILLAMORA, complainants,
vs.
HON. LUCIO P. PALAYPAYON, JR., Presiding Judge, and
NELIA B. ESMERALDA-BAROY, Clerk of Court II, both of
the Municipal Trial Court of Tinambac, Camarines
Sur, respondents.
Esteban R. Abonal for complainants.
Haide B. Vista-Gumba for respondents.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 43
marriage contracts in preparation for this administrative case.
Complainant Sambo, however, claims that all file copies of the
marriage contracts were kept by respondent Baroy, but the
latter insists that she had instructed Sambo to follow up the
submission by the contracting parties of their marriage
licenses as part of his duties but he failed to do so.
they have notarized only six (6) documents for July, 1992, but
the Notarial Register will show that there were one hundred
thirteen (113) documents which were notarized during that
month; and that respondents reported a notarial fee of only
P18.50 for each document, although in fact they collected
P20.00 therefor and failed to account for the difference.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 44
that he is not the one supervising or preparing the monthly
report, and that he merely has the ministerial duty to sign the
same.
3. Bribery in consideration of an appointment in
the court
Complainants allege that because of the retirement of the
clerk of court, respondent judge forwarded to the Supreme
Court the applications of Rodel Abogado, Ramon Sambo, and
Jessell Abiog. However, they were surprised when respondent
Baroy reported for duty as clerk of court on October 21, 1991.
They later found out that respondent Baroy was the one
appointed because she gave a brand-new air-conditioning unit
to respondent judge.
Respondent Baroy claims that when she was still in Naga City
she purchased an air-conditioning unit but when she was
appointed clerk of court she had to transfer to Tinambac and,
since she no longer needed the air conditioner, she decided to
sell the same to respondent judge. The installation and use
thereof by the latter in his office was with the consent of the
Mayor of Tinambac.
Respondent judge contends that he endorsed all the
applications for the position of clerk of court to the Supreme
Court which has the sole authority over such appointments
and that he had no hand in the appointment of respondent
Baroy. He contends that the air-conditioning unit was bought
from his
co-respondent on installment basis on May 29, 1992, eight (8)
months after Baroy had been appointed clerk of court. He
claims that he would not be that naive to exhibit to the public
as item which could not be defended as a matter of honor and
prestige.
4. Cash bond issued without a receipt
It is alleged that in Criminal Case No. 5438, entitled "People vs.
Mendeza, et al., "bondswoman Januaria Dacara was allowed by
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 45
Finally, respondents are charged with collecting docket fees
from the Rural Bank of Tinambac, Camarines Sur, Inc. although
such entity is exempt by law from the payment of said fees,
and that while the corresponding receipt was issued,
respondent Baroy failed to remit the amount to the Supreme
Court and, instead, she deposited the same in her personal
account.
Respondents Baroy contends that it was Judge-Designate
Felimon Montenegro (because respondent judge was on sick
leave) who instructed her to demand payment of docket fees
from said rural bank; that the bank issued a check for P800.00;
that she was not allowed by the Philippine National Bank to
encash the check and, instead, was instructed to deposit the
same in any bank account for clearing; that respondent
deposited the same in her account; and that after the check
was cleared, she remitted P400.00 to the Supreme Court and
the other P400.00 was paid to the Municipal Treasurer of
Tinambac.
On the basis of the foregoing contentions, First Vice-Executive
Judge Antonio N. Gerona prepared and submitted to us his
Report and Recommendations dated May 20, 1994, together
with the administrative matter. We have perspicaciously
reviewed the same and we are favorably impressed by the
thorough and exhaustive presentation and analysis of the facts
and evidence in said report. We commend the investigating
judge for his industry and perspicacity reflected by his findings
in said report which, being amply substantiated by the
evidence and supported by logical illations, we hereby approve
and hereunder reproduce at length the material portions
thereof.
xxx xxx xxx
The first charge against the respondents is illegal
solemnization of marriage. Judge Palaypayon is
charged with having solemnized without a
marriage license the marriage of Sammy Bocaya
and Gina Besmonte (Exh. A). Alano Abellano and
Nelly Edralin (Exh. B), Francisco Selpo and Julieta
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 46
Judge Palaypayon denied that he solemnized the
marriage of Bocaya and Besmonte because the
parties allegedly did not have a marriage license.
He declared that in fact he did not sign the
marriage certificate, there was no date stated on
it and both the parties and the Local Civil
Registrar did not have a copy of the marriage
certificate.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 47
Palaypayon should ha(ve) been aware of this
when he solemnized their marriage as it was his
duty to ascertain the qualification of the
contracting parties who might ha(ve) executed a
false joint affidavit in order to have an instant
marriage by avoiding the marriage license
requirement.
On May 23, 1992, however, after this case was
already filed, Judge Palaypayon married again
Abellano and Edralin, this time with a marriage
license (Exh. BB). The explanation given by Judge
Palaypayon why he solemnized the marriage of
the same couple for the second time is that he did
not consider the first marriage he solemnized
under Article 34 of the Family Code as (a)
marriage at all because complainant Ramon
Sambo did not follow his instruction that the date
should be placed in the marriage certificate to
show when he solemnized the marriage and that
the contracting parties were not furnished a copy
of their marriage certificate.
This act of Judge Palaypayon of solemnizing the
marriage of Abellano and Edralin for the second
time with a marriage license already only gave
rise to the suspicion that the first time he
solemnized the marriage it was only made to
appear that it was solemnized under exceptional
character as there was not marriage license and
Judge Palaypayon had already signed the
marriage certificate. If it was true that he
solemnized the first marriage under exceptional
character where a marriage license was not
required, why did he already require the parties to
have a marriage license when he solemnized their
marriage for the second time?
The explanation of Judge Palaypayon that the first
marriage of Abellano and Edralin was not a
marriage at all as the marriage certificate did not
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 48
was also paid as shown by a receipt dated June 7,
1992 and signed by respondent Baroy (Exh. F-4).
Judge Palaypayon also denied having solemnized
the marriage of Gamay and Belga allegedly
because there was no marriage license. On her
part, respondent Baroy at first denied that the
marriage was solemnized. When she was asked,
however, why did she sign the marriage contract
as a witness she answered that she thought the
marriage was already solemnized (TSN, p. 14; 1028-93).
Respondent Baroy was, and is, the clerk of court
of Judge Palaypayon. She signed the marriage
contract of Gamay and Belga as one of the two
principal sponsors. Yet, she wanted to give the
impression that she did not even know that the
marriage was solemnized by Judge Palaypayon.
This is found very difficult to believe.
Judge Palaypayon made the same denial of
having solemnized also the marriage of Terrobias
and Gaor (Exh. D). The contracting parties and
their witnesses also signed the marriage contract
and paid the solemnization fee, but Judge
Palaypayon allegedly did not solemnize their
marriage due to lack of marriage license. Judge
Palaypayon submitted the affidavit of William
Medina, Vice-Mayor of Tinambac, to corroborate
his testimony (Exh. 14). Medina, however, did not
testify in this case and so his affidavit has no
probative value.
Judge Palaypayon testified that his procedure and
practice have been that before the contracting
parties and their witnesses enter his chamber in
order to get married, he already required
complainant Ramon Sambo to whom he assigned
the task of preparing the marriage contract, to
already let the parties and their witnesses sign
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 49
In this first charge of having illegally solemnized
marriages, respondent Judge Palaypayon has
presented and marked in evidence several
marriage contracts of other persons, affidavits of
persons and certification issued by the Local Civil
Registrar (Exhs. 12-B to 12-H). These persons who
executed affidavits, however, did not testify in
this case. Besides, the marriage contracts and
certification mentioned are immaterial as Judge
Palaypayon is not charged of having solemnized
these marriages illegally also. He is not charged
that the marriages he solemnized were all illegal.
The second charge against herein respondents,
that of having falsified the monthly report of
cases submitted to the Supreme Court and not
stating in the monthly report the actual number of
documents notarized and issuing the
corresponding receipts of the notarial fees, have
been sufficiently proven by the complainants
insofar as the monthly report of cases for July and
September, 1992 are concerned.
The monthly report of cases of the MTC of
Tinambac, Camarines Sur for July, 1992 both
signed by the respondents, show that for said
month there were six (6) documents notarized by
Judge Palaypayon in his capacity as Ex-Officio
Notary Public (Exhs. H to H-1-b). The notarial
register of the MTC of Tinambac, Camarines Sur,
however, shows that there were actually one
hundred thirteen (113) documents notarized by
Judge Palaypayon for the said month (Exhs. Q to
Q-45).
Judge Palaypayon claims that there was no
falsification of the monthly report of cases for July,
1992 because there were only six (6) notarized
documents that were paid (for) as shown by
official receipts. He did not, however, present
evidence of the alleged official receipts showing
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 50
Assuming that respondent Baroy assigned the
preparation of the monthly report of cases to
Sambo, which was denied by the latter as he
claims that he only typed the monthly report
based on the data given to him by her, still it is
her duty to verify and check whether the report is
correct.
The explanation of respondent Baroy that Sambo
was the one in custody of marriage contracts,
notarized documents and notarial register, among
other things, is not acceptable not only because
as clerk of court she was supposed to be in
custody, control and supervision of all court
records including documents and other properties
of the court (p. 32, Manual for Clerks of Court),
but she herself admitted that from January, 1992
she was already in full control of all the records of
the court including receipts (TSN, p. 11; 11-2393).
The evidence adduced in this cases in connection
with the charge of falsification, however, also
shows that respondent Baroy did not account for
what happened to the notarial fees received for
those documents notarized during the month of
July and September, 1992. The evidence adduced
in this case also sufficiently show that she
received cash bond deposits and she did not
deposit them to a bank or to the Municipal
Treasurer; and that she only issued temporary
receipts for said cash bond deposits.
For July, 1992 there were only six (6) documents
reported to have been notarized by Judge
Palaypayon although the documents notarized for
said month were actually one hundred thirteen
(113) as recorded in the notarial register. For
September, 1992, there were only five (5)
documents reported as notarized for that month,
though the notarial register show(s) that there
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 51
September, 1992 already. Besides there never
was any demand she made for Sambo to turn
over some notarial fees supposedly in his
possession. Neither was there any memorandum
she issued on this matter, in spite of the fact that
she has been holding meetings and issuing
memoranda to the personnel of the court (Exhs.
V, W, FF, FF-1, FF-2, FF-3; Exhs. 4-A
(supplement(s), 5-8, 6-S, 7-S and 8-S).
It is admitted by respondent Baroy that on
October 29, 1991 a cash bond deposit of a certain
Dacara in the amount of One Thousand
(P1,000.00) Pesos was turned over to her after
she assumed office and for this cash bond she
issued only a temporary receipt (Exh. Y). She did
not deposit this cash bond in any bank or to the
Municipal Treasurer. She just kept it in her own
cash box on the alleged ground that the parties in
that case where the cash bond was deposited
informed her that they would settle the case
amicably.
Respondent Baroy declared that she finally
deposited the aforementioned cash bond of One
Thousand (P1,000.00) Pesos with the Land Bank
of the Philippines (LBP) in February, 1993, after
this administrative case was already filed (TSN,
pp. 27-28; 12-22-93). The Pass Book, however,
shows that actually Baroy opened an account with
the LBP, Naga Branch, only on March 26, 1993
when she deposited an amount of Two Thousand
(P2,000.00) Pesos (Exhs. 8 to 8-1-a). She claims
that One Thousand (P1,000.000) Pesos of the
initial deposit was the cash bond of Dacara. If it
were true, it was only after keeping to herself the
cash bond of One Thousand (P1,000.00) Pesos for
around one year and five months when she finally
deposited it because of the filing of this case.
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 52
The next charge against the respondents is that in
order to be appointed Clerk of Court, Baroy gave
Judge Palaypayon an air conditioner as a gift. The
evidence adduced with respect to this charge,
show that on August 24, 1991 Baroy bought an air
conditioner for the sum of Seventeen Thousand
Six Hundred (P17,600.00) Pesos (Exhs. I and I-1).
The same was paid partly in cash and in check
(Exhs. I-2 and I-3). When the air conditioner was
brought to court in order to be installed in the
chamber of Judge Palaypayon, it was still placed
in the same box when it was bought and was not
used yet.
The respondents claim that Baroy sold it to Judge
Palaypayon for Twenty Thousand (P20,00.00)
Pesos on installment basis with a down payment
of Five Thousand (P5,000.00) Pesos and as proof
thereof the respondents presented a typewritten
receipt dated May 29, 1993 (Exh. 22). The receipt
was signed by both respondents and by the
Municipal Mayor of Tinambac, Camarines Sur and
another person as witness.
The alleged sale between respondents is not
beyond suspicion. It was bought by Baroy at a
time when she was applying for the vacant
position of Clerk of Court (to) which she was
eventually appointed in October, 1991. From the
time she bought the air conditioner on August 24,
1991 until it was installed in the office of Judge
Palaypayon it was not used yet. The sale to Judge
Palaypayon was only evidenced by a mere
typewritten receipt dated May 29, 1992 when this
case was already filed. The receipt could have
been easily prepared. The Municipal Mayor of
Tinambac who signed in the receipt as a witness
did not testify in this case. The sale is between
the Clerk of Court and the Judge of the same
court. All these circumstances give rise to
suspicion of at least impropriety. Judges should
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 53
municipal jail Alex Alano where he was under
detention and said accused escaped while in the
custody of Judge Palaypayon.
The order, however, of Judge Palaypayon dated
April 6, 1992 in Crim. Case No. 5047 archiving
said case appears to be without basis. The order
states: "this case was filed on April 12, 1991 and
the records show that the warrant of arrest (was)
issued against the accused, but up to this
moment there is no return of service for the
warrant of arrest issued against said accused"
(Exh. 0-4). The records of said case, however,
show that in fact there was a return of the service
of the warrant of arrest dated April 12, 1991
showing that Alano and Adupe were arrested
(Exh. 0-3).
Judge Palaypayon explained that his order dated
April 6, 1992 archiving Crim. Case No. 5047
referred only to one of the accused who remained
at large. The explanation cannot be accepted
because the two other accused, Alano and Adupe,
were arrested. Judge Palaypayon should have
issued an order for the arrest of Adupe who
allegedly jumped bail, but Alano was supposed to
be confined in the municipal jail if his claim is true
that he did not take custody of Alano.
The explanation also of Judge Palaypayon why he
ordered the case archived was because he heard
from the police that Alano escaped. This
explanation is not acceptable either. He should
ha(ve) set the case and if the police failed to
bring to court Alano, the former should have been
required to explain in writing why Alano was not
brought to court. If the explanation was that
Alano escaped from jail, he should have issued an
order for his arrest. It is only later on when he
could not be arrested when the case should have
been ordered archived. The order archiving this
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 54
threatening the bank to have its cases be
submitted to the court in order to have them
dismissed. Here the payment of the filing fees
was made on February 4, 1992, but the Four
Hundred (P400.00) Pesos was only turned over to
the Municipal Treasurer on March 12, 1992. Here,
there is an undue delay again in complying with
her obligation as accountable officer.
In view of the foregoing findings that the evidence
presented by the complainants sufficiently show
that respondent Judge Lucio P. Palaypayon, Jr. had
solemnized marriages, particularly that of Sammy
Bocaya and Gina Besmonte, without a marriage
license, and that it having been shown that he did
not comply with his duty in closely supervising his
clerk of court in the preparation of the monthly
report of cases being submitted to the Supreme
Court, particularly for the months of July and
September, 1992 where it has been proven that
the reports for said two (2) months were falsified
with respect to the number of documents
notarized, it is respectfully recommended that he
be imposed a fine of TEN THOUSAND
(P10,000.00) PESOS with a warning that the same
or similar offenses will be more severely dealt
with.
The fact that Judge Palaypayon did not sign the
marriage contracts or certificates of those
marriages he solemnized without a marriage
license, there were no dates placed in the
marriage contracts to show when they were
solemnized, the contracting parties were not
furnished their marriage contracts and the Local
Civil Registrar was not being sent any copy of the
marriage contract, will not absolve him from
liability. By solemnizing alone a marriage without
a marriage license he as the solemnizing officer is
the one responsible for the irregularity in not
complying (with) the formal requ(i)sites of
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 55
withdrawing said cash bond of One Thousand
(P1,000.00) Pesos on April 29, 1993 without any
court order or authority and redepositing it only
on July 23, 1993; for receiving a cash bond of
Three Thousand (P3,000.00) Pesos from Alfredo
Seprones in Crim. Case No. 5180, MTC, Tinambac,
Camarines Sur, for which she issued only an
unnumbered temporary receipt (Exhs. X and X-1)
and for not depositing it with a bank or with the
Municipal Treasurer until it was ordered released;
and for requiring the Rural Bank of Tinambac,
Camarines Sur to pay filing fees on February 4,
1992 for collection cases filed against farmers in
the amount of Four Hundred (P400.00) Pesos, but
turning over said amount to the Municipal
Treasurer only on March 12, 1992, it is
respectfully recommended that said respondent
clerk of court Nelia Esmeralda-Baroy be dismissed
from the service.
It is provided that "Withdrawal of court deposits
shall be by the clerk of court who shall issue
official receipt to the provincial, city or municipal
treasurer for the amount withdrawn. Court
deposits cannot be withdrawn except by order of
the court, . . . ." (Revised Manual of Instructions
for Treasurers, Sec. 183, 184 and 626; p. 127,
Manual for Clerks of Court). A circular also
provides that the Clerks of Court shall
immediately issue an official receipt upon receipt
of deposits from party litigants and thereafter
deposit intact the collection with the municipal,
city or provincial treasurer and their deposits, can
only be withdrawn upon proper receipt and order
of the Court (DOJ Circular No. 52, 26 April 1968; p.
136, Manual for Clerks of Court). Supreme Court
Memorandum Circular No. 5, 25 November 1982,
also provides that "all collections of funds of
fiduciary character including rental deposits, shall
be deposited immediately by the clerk of court
concerned upon receipt thereof with City,
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 56
characterized by propriety and decorum but, above all else,
must be beyond suspicion. Every employee should be an
example of integrity, uprightness and honesty. 5 Integrity in a
judicial office is more than a virtue, it is a necessity. 6 It
applies, without qualification as to rank or position, from the
judge to the least of its personnel, they being standard-bearers
of the exacting norms of ethics and morality imposed upon a
Court of justice.
On the charge regarding illegal marriages the Family Code
pertinently provides that the formal requisites of marriage
are, inter alia, a valid marriage license except in the cases
provided for therein. 7 Complementarily, it declares that the
absence of any of the essential or formal requisites shall
generally render the marriage void ab initio and that, while an
irregularity in the formal requisites shall not affect the validity
of the marriage, the party or parties responsible for the
irregularity shall be civilly, criminally and administratively
liable. 8
The civil aspect is addressed to the contracting parties and
those affected by the illegal marriages, and what we are
providing for herein pertains to the administrative liability of
respondents, all without prejudice to their criminal
responsibility. The Revised Penal Code provides that "(p)riests
or ministers of any religious denomination or sect, or civil
authorities who shall perform or authorize any illegal marriage
ceremony shall be punished in accordance with the provisions
of the Marriage Law." 9 This is of course, within the province of
the prosecutorial agencies of the Government.
The recommendation with respect to the administrative
sanction to be imposed on respondent judge should, therefore,
be modified. For one, with respect to the charge of illegal
solemnization of marriages, it does appear that he had not
taken to heart, but actually trifled with, the law's concern for
the institution of marriage and the legal effects flowing from
civil status. This, and his undeniable participation in the other
offenses charged as hereinbefore narrated in detail,
approximate such serious degree of misconduct and of gross
MERCEDITA
MATA
ARAES, petitioner, vs. JUDGE
SALVADOR M. OCCIANO, respondent.
DECISION
PUNO, J.:
Petitioner Mercedita Mata Araes charges respondent
judge with Gross Ignorance of the Law via a sworn LetterComplaint dated 23 May 2001. Respondent is the Presiding
Judge of the Municipal Trial Court of Balatan, Camarines Sur.
Petitioner alleges that on 17 February 2000, respondent judge
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 57
solemnized her marriage to her late groom Dominador B.
Orobia without the requisite marriage license and at Nabua,
Camarines Sur which is outside his territorial jurisdiction.
They lived together as husband and wife on the strength of
this marriage until her husband passed away. However, since
the marriage was a nullity, petitioners right to inherit the vast
properties left by Orobia was not recognized. She was likewise
deprived of receiving the pensions of Orobia, a retired
Commodore of the Philippine Navy.
Petitioner prays that sanctions be imposed against
respondent judge for his illegal acts and unethical
misrepresentations which allegedly caused her so much
hardships, embarrassment and sufferings.
On 28 May 2001, the case was referred by the Office of the
Chief Justice to then Acting Court Administrator Zenaida N.
Elepao for appropriate action. On 8 June 2001, the Office of
the Court Administrator required respondent judge to
comment.
In his Comment dated 5 July 2001, respondent judge
averred that he was requested by a certain Juan Arroyo on 15
February 2000 to solemnize the marriage of the parties on 17
February 2000. Having been assured that all the documents to
the marriage were complete, he agreed to solemnize the
marriage in his sala at the Municipal Trial Court of Balatan,
Camarines Sur. However, on 17 February 2000, Arroyo
informed him that Orobia had a difficulty walking and could not
stand the rigors of travelling to Balatan which is located almost
25 kilometers from his residence in Nabua. Arroyo then
requested if respondent judge could solemnize the marriage in
Nabua, to which request he acceded.
Respondent judge further avers that before he started the
ceremony, he carefully examined the documents submitted to
him by petitioner. When he discovered that the parties did not
possess the requisite marriage license, he refused to solemnize
the marriage and suggested its resetting to another date.
However, due to the earnest pleas of the parties, the influx of
visitors, and the delivery of provisions for the occasion, he
proceeded to solemnize the marriage out of human
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 58
On 8 May 2001, petitioner sought the assistance of
respondent judge so the latter could communicate with the
Office of the Local Civil Registrar of Nabua, Camarines Sur for
the issuance of her marriage license. Respondent judge wrote
the Local Civil Registrar of Nabua, Camarines Sur. In a letter
dated 9 May 2001, a Clerk of said office, Grace T. Escobal,
informed respondent judge that their office cannot issue the
marriage license due to the failure of Orobia to submit the
Death Certificate of his previous spouse.
We agree.
Under the Judiciary Reorganization Act of 1980, or B.P.129,
the authority of the regional trial court judges and judges of
inferior courts to solemnize marriages is confined to their
territorial jurisdiction as defined by the Supreme Court.
The case at bar is not without precedent. In Navarro vs.
Domagtoy,[1] respondent judge held office and had jurisdiction
in the Municipal Circuit Trial Court of Sta. Monica-Burgos,
Surigao del Norte. However, he solemnized a wedding at his
residence in the municipality of Dapa, Surigao del Norte which
did not fall within the jurisdictional area of the municipalities of
Sta. Monica and Burgos. We held that:
A priest who is commissioned and allowed by his local
ordinance to marry the faithful is authorized to do so only
within the area or diocese or place allowed by his Bishop. An
appellate court Justice or a Justice of this Court has jurisdiction
over the entire Philippines to solemnize marriages, regardless
of the venue, as long as the requisites of the law are complied
with. However, judges who are appointed to specific
jurisdictions, may officiate in weddings only within said
areas and not beyond. Where a judge solemnizes a
marriage outside his courts jurisdiction, there is a
resultant irregularity in the formal requisite laid down
P e r s o n s a n d F a m i l y R e l a t i o n s A r t i c l e 1 - 1 0 ( F a m i l y C o d e ) P a g e | 59
Respondent judge cannot be exculpated despite the
Affidavit of Desistance filed by petitioner. This Court has
consistently held in a catena of cases that the withdrawal of
the complaint does not necessarily have the legal effect of
exonerating respondent from disciplinary action. Otherwise,
the prompt and fair administration of justice, as well as the
discipline of court personnel, would be undermined.
[5]
Disciplinary actions of this nature do not involve purely
private or personal matters. They can not be made to depend
upon the will of every complainant who may, for one reason or
another, condone a detestable act. We cannot be bound by the
unilateral act of a complainant in a matter which involves the
Courts constitutional power to discipline judges. Otherwise,
that power may be put to naught, undermine the trust
character of a public office and impair the integrity and dignity
of this Court as a disciplining authority. [6]
WHEREFORE, respondent Judge Salvador M. Occiano,
Presiding Judge of the Municipal Trial Court of Balatan,
Camarines Sur, is fined P5,000.00 pesos with a STERN
WARNING that a repetition of the same or similar offense in the
future will be dealt with more severely.
SO ORDERED.
When the righteous cry for help, the Lord hears, and rescues
them from all their troubles. (Psalm 34:17)