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Mercedita Mata Araes v. Judge Salvador Occiano A.M. No. MTJ-021390 (Formerly IPI No. 01-1049) April 11,
2002
Administrative Matter in the Supreme Court.
Gross Ignorance of the Law
FACTS
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MerceditaAraes charges respondent judge with Gross Ignorance of the Law. Respondent is the
Presiding Judge of the Municipal Trial Court of Balatan, Camarines Sur who performed
MarceditaAraes marriage to the late Dominador R. Orobia even without a marriage license.

Since the marriage was a nullity, petitioner could not inherit her late husbands property and receive
pensions.

In his comment dated February 15, 2000, respondent judge averred that a certain Juan Arroyo
requested him to solemnize a marriage of the parties on February 17, 2000 in his sala at the MTC
Balatan. However, on Feb 17, 2000, Arroyo informed him that Orobia had difficulty walking and
could not stand the rigors of traveling to Balatan and requested him to solemnize the marriage in
Nabua, to which request he acceded.

Respondent judge further averred that while carefully examining the documents, respondent judge
discovered that the parties did not possess the marriage license.

He refused to solemnize the marriage and suggested its resetting to another date. But the parties
pleaded and so he proceeded to solemnize the marriage due to human compassion and fear that it
might aggravate the condition of Orobia who just suffered from a stroke.

After the solemnization, he reiterated the necessity of the marriage license and admonished the
parties that failure to give it would render the marriage void.

On September 12, 2001, petitioner filed her Affidavit of Desistance attesting that respondent judge
initially refused to solemnize their marriage.

She confessed that she filed this Administrative case out of rage.

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