JUVY N. COSCA et al. vs. HON. LUCIO P. PALAYPAYON, JR. et al.

A.M. No. MTJ-92-721 September 30, 1994

Facts:

Complainants allege that respondent judge solemnized marriages even without the
requisite marriage license. Thus, couples were able to get married by the simple
expedient of paying the marriage fees to respondent Baroy, despite the absence of a
marriage license, In addition, respondent judge did not sign their marriage contracts and
did not indicate the date of solemnization, the reason being that he allegedly had to wait
for the marriage license to be submitted by the parties which was usually several days
after the ceremony. Indubitably, the marriage contracts were not filed with the local civil
registrar.

Issue:

WON the marriages are valid.

Ruling:

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. 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.