Cosca vs Palaypayon

237 SCRA 249 | Sept. 30, 1994

J. Per Curiam

Fact:

Cosca filed a complaint for alleged multiple offenses by the Respondent Judge for failure to perform Court
duties and unbecoming of an officer of the law. Such offense is the solemnization of marriages without the
requisite of a marriage license by several couples. Several couples were able to obtain marriage by the simple
expedient of payment of the marriage fees to Respondent Clerk of Court, despite the absence of a marriage
license. Respondent Judge also did not sign the marriage contracts and that there was no written indication of the
date of the solemnizations, the reason being that he allegedly had to wait for the licenses to be submitted by the
parties which were usually several days after the ceremony. The marriage contracts were not also delivered and
filed with the local civil registrar.

Issue:

Were the marriages solemnized by Respondent Judge to be considered as valid?

Held:

No, the Family Code of the Philippines stipulates the formal requisite of a marriage license before the
solemnization of marriages. Otherwise it shall be considered as a void ab initio marriage.

The Respondent Judge is charged of illegal solemnization of marriages.