Rodolfo G. Navarro vs. Judge Hernando C.

Domagtoy
A.M. No. MTJ-96-1088
July 19, 1996

Romero, J.
Facts:
Navarro initiated an administrative case against
Domagtoy on the ground of gross misconduct,
inefficiency in office and ignorance of the law.
In the complaint filed by herein petitioner, he
stated that respondent judge initiated a marriage
ceremony to a certain Tagadan and Borga.
Tagadan had a wife but based on the affidavit of
Labado and Bullecer presented to MTJ of Basey,
Samar, Duquilla, the wife was already missing for
almost seven years. This prompted Domagtoy to
solemnize a marriage under the belief that
Tagadan’s wife exhibits presumptive death.
Another reason for the filing of the complaint filed and a subsequent error committed will be dealt
by Navarro was solemnizing a marriage between
Sumaylo and del Rosario in Dapa, Surigao del
Norte. Domagtoy is an appointed judge of Sta.
Monica-Burgos, Surigao del Norte which is about
40 kilometers away from the celebration of
marriage between the two.
Ruling:
A declaration of presumptive death must be
obtained in order to contract a subsequent
marriage. It is incorporated in the FC to prevent
subsequent marriages where it is not proven that
previous marriage has been dissolved.
A Judge may solemnize a marriage beyond his
jurisdiction if a party thereto is at the point of
death or are in remote places in accordance with
ART. 29 or upon request of both parties in writing
in a sworn statement to this effect.
Domagtoy has clearly misapplied his knowledge of
the law. He is suspended by a period 6 months
with more severly.

ISSUE:
W/N a husband having been unable to see his wife
for at least 7 years evidenced by a sworn
declaration by private persons constitutes a
presumptive death allowing him to remarry?

W/N a MTJ may celebrate a marriage beyond his

jurisdiction?