RODOLFO G. NAVARRO v.

JUDGE HERNANDO DOMAGTOY

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

FACTS:
Rodolfo filed this complaint for the gross misconduct of Judge Domagtoy who solemnized the marriage of Gaspar and Arlyn
despite the knowledge that the groom is merely separated from his first wife and performed a marriage ceremony between
Floriano and Gemma outside his Courts jurisdiction. Conversely, Judge Domagtoy seeks exculpation solemnizing the marriage of
Gaspar, a married man separated from his wife and Arlyn for merely relying in the affidavit issued by the MTC Judge of Basey
confirming the fact that Gaspar and his wife have not seen each other for almost seven years. With respect to the second
charge, he maintains that in solemnizing the marriage between Floriano and Gemma, is only in accordance to the exceptions on
Article 8 of the Family Code.

ISSUE:
Whether or not the acts of Judge Domagtoy exhibits gross misconduct, inefficiency in office and ignorance of the law.

HELD:
Gaspar did not institute a summary proceeding for the declaration of his first wife’s presumptive death. Absent this judicial
declaration, he remains married to Ida Penaranda. It was manifest error on the part of Judge Domagtoy to have accepted the
joint affidavit. Such neglect or ignorance of the law has resulted in a bigamous marriage and therefore void.

In as much as Judge Domagtoy’s jurisdiction covers the municipalities of Sta. Monica and Burgos, he was also not clothed with
authority to solemnize a marriage in Dapa, Surigao del Norte. By citing Article 8 and the exceptions therein as grounds for the
exercise of his misplaced authority, respondent judge again demonstrated a lack of understanding of the basic principles of civil
law

Because of the respondent’s failure to apply the legal principles applicable in these cases, the Court finds respondent to have
acted in gross ignorance of the law because of this he is suspended for a period of six months.