BORJA-MANZANO V.

SANCHEZ

Facts:

Herminia Borja Manzano was married to David Manzano on May 21, 1996.
However, David contracted another marriage with Luzviminda Payao before
respondent Judge Sanchez. Clearly stated in the marriage contract that both
contracting parties were “separated” in their previous marriages, thus, judge
must have knowledge that subsequent marriage was void and bigamous.
Nonetheless, the judge agreed to solemnize the marriage between David and
Luzviminda as he knew they lived together as husband and wife for almost
seven years. Hermenia filed a charge of gross ignorance of law against the
respondent.

Issue:

Whether the marriage between Davin and Luzvinda is valid.

Held:

One of the requisites under Article 34 of Family code is that parties must have
no legal impediment to marry each other. Clearly, as indicated in the marriage
contract that they are separated is a legal impediment that would make their
subsequent marriage void. Mere separation, free and voluntary cohabitation
with another for at least 5 years does not severe the bond of previous marriage.
Sanchez demonstrated fross ignorance of law for the solemnization of a void
and bigamous marriage of David and Luzviminda.