Law School Notes and Digests

Saturday, March 22, 2014

Aranes v. Occiano, 380 SCRA 402

FACTS: Petitioner Mercedita Mata charged respondent judge with Gross Ignorance of the Law for solemnizing the marriage between her and Dominador B.
Orobia without the requisite marriage license. Because their marriage was nulled, her right to inherit the vast properties left by Orobia and her entitlement for a
pension was not granted. Judge Occiano averred that before starting the ceremony, he examined the documents submitted to him by the petitioner and he
discovered that the parties did not possess a marriage license so he refused to solemnize the marriage. However, due to the earnest pleas of the parties, he
proceeded to solemnize the marriage out of human compassion. After the solemnization, respondent reiterated the need for the marriage license and
admonished the parties that their failure to give it would render the marriage void. Petitioner and Orobia assured the respondent that they would give the
license to him, but they never did.

ISSUE: Whether or not respondent’s guilty of solemnizing a marriage without a marriage license and outside his territorial jurisdiction.

HELD: Yes. Respondent judge did not possess such authority when he solemnized the marriage of the petitioner because he officiated the marriage outside his
jurisdiction and knowing that the documents submitted to him lacked marriage license.

Michelle Vale Cruz at Saturday, March 22, 2014

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