A.M. No.

MTJ-02-1390 April 11, 2002

(Formerly IPI No. 01-1049-MTJ)
MERCEDITA MATA ARAÑES, petitioner,
vs.
JUDGE SALVADOR M. OCCIANO, respondent.

Facts: Judge Occiano, the presiding judge of MTC of Balatan,Camarines Sur solemnized the
marriage of petitioner Mercedita Arañes and her late groom Dominador Orobia on February
17,2000 without the requisite marriage license at Nabua, Camarines Sur which is outside of
his territorial jurisdiction. The petitioner and her husband lived together as husband and wife
until her husband died. However, since the marriage is void, petitioner’s right to inherit the vast
properties left by Orobia was not recognizes and she was likewise deprived of receiving the
pensions of Orobia as a retired Commodore of the Phil.Navy. Petitioner then charged
respondent Judge with Gross Ignorance of the Law and prayed that sanctions be impost
against him for his illegal acts and unethical misrepresentations which allegedly caused her so
much hardship, embarrassment and sufferings.
Respondent judge claims that the he was requested by a certain Juan Arroyo on Feb.15,2000 to
solemnize the marriage of the parties on Feb.17,2000 in his sala at MTC Balatan. However, on
that day, Arroyo informed him that Orobia had a difficulty walking and could not stand traveling
to Balatan(25km from Nabua). Respondent judge proceeded to solemnize the marriage in
Nabua, 25km from Balatan, out of human compassion, after the examination of documents.
After the ceremony, he reiterated that the marriage license is necessary and failure of petitioner
to give it would render the marriage void. Petitioner promised to give the license on the
afternoon of that same day but she did not. Respondent judge followed it up with Arroyo but the
latter only gave him the same reassurance that the marriage license would be delivered to his sala
at the Municipal Trial Court of Balatan, Camarines Sur..

On Sept.12, 2001 petitioner filed her Affidavit of Desistance and withdrew the case filed against
the respondent after realizing her own shortcomings on her failure to claim the marriage license
requested on Jan, 5,2000 and issued on Jan. 17,2000 by the Civil Registrar General. She
attested that respondent judge initially refused to solemnize her marriage due to the want of a duly
issued marriage license and that it was because of her prodding and reassurances that he
eventually solemnized the same. She confessed that the filed administrative case is out of her
rage. Reviewing the records, the Office of the Civil Registrar has no record of such marriage
with allegedly took place on Feb.17,2000 and the said office cannot also issue the marriage
license due to failure of Orobia to sumbit the Death Certificate of his previous spouse.
Issue: WON the respondent judge is liable
Ruling: Yes, In the case at bar, the territorial jurisdiction of respondent judge is limited to the
municipality of Balatan, Camarines Sur. His act of solemnizing the marriage of petitioner and Orobia
in Nabua, Camarines Sur therefore is contrary to law and subjects him to administrative liability. In
Article 7(1), Marriage may be solemnized by any incumbent member of the judiciary within the court’s
jurisdiction and in Article 4(3), “parties responsible for the irregularity shall be civilly, criminally and
administratively liable”

IJDumanig
The Court ruled that his act may not amount to gross ignorance of the law for he allegedly
solemnized the marriage out of human compassion but nonetheless, he cannot avoid liability for
violating the law on marriage.

Respondent judge cannot be exculpated despite the Affidavit of Desistance filed by petitioner. The
Court has consistently held in a catena of cases, the withdrawal of the complaint does not
necessarily have the legal effect of exonerating respondent from disciplinary action. The Court
found that respondent judge should also be faulted for solemnizing a marriage without the requisite
marriage license

Judge Occiano was fined P5,000 with a stern warning that a repetition of the same or similar
offense in the future will be dealt with more severely.

IJDumanig