VOL.

380, APRIL 11, 2002 403

Arañes vs. Occiano

officiate in weddings only within said areas and not beyond.

402 SUPREME COURT REPORTS Where a judge solemnizes a marriage outside his court’s
ANNOTATED jurisdiction, there is a resultant irregularity in the formal requisite
laid down in Article 3, which while it may not affect the validity of
Arañes vs. Occiano the marriage, may subject the officiating official to administrative
liability.”
*
A.M. No. MTJ-02-1390. April 11, 2002.   Same; Same; Except in cases provided by law, it is the marriage
(Formerly IPI No. 01-1049-MTJ) license that gives the solemnizing officer the authority to solemnize a
marriage.—In  People vs. Lara, we held that a marriage which
MERCEDITA MATA ARAÑES, petitioner,  vs.  JUDGE preceded the issuance of the marriage license is void, and that the
subsequent issuance of such license cannot render valid or even add
SALVADOR M. OCCIANO, respondent.
an iota of validity to the marriage. Except in cases provided by law,
it is the marriage license that gives the solemnizing officer the
Administrative Law; Judges; The authority of the regional trial authority to solemnize a marriage. Respondent judge did not
court judges and judges of inferior courts to solemnize marriages is possess such authority when he solemnized the marriage of
confined to their jurisdiction as defined by the Supreme Court.— petitioner. In this respect, respondent judge acted in gross
Under the Judiciary Reorganization Act of 1980, or B.P. 129, the ignorance of the law.
authority of the regional trial court judges and judges of inferior Same;  Same;  The withdrawal of the complaint does not
courts to solemnize marriages is confined to their territorial necessarily have the legal effect of exonerating respondent from
jurisdiction as defined by the Supreme Court. disciplinary action.—Respondent judge cannot be exculpated
Same; Same;  Where a judge solemnizes a marriage outside the despite the Affidavit of Desistance filed by petitioner. This Court
court’s jurisdiction, there is a resultant irregularity in the formal has consistently held in a catena of cases that the withdrawal of the
requisite laid down in Article 3, which while it may not affect the complaint does not necessarily have the legal effect of exonerating
validity of the marriage, may subject the officiating official to respondent from disciplinary action. Otherwise, the prompt and fair
administrative liability.—“A priest who is commissioned and administration of justice, as well as the discipline of court
allowed by his local ordinance to marry the faithful is authorized to personnel, would be undermined. Disciplinary actions of this nature
do so only within the area or diocese or place allowed by his Bishop. do not involve purely private or personal matters. They can not be
An appellate court Justice or a Justice of this Court has jurisdiction made to depend upon the will of every complainant who may, for
over the entire Philippines to solemnize marriages, regardless of one reason or another, condone a detestable act. We cannot be
the venue, as long as the requisites of the law are complied with. bound by the unilateral act of a complainant in a matter which
However, judges who are appointed to specific jurisdictions, may involves the Court’s constitutional power to discipline judges.
Otherwise, that power may be put to naught, undermine the trust
character of a public office and impair the integrity and dignity of
______________
this Court as a disciplining authority.
* FIRST DIVISION.
ADMINISTRATIVE MATTER in the Supreme Court. Gross
Ignorance of the Law.
403
The facts are stated in the opinion of the Court.

PUNO, J.:
Petitioner Mercedita Mata Arañes charges respondent judge judge could solemnize the marriage in Nabua, to which
with Gross Ignorance of the Law  via  a sworn Letter- request he acceded.
Complaint dated 23 May 2001. Respondent is the Presiding Respondent judge further avers that before he started the
Judge of the Mu- ceremony, he carefully examined the documents submitted to
him by petitioner. When he discovered that the parties did
404
not possess the requisite marriage license, he refused to
solemnize the marriage and suggested its resetting to
404 SUPREME COURT REPORTS another date. However, due to the earnest pleas of the
ANNOTATED parties, the influx of visitors, and the delivery of provisions
for the occasion, he proceeded to solemnize the mar-
Arañes vs. Occiano
405

nicipal Trial Court of Balatan, Camarines Sur. Petitioner

alleges that on 17 February 2000, respondent judge VOL. 380, APRIL 11, 2002 405
solemnized her marriage to her late groom Dominador B.
Arañes vs. Occiano
Orobia without the requisite marriage license and at Nabua,
Camarines Sur which is outside his territorial jurisdiction.
They lived together as husband and wife on the strength riage out of human compassion. He also feared that if he
of this marriage until her husband passed away. However, reset the wedding, it might aggravate the physical condition
since the marriage was a nullity, petitioner’s right to inherit of Orobia who just suffered from a stroke. After the
the “vast properties” left by Orobia was not recognized. She solemnization, he reiterated the necessity for the marriage
was likewise deprived of receiving the pensions of Orobia, a license and admonished the parties that their failure to give
retired Commodore of the Philippine Navy. it would render the marriage void. Petitioner and Orobia
Petitioner prays that sanctions be imposed against assured respondent judge that they would give the license to
respondent judge for his illegal acts and unethical him in the afternoon of that same day. When they failed to
misrepresentations which allegedly caused her so much comply, respondent judge followed it up with Arroyo but the
hardships, embarrassment and sufferings. latter only gave him the same reassurance that the marriage
On 28 May 2001, the case was referred by the Office of the license would be delivered to his sala at the Municipal Trial
Chief Justice to then Acting Court Administrator Zenaida N. Court of Balatan, Camarines Sur.
Elepaño for appropriate action. On 8 June 2001, the Office of Respondent judge vigorously denies that he told the
the Court Administrator required respondent judge to contracting parties that their marriage is valid despite the
comment. absence of a marriage license. He attributes the hardships
In his Comment dated 5 July 2001, respondent judge and embarrassment suffered by the petitioner as due to her
averred that he was requested by a certain Juan Arroyo on own fault and negligence.
15 February 2000 to solemnize the marriage of the parties on On 12 September 2001, petitioner filed her Affidavit of
17 February 2000. Having been assured that all the Desistance dated 28 August 2001 with the Office of the Court
documents to the marriage were complete, he agreed to Administrator. She attested that respondent judge initially
solemnize the marriage in his sala at the Municipal Trial refused to solemnize her marriage due to the want of a duly
Court of Balatan, Camarines Sur. However, on 17 February issued marriage license and that it was because of her
2000, Arroyo informed him that Orobia had a difficulty prodding and reassurances that he eventually solemnized
walking and could not stand the rigors of travelling to the same. She confessed that she filed this administrative
Balatan which is located almost 25 kilometers from his case out of rage. However, after reading the Comment filed
residence in Nabua. Arroyo then requested if respondent
by respondent judge, she realized her own shortcomings and their territorial jurisdiction as defined by the Supreme
is now bothered by her conscience. Court.
Reviewing the records of the case, it appears that The case
1
at bar is not without precedent. In Navarro vs.
petitioner and Orobia filed their Application for Marriage Domagtoy,  respondent judge held office and had jurisdiction
License on 5 January 2000. It was stamped in this in the Municipal Circuit Trial Court of Sta. Monica-Burgos,
Application that the marriage license shall be issued on 17 Surigao del Norte. However, he solemnized a wedding at his
January 2000. However, neither petitioner nor Orobia residence in the municipality of Dapa, Surigao del Norte
claimed it. which did not fall within the jurisdictional area of the
It also appears that the Office of the Civil Registrar municipalities of Sta. Monica and Burgbs. We held that:
General issued a Certification that it has no record of such
marriage that allegedly took place on 17 February 2000. “A priest who is commissioned and allowed by his local ordinance to
marry the faithful is authorized to do so only within the area or
Likewise, the Office of the Local Civil Registrar of Nabua,
diocese or place allowed by his Bishop. An appellate court Justice or
Camarines Sur issued another Certification dated 7 May
a Justice of this Court has jurisdiction over the entire Philippines to
2001 that it cannot issue a true copy of the Marriage solemnize marriages, regardless of the venue, as long as the
Contract of the parties since it has no record of their requisites of the law are complied with.  However, judges who are
marriage. appointed to specific jurisdictions, may officiate in weddings only
within said areas and not beyond. Where a judge solemnizes a
406
marriage outside his court’s jurisdiction, there is a resultant
irregularity in the formal requisite laid down in Article 3, which
while it
406 SUPREME COURT REPORTS
ANNOTATED
______________
Arañes vs. Occiano 1 259 SCRA 129 (1996).

407
On 8 May 2001, petitioner sought the assistance of
respondent judge so the latter could communicate with the
Office of the Local Civil Registrar of Nabua, Camarines Sur VOL. 380, APRIL 11, 2002 407
for the issuance of her marriage license. Respondent judge
Arañes vs. Occiano
wrote the Local Civil Registrar of Nabua, Camarines Sur. In
a letter dated 9 May 2001, a Clerk of said office, Grace T.
Escobal, informed respondent judge that their office cannot may not affect the validity of the marriage, 2
may subject the
officiating official to administrative liability.”  (Emphasis supplied.)
issue the marriage license due to the failure of Orobia to
submit the Death Certificate of his previous spouse. In said case, we suspended respondent judge for six (6)
The Office of the Court Administrator, in its Report and months on the ground that his act of solemnizing a marriage
Recommendation dated 15 November 2000, found the outside his jurisdiction constitutes gross ignorance of the
respondent judge guilty of solemnizing a marriage without a law. We further held that:
duly issued marriage license and for doing so outside his
territorial jurisdiction. A fine of P5,000.00 was recommended “The judiciary should be composed of persons who, if not experts,
to be imposed on respondent judge. are at least, proficient in the law they are sworn to apply, more
We agree. than the ordinary laymen. They should be skilled and competent in
Under the Judiciary Reorganization Act of 1980, or B.P. understanding and applying the law. It is imperative that they be
129, the authority of the regional trial court judges and conversant with basic legal principles like the ones involved in the
instant case, x x x While magistrates may at times make mistakes
judges of inferior courts to solemnize marriages is confined to
in judgment, for which they are not penalized, the respondent judge discipline 5 of court personnel, would be
exhibited ignorance of elementary provisions of law, in an 3
area undermined.   Disciplinary actions of this nature do not
which has greatly prejudiced the status of married persons.” involve purely private or personal matters. They can not be
made to depend upon the will of every complainant who may,
In the case at bar, the territorial jurisdiction of respondent
for one reason or another, condone a detestable act. We
judge is limited to the municipality of Balatan, Camarines
cannot be bound by the unilateral act of a complainant in a
Sur. His act of solemnizing the marriage of petitioner and
matter which involves the Court’s constitutional power to
Orobia in Nabua, Camarines Sur therefore is contrary to law
discipline judges. Otherwise, that power may be put to
and subjects him to administrative liability. His act may not
naught, undermine the trust character of a public office and
amount to gross ignorance of the law for he allegedly
impair the integrity6 and dignity of this Court as a
solemnized the marriage out of human compassion but
disciplining authority.
nonetheless, he cannot avoid liability for violating the law on
WHEREFORE, respondent Judge Salvador M. Occiano,
marriage.
Presiding Judge of the Municipal Trial Court of Balatan,
Respondent judge should also be faulted for solemnizing a
Camarines Sur, is fined P5,000.00 pesos with a STERN
marriage 4 without the requisite marriage license. In  People
WARNING that a repetition of the same or similar offense in
vs. Lara,   we held that a marriage which preceded the
the future will be dealt with more severely.
issuance of the marriage license is void, and that the
SO ORDERED.
subsequent issuance of such license cannot render valid or
even add an iota of validity to the marriage. Except in cases           Davide, Jr. (C.J., Chairman),  Kapunanand  Ynares-
provided by law, it is the marriage license that gives the Santiago, JJ., concur.
solemnizing officer the authority to solemnize a marriage.
Respondent judge did not possess such authority when he Respondent Judge meted a P5,000 fine with stern warning
solemnized the marriage of petitioner. In this respect, against repetition of similar offense.
respondent judge acted in gross ignorance of the law.
Note.—A void marriage is deemed never to have taken
______________ place at all. (Suntay vs. Cojuangco-Suntay,  300 SCRA
760 [1998])
2 Id.,
pp. 135-136.
3 Id.,
p. 136.
4 C.A. O.G. 4079.
——o0o——

408 ______________
5 Farrales vs. Camarista, 327 SCRA 84 (2000).
408 SUPREME COURT REPORTS 6 Sandoval vs. Manalo, 260 SCRA 611 (1996).
ANNOTATED 409
Arañes vs. Occiano

Respondent judge cannot be exculpated despite the Affidavit

of Desistance filed by petitioner. This Court has consistently
held in a catena of cases that the withdrawal of the
complaint does not necessarily have the legal effect of © Copyright 2020 Central Book Supply, Inc. All rights reserved.
exonerating respondent from disciplinary action. Otherwise,
the prompt and fair administration of justice, as well as the