Aranes vs Judge Occiano

Aranes vs. Judge Occiano

AM No. MTJ 02-1309, April 11, 2002

FACTS:

Petitioner Mercedita Mata Aranes charged respondent Judge Occiano with gross ignorance of the law.  Occiano is the presiding judge in Court of Balatan, Camarines Sur.  However, he solemnized the marriage of Aranes and Dominador Orobia on February 17, 2000 at the couple’s residence in Nabua, Camarines Sur which is outside his territorial jurisdiction and without the requisite of marriage license.

It appeared in the records that petitioner and Orobia filed their application of marriage license on January 5, 2000 and was stamped that it will be issued on January 17, 2000 but neither of them claimed it.  In addition, no record also appeared with the Office of the Civil Registrar General for the alleged marriage.

Before Judge Occiano started the ceremony, he carefully examined the documents and first refused to conduct the marriage and advised them to reset the date considering the absence of the marriage license.  However, due to the earnest pleas of the parties, the influx of visitors and fear that the postponement of the wedding might aggravate the physical condition of Orobia who just suffered from stroke, he solemnized the marriage on the assurance of the couple that they will provide the license that same afternoon.  Occiano denies that he told the couple that their marriage is valid.

ISSUE: Whether Judge Occiano is guilty of solemnizing a marriage without a duly issued marriage license and conducting it outside his territorial jurisdiction.

HELD:

The court held that “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. 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”.

WHEREFORE, respondent Judge Salvador M. Occiano, Presiding Judge of the Municipal Trial Court of Balatan, Camarines Sur, is fined P5,000.00 pesos with a STERN WARNING that a repetition of the same or similar offense in the future will be dealt with more severely.