Manzano vs Sanchez

Manzano vs. Sanchez

AM No. MTJ-001329, March 8, 2001

FACTS:

Herminia Borja-Manzano was the lawful wife of the late David Manzano having been married on May 21, 1966 in San Gabriel Archangel Parish in Caloocan.  They had four children.  On March 22, 1993, her husband contracted another marriage with Luzviminda Payao before respondent Judge.  The marriage contract clearly stated that both contracting parties were “separated” thus, respondent Judge ought to know that the marriage was void and bigamous.  He claims that when he officiated the marriage of David and Payao, he knew that the two had been living together as husband and wife for seven years as manifested in their joint affidavit that they both left their families and had never cohabit or communicated with their spouses due to constant quarrels. 

ISSUE: Whether the solemnization of a marriage between two contracting parties who both have an existing marriage can contract marriage if they have been cohabitating for 5 years under Article 34 of Family Code.

HELD:

Among the requisites of Article 34 is that parties must have no legal impediment to marry each other.  Considering that both parties has a subsisting marriage, as indicated in their marriage contract that they are both “separated” is an impediment that would make their subsequent marriage null and void.  Just like separation, free and voluntary cohabitation with another person for at least 5 years does not severe the tie of a subsisting previous marriage.  Clearly, respondent Judge Sanchez demonstrated gross ignorance of the law when he solemnized a void and bigamous marriage.