CASE DIGEST ARTICLE 1-MARRIAGE

CASE ARTICLE 1 HERMINIA BORJA-MANZANO, petitioner, v.
JUDGE ROQUE R. SANCHEZ, respondent.
A.M. No. MTJ-00-1329. March 8, 2001

Facts:

Complainant Herminia Borja-Manzano avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966 in San Gabriel Archangel Parish, Araneta Avenue, Caloocan City. Four children were born out of that marriage. On 22 March 1993, however, her husband contracted another marriage with one Luzviminda Payao before respondent Judge. When respondent Judge solemnized said marriage, he knew or ought to know that the same was void and bigamous, as the marriage contract clearly stated that both contracting parties were “separated.”

Respondent Judge, on the other hand, claims in his Comment that when he officiated the marriage between Manzano and Payao he did not know that Manzano was legally married. What he knew was that the two had been living together as husband and wife for seven years already without the benefit of marriage, as manifested in their joint affidavit. According to him, had he known that the late Manzano was married, he would have advised the latter not to marry again; otherwise, Manzano could be charged with bigamy. He then prayed that the complaint be dismissed for lack of merit and for being designed merely to harass him.

The Court Administrator recommended that respondent Judge be found guilty of gross ignorance of the law.

Respondent Judge alleges that he agreed to solemnize the marriage in question in accordance with Article 34 of the Family Code.

Issue:

Is the reason of the respondent Judge in solemnizing the marriage valid?

HELD:

No. In Article 34 of the Family Code provides “No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. Respondent Judge cannot take refuge on the Joint Affidavit of David Manzano and Luzviminda Payao stating that they had been cohabiting as husband and wife for seven years. Just like separation, free and voluntary cohabitation with another person for at least five years does not severe the tie of a subsisting previous marriage. Marital cohabitation for a long period of time between two individuals who are legally capacitated to marry each other is merely a ground for exemption from marriage license. It could not serve as a justification for respondent Judge to solemnize a subsequent marriage vitiated by the impediment of a prior existing marriage.