Beso v. Daguman

Beso v.
Daguman
A.M. No. 99-1211. January 28, 2000.
Facts: In this administrative complaint, respondent Judge stands charged with Neglect of
Duty and Abuse of Authority. In a Complaint-Affidavit, Zenaida Beso charged Judge
Juan Daguman, Jr. with solemnizing marriage outside of his jurisdiction and of
negligence in not retaining a copy and not registering the marriage contract with the
office of the Local Registrar.
The complainant alleged that she was married to Bernardo Yman and their marriage was
solemnized by Judge Daguman in his residence. After their wedding, her husband
abandoned her without any reason at all. When she inquired about her marriage contract
before the Civil Registrar, she was surprised when the Local Civil Registrar informed her
that their marriage was not registered. When she wrote Judge Daguman to inquire, she
was again surprised when Daguman said that all the copies of the Marriage Contract were
taken by her husband and that not copy was retained by Judge Daguman.
In his comment, respondent Judge Daguman averred that the civil marriage of
complainant and Yman had to be solemnized by respondent in Calbayog City though
outside his territory as municipal Judge of Sta. Margarita, Samar because respondent was
physically indisposed and unable to report to his station in Sta. Margita. Complainant and
Yman unexpectedly came to the residence of respondent, urgently requesting the
celebration of their marriage right then and there, first, because complainants said she
must leave that same day to be able to fly from Manila for abroad as scheduled; second,
that for the parties to go to another town for the marriage would be expensive and would
entail serious problems of finding a solemnizing officer and another pair of witnesses or
sponsors; third, if they failed to get married on that day, complainant would be out of the
country for a long period and their marriage license would lapse and necessitate another
publication of notice; fourth, if the parties go beyond their plans for the scheduled
marriage, complainant feared it would complicate her employment abroad; and, last, all
other alternatives as to date and venue of marriage were considered impracticable by the
parties.
Issue: Whether respondent Judge is guilty of the administrative charge.
Held: Yes. With regard to the solemnization of marriage, Article 7 of the Family Code
provides, among others, that Marriage my be solemnized by: (1) Any incumbent
member of the judiciary within the court's jurisdiction; . In relation thereto, Article 8
of the same statute mandates that: a marriage can be held outside the judges chambers or
courtroom only in the following instances: 1) at the point of death; 2) in remote places in
accordance with Article 29, or 3) upon the request of both parties in writing in a sworn
statement to this effect.
In this case, there is no pretense that either complainant Beso or her fianc Yman was at
the point of death or in a remote place. Neither was there a sworn written request made
by the contracting parties to respondent Judge that the marriage be solemnized outside his
chambers or at a place other than his sala. What, in fact, appears on record is that
respondent Judge was prompted more by urgency to solemnize the marriage because
complainant was [a]n overseas worker, who, respondent realized deserved more than
ordinary official attention under present Government policy. Respondent Judge further
avers that in solemnizing the marriage in question, [h]e believed in good faith that by
doing so he was leaning on the side of liberality of the law so that it may not be too
expensive and complicated for citizens to get married.
A person presiding over a court of law must not only apply the law but must also live and
abide by it and render justice at all times without resorting to shortcuts clearly uncalled
for. A judge is not only bound by oath to apply the law; he must also be conscientious and
thorough in doing so. Certainly, judges, by the very delicate nature of their office should
be more circumspect in the performance of their duties.
If at all, the reasons proffered by respondent Judge to justify his hurried solemnization of
the marriage in this case only tends to degrade the revered position enjoined by marriage
in the hierarchy of social institutions in the country. They also betray respondents
cavalier proclivity on its significance in our culture which is more disposed towards an
extended period of engagement prior to marriage and frowns upon hasty, ill-advised and
ill-timed marital unions.
Judges who are appointed to specific jurisdictions may officiate in weddings only within
said areas and not beyond. Where a judge solemnizes a marriage outside his court's
jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3,
which while it may not affect the validity of the marriage, may subject the officiating
official to administrative liability.
Furthermore, from the nature of marriage, aside from the mandate that a judge should
exercise extra care in the exercise of his authority and the performance of his duties in its
solemnization, he is likewise commanded to observance extra precautions to ensure that
the event is properly documented in accordance with Article 23 of the Family Code.
Respondent Judge was less than conscientious in handling official documents. A judge is
charged with exercising extra care in ensuring that the records of the cases and official
documents in his custody are intact. There is no justification for missing records save
fortuitous events. However, the records show that the loss was occasioned by
carelessness on respondent Judges part. This Court reiterates that judges must adopt a
system of record management and organize their dockets in order to bolster the prompt
and efficient dispatch of business. It is, in fact, incumbent upon him to devise an efficient
recording and filing system in his court because he is after all the one directly responsible
for the proper discharge of his official functions.

Beso v. Daguman

Uploaded by

Copyright:

Available Formats

Beso v. Daguman

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Beso v. Daguman

Uploaded by

Copyright:

Available Formats

Beso v.

You might also like