Distinctions Between Absent and Defective (3) Marriage Before A Judge Outside His Court)

1. COSCA, petitioner vs. HON.
PALAYPAYON and BAROY, respondents

A.M. No. MTJ-92-721 September 30, 1994
( LESS LIKELY THIS CASE WOULD BE INCLUDED IN THE RECITS SINCE REPEATED THRICE IN TOPICS: (1)MARRIAGE LICENSE
(2)DISTINCTIONS BETWEEN ABSENT AND DEFECTIVE (3) MARRIAGE BEFORE A JUDGE OUTSIDE HIS COURT )
Topic: Marriage before a Judge Outside his court
FACTS:
1. Complainants Cosca, Peralta, Sambo, and Villamora, are Stenographer I, Interpreter I, Clerk II, and Process Server, respectively, of the
Municipal Trial Court of Tinambac, Camarines Sur. Respondents Judge Palaypayon, Jr. and Esmeralda-Baroy are respectively the Presiding
Judge and Clerk of Court II of the same court.
2. In an administrative complaint filed with the Office of the Court Administrator, respondents were charged with the following offenses: (1)
illegal solemnization of marriage; (2) falsification of the monthly reports of cases; (3) bribery in consideration of an appointment in the court;
(4) non-issuance of receipt for cash bond received; (5) infidelity in the custody of detained prisoners; and (6) requiring payment of filing fees
from exempted entities. (Only the first is relevant to this topic.
PETITIONER’S ARGUMENTS:
1. Complainants allege that respondent judge solemnized marriages even without the requisite marriage license. Several Couples were able
to get married by the simple expedient of paying the marriage fees to respondent Baroy, despite the absence of a marriage license.
2. As a consequence, their marriage contracts did not reflect any marriage license number.
3. In addition, respondent judge did not sign their marriage contracts and did not indicate the date of solemnization, the reason being that
he allegedly had to wait for the marriage license to be submitted by the parties which was usually several days after the ceremony.
4.
It is also and established fact that the marriage contracts were not filed with the local civil registrar. Complainant Ramon Sambo, who
prepares the marriage contracts, called the attention of Judge Palaypayon and Baroy to the lack of marriage licenses and its effect on the
marriages involved, but they opted to proceed with the celebration of said marriages
RESPONDENT’S ARGUMENTS
1. Baroy claims that when she was appointed Clerk of Court II, the employees of the court were already hostile to her who told her that he
was filing a protest against her appointment.
2. She also claims that it was only lately when she discovered that the court had a marriage Register which is in the custody of Sambo; that
it was Sambo who failed to furnish the parties copies of the marriage contract and to register these with the local civil registrar; and that
apparently Sambo kept these marriage contracts in preparation for this administrative case.
3. Complainant Sambo, however, claims that all file copies of the marriage contracts were kept by respondent Baroy, but the latter insists
that she had instructed Sambo to follow up the submission by the contracting parties of their marriage licenses as part of his duties but
he failed to do so.
4. Respondent Judge Palaypayon contends that one of the the marriages in question falls under Article 34 of the Civil Code, hence it
is exempt from the marriage license requirement
5. He claims that he also gave strict instructions to complainant Sambo to furnish the couple a copy of the marriage contract and to
file the same with the civil registrar, but the latter failed to do so; that in order to solve the problem, the spouses subsequently
formalized their marriage by securing a marriage license and executing their marriage contract, a copy of which was filed with the
civil registrar
6. That the other five marriages alluded to in the administrative complaint were not illegally solemnized because the marriage
contracts were not signed by him and they did not contain the date and place of marriage
7. That copies of these marriage contracts are in the custody of complainant Sambo said marriages were not celebrated by him since
he refused to solemnize them in the absence of a marriage license; that the marriage of Bocaya and Bismonte was celebrated even
without the requisite license due to the insistence of the parties in order to avoid embarrassment to their guests but that, at any rate,
he did not sign their marriage contract which remains unsigned up to the present.
ISSUE: WON Respondent Judge is civilly, criminally and administratively liable for solemnizing marriages without a marriage license.
RULING:
Complaint has merit.
1. Rule:
• On the charge regarding illegal marriages the Family Code pertinently provides that the formal requisites of marriage are, inter alia, a valid
marriage license except in the cases provided for therein. Complementarily, it declares that the absence of any of the essential or formal requisites
shall generally render the marriage void ab initio and that, while an irregularity in the formal requisites shall not affect the validity of the
marriage, the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable
2. Application:
• While the Judge did not sign the marriage licenses himself, it does not mean that he did not solemnize the marriage, particularly when there are
photos of him doing so. His excuse that the photos were just a simulated solemnization of marriage because of the pleading of the mother of
one of the parties is hard to believe without corroboration and, if true, it would be highly improper and unbecoming of him to allow himself to
be used as an instrument of deceit.
CONCLUSION:
The civil and criminal aspect is addressed to the contracting parties and those affected by the illegal marriages. But in regards to the administrative
liability, the Court hereby imposes a FINE of P20,000.00 on respondent Judge with a stern warning that any repetition of the same or similar
offenses in the future will definitely be severely dealt with. Respondent Nelia Esmeralda-Baroy is hereby DISMISSED from the service, with
forfeiture of all retirement benefits and with prejudice to employment in any branch, agency or instrumentality of the Government, including
government-owned or controlled corporations.

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1. COSCA, petitioner vs. HON.

PALAYPAYON and BAROY, respondents

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