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Navarro Vs Domagtoy

1. Municipal Mayor Rodolfo Navarro filed a complaint against Judge Fernando Domagtoy for solemnizing two marriages outside of his jurisdiction and authority. 2. One marriage was between Gaspar Tagadan and Arlyn Corva despite Tagadan having a subsisting marriage to Ada Benaranda. The second marriage was between Floriano Sumaylo and Gemma del Rosario, which Domagtoy solemnized at his residence outside his court's jurisdiction. 3. The court ruled Tagadan and Corva's marriage was void and bigamous due to the subsisting prior marriage. Sumaylo and del Rosario's marriage was valid even though not properly requested, but Domagtoy could still be

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620 views1 page

Navarro Vs Domagtoy

1. Municipal Mayor Rodolfo Navarro filed a complaint against Judge Fernando Domagtoy for solemnizing two marriages outside of his jurisdiction and authority. 2. One marriage was between Gaspar Tagadan and Arlyn Corva despite Tagadan having a subsisting marriage to Ada Benaranda. The second marriage was between Floriano Sumaylo and Gemma del Rosario, which Domagtoy solemnized at his residence outside his court's jurisdiction. 3. The court ruled Tagadan and Corva's marriage was void and bigamous due to the subsisting prior marriage. Sumaylo and del Rosario's marriage was valid even though not properly requested, but Domagtoy could still be

Uploaded by

Boni Acio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

Navarro vs. Domagtoy AM No.

MTJ 96-1088, July 19, 1996 FACTS: Municipal Mayor of Dapa, Surigao del Norte, Rodolfo G. Navarro filed a complaint on t o !pecific act! committed "y re!pondent Municipal Circuit Trial Court #udge $ernando Domagtoy on t%e ground! of gro!! mi!conduct, ineffiency in offce and ignorance of t%e la . &t a! alleged t%at Domagtoy !olemni'ed marriage of Ga!par Tagadan and Arlyn (or)a on Septem"er *+, ,--. de!pite t%e /no ledge t%at t%e groom %a! a !u"!i!ting marriage it% &da 0enaranda and t%at t%ey are merely !eparated. &t a! told t%at &da left t%eir con)ugal %ome in (u/idnon and %a! not returned and "een %eard for almo!t !even year!. T%e !aid )udge li/e i!e !olemni'e marriage of Floriano Dadoy Sumaylo and Gemma G. del Ro!ario out!ide %i! court1! )uri!diction on 2cto"er *+, ,--.. T%e )udge %old! %i! office and %a! )uri!diction in t%e Municipal Circuit Trial Court of Sta Monica3 (urgo!, Surigao del Norte "ut %e !olemni'ed t%e !aid edding at %i! re!idence in t%e municipality of Dapa located .4 to 54 /m a ay. &SS67: 8%et%er or not t%e marriage! !olemni'ed ere void. $79D: T%e court %eld t%at t%e marriage "et een Tagadan and (or)a a! void and "igamou! t%ere "eing a !u"!i!ting marriage "et een Tagadan and 0enaranda. Al"eit, t%e latter a! gone for !even year! and t%e !pou!e %ad a ell3founded "elief t%at t%e a"!ent !pou!e a! dead, Tagadan did not in!titute a !ummary proceeding a! provided in t%e Civil Code for t%e declaration of pre!umptive deat% of t%e a"!entee, it%out pre)udice to t%e effect of reappearance of t%e a"!ent !pou!e. 8it% regard to t%e marriage of Sumaylo and Del Ro!ario, t%e latter only made t%e ritten re:ue!t %ere it !%ould %ave "een "ot% partie! a! !tated in Article ; of t%e Family Code. T%eir non3compliance did not invalidate t%eir marriage %o ever, Domagtoy may "e %eld admini!tratively lia"le.

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