ZENAIDA S. BESO, complainant, vs. Judge JUAN DAGUMAN, respondent.
A.M. No. MTJ-99-1211. January 28, 2000
Facts:
Judge Daguman solemnized the marriage of Zenaida Beso with Nardito A. Yman out from his jurisdiction as a judge. After the marriage was solemnized, the man just abandoned his wife without any light or reason. Because of this, the woman had to go to the registrar to secure their marriage contract but to her surprised, no marriage contract that has been registered in the office of the registrar, so, however, the registrar gave advice to Zenaida Beso to write the judge who solemnized their marriage but likewise to her surprised, judge Daguman who solemnized their marriage told her that her husband got sall the copies of their marriage certificate and none was even left to him or was retained to the judge.
This is the reason why Zenaida learned that the judge solemnized their marriage out of his jurisdiction and was negligent in not retaining a copy and likewise in not registering their marriage to the civil registrar as prescribed by law.
Issue:
Whether or not the effect of good faith is acceptable in the case at bar as a solemnizing officer.
Held:
No, good faith is not a defense because to abide with the law is what matters most and good faith is not acceptable if it violates the law how noble is your intention. A judge is, presumed to know the constitutional limits of the authority or jurisdiction of his court. A judge solemnized a marriage out from his jurisdiction shows an irregularity in the formal requisite laid down in art.3 which while it may not affect the validity of marriage of marriage but may subject the officiating officer to administrative authority.
The judge was fined at the amount of 5,000 pesos and any repetition with the same offense will be dealt severely
