Case Digest Political Law
ARAÑES VS. OCCIANO (Judges Solmenizing Marriage)
Mercedita Arañes filed charges against Judge Salvador Occiano of the Municipal Circuit Trial Court of Batalan, Camarines Sur with Gross Ignorance of Law. Occiano solemnized Arañes’ marriage without the requisite marriage license in latter’s house which is outside judge’s jurisdiction. Arañes was not able to claim her right to inherit his deceased husband’s property and she was deprived of receiving her husband’s pension. Occiano avers that the ceremony took place in Arañes’ house because the groom had a difficulty walking & he couldn’t stand traveling. Judge was aware that there was no marriage license but due to the pleas of the couple and everything was prepared already and the visitors were there, he agreed to solemnize the marriage. He reminded them that marriage won’t be valid without the license. They promised to give it within the day but they never did. Arañes desisted but Court still decided the case.
ISSUE: Whether or not the marriage is valid?
HELD: No. Judge fined P5,000.00.
RATIO:
1. Judges can only solemnize marriage within their territorial jurisdiction.
2. Marriage license is a requisite for marriage and without it, marriage is void. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. And since there was no license, Occiano didn’t have the authority to officiate the ceremony.
Santos vs CA
Article 36: Psychological Incapacity
Leouel, a member of the Army, met Julia in Iloilo City. In September 1986, they got married. The couple latter lived with Julia’s parents. Julia gave birth to a son in 1987. Their marriage, however, was marred by the frequent interference of Julia’s parent as averred by Leouel. The couple also occasionally quarrels about as to, among other things, when should they start living independently from Julia’s parents. In 1988, Julia went to the US to work as a nurse despite Leouel’s opposition. 7 months later, she and
Mercedita Arañes filed charges against Judge Salvador Occiano of the Municipal Circuit Trial Court of Batalan, Camarines Sur with Gross Ignorance of Law. Occiano solemnized Arañes’ marriage without the requisite marriage license in latter’s house which is outside judge’s jurisdiction. Arañes was not able to claim her right to inherit his deceased husband’s property and she was deprived of receiving her husband’s pension. Occiano avers that the ceremony took place in Arañes’ house because the groom had a difficulty walking & he couldn’t stand traveling. Judge was aware that there was no marriage license but due to the pleas of the couple and everything was prepared already and the visitors were there, he agreed to solemnize the marriage. He reminded them that marriage won’t be valid without the license. They promised to give it within the day but they never did. Arañes desisted but Court still decided the case.
ISSUE: Whether or not the marriage is valid?
HELD: No. Judge fined P5,000.00.
RATIO:
1. Judges can only solemnize marriage within their territorial jurisdiction.
2. Marriage license is a requisite for marriage and without it, marriage is void. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. And since there was no license, Occiano didn’t have the authority to officiate the ceremony.
Santos vs CA
Article 36: Psychological Incapacity
Leouel, a member of the Army, met Julia in Iloilo City. In September 1986, they got married. The couple latter lived with Julia’s parents. Julia gave birth to a son in 1987. Their marriage, however, was marred by the frequent interference of Julia’s parent as averred by Leouel. The couple also occasionally quarrels about as to, among other things, when should they start living independently from Julia’s parents. In 1988, Julia went to the US to work as a nurse despite Leouel’s opposition. 7 months later, she and