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Arañes Vs Occiano A.M. No. Mtj-02-1390 April 11, 2002
Arañes Vs Occiano A.M. No. Mtj-02-1390 April 11, 2002
MTJ-02-1390
April 11, 2002
(Formerly IPI No. 01-1049-MTJ)
MERCEDITA MATA ARAES, petitioner,
vs.
JUDGE SALVADOR M. OCCIANO, respondent.
PUNO, J.:
Petitioner Mercedita Mata Araes charges respondent
judge with Gross Ignorance of the Law via a sworn
Letter-Complaint dated 23 May 2001. Respondent is the
Presiding Judge of the Municipal Trial Court of Balatan,
Camarines Sur. Petitioner alleges that on 17 February
2000, respondent judge solemnized her marriage to her
late groom Dominador B. Orobia without the requisite
marriage license and at Nabua, Camarines Sur which is
outside his territorial jurisdiction.
They lived together as husband and wife on the strength
of this marriage until her husband passed away.
However, since the marriage was a nullity, petitioner's
right to inherit the "vast properties" left by Orobia was
not recognized. She was likewise deprived of receiving
the pensions of Orobia, a retired Commodore of the
Philippine Navy.1wphi1.nt
Petitioner prays that sanctions be imposed against
respondent judge for his illegal acts and unethical
misrepresentations which allegedly caused her so much
hardships, embarrassment and sufferings.
On 28 May 2001, the case was referred by the Office of
the Chief Justice to then Acting Court Administrator
Zenaida N. Elepao for appropriate action. On 8 June
2001, the Office of the Court Administrator required
respondent judge to comment.
In his Comment dated 5 July 2001, respondent judge
averred that he was requested by a certain Juan Arroyo
on 15 February 2000 to solemnize the marriage of the
parties on 17 February 2000. Having been assured that
all the documents to the marriage were complete, he
agreed to solemnize the marriage in his sala at the
Municipal Trial Court of Balatan, Camarines Sur.
However, on 17 February 2000, Arroyo informed him that
Orobia had a difficulty walking and could not stand the
rigors of travelling to Balatan which is located almost 25
kilometers from his residence in Nabua. Arroyo then
requested if respondent judge could solemnize the
marriage in Nabua, to which request he acceded.
Respondent judge further avers that before he started
the ceremony, he carefully examined the documents
submitted to him by petitioner. When he discovered that
the parties did not possess the requisite marriage
CIVIL LAW
CIVIL LAW
SO ORDERED.
Davide, Jr., Kapunan, and Ynares-Santiago, JJ., concur.
Case DIGEST
A.M. No. MTJ-02-1390
April 11,
2002
(Formerly IPI No. 01-1049-MTJ)
MERCEDITA MATA ARAES, petitioner,
vs.
JUDGE SALVADOR M.
OCCIANO, respondent.
FACTS:
CIVIL LAW
CIVIL LAW