G.R. No. MTJ-92-721 September 30, 1994
Juvy N. Cosca, Edmundo B. Peralta, Ramon C. Sambo, and Apollo A. Villamora, complainants, vs. Hon. Lucio P. Palaypayon, Jr., Presiding Judge, and Nelia B. Esmeralda-Baroy, Clerk of Court II, both of the Municipal Trial Court of Tinambac, Camarines Sur, respondents.

FACTS

Complainants, court employees of the Municipal Trial Court of Tinambac, Camarines Sur, filed an administrative complaint against their Presiding Judge, Lucio P. Palaypayon, Jr., and Clerk of Court II, Nelia B. Esmeralda-Baroy. The charges included illegal solemnization of marriage, falsification of monthly reports, bribery, non-issuance of receipts for cash bonds, infidelity in the custody of prisoners, and improper collection of filing fees. The case was referred for investigation. Regarding the charge of illegal solemnization, complainants alleged that respondent judge solemnized marriages for several couples without the requisite marriage license. The corresponding marriage contracts lacked license numbers, dates, and the judge’s signature, and were not filed with the local civil registrar. Respondent judge admitted to solemnizing one marriage without a license, claiming it fell under Article 34 of the Civil Code, and acknowledged another due to party insistence, but denied signing the contract. He denied solemnizing the other alleged marriages.

ISSUE

Whether respondents are administratively liable for the charges, particularly for the illegal solemnization of marriages and falsification of reports.

RULING

Yes, respondents are administratively liable. The Court found the charges substantiated. A marriage license is a mandatory formal requisite, and its absence generally renders a marriage void ab initio. By solemnizing marriages without licenses, respondent judge exhibited gross ignorance of the law and engaged in serious misconduct. His actions showed a blatant disregard for the legal solemnity of marriage. The investigation also established his liability for falsifying the court’s monthly report by underreporting notarized documents and the corresponding fees collected. For these acts, which constitute gross negligence and misconduct, the Court imposed upon Judge Palaypayon a fine of Twenty Thousand Pesos (P20,000.00) with a stern warning. Clerk of Court Baroy, as a co-conspirator in the irregularities and for her own infractions, was found guilty of dishonesty and grave misconduct. She was dismissed from service with forfeiture of all retirement benefits and with prejudice to re-employment in any government agency. The Court also directed that copies of the decision be furnished to the Ombudsman for potential criminal action.