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Judicial Conduct and Accountability

Respondent judge stands accused of neglect of duty and abuse of authority for solemnizing a marriage outside of his jurisdiction. The facts are that the judge performed a marriage ceremony at his home for a couple who urgently requested it, as the bride was an overseas worker. However, the law only allows marriages to be performed outside the courtroom or chambers in specific situations, such as when one party is dying or in a remote area. Since neither exception applied in this case, and there was no written request from the parties, the judge violated the law by performing the marriage elsewhere without cause. Judges must not only apply the law but also abide by it at all times without shortcuts, and perform their duties with great care and thoroughness.

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746 views1 page

Judicial Conduct and Accountability

Respondent judge stands accused of neglect of duty and abuse of authority for solemnizing a marriage outside of his jurisdiction. The facts are that the judge performed a marriage ceremony at his home for a couple who urgently requested it, as the bride was an overseas worker. However, the law only allows marriages to be performed outside the courtroom or chambers in specific situations, such as when one party is dying or in a remote area. Since neither exception applied in this case, and there was no written request from the parties, the judge violated the law by performing the marriage elsewhere without cause. Judges must not only apply the law but also abide by it at all times without shortcuts, and perform their duties with great care and thoroughness.

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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
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DESCRIPTION OF DOCTRINE: A person presiding over a court of law must not only apply

the law but must also live and abide by it and render justice at all times without resorting to
shortcuts clearly uncalled for. A judge is not only bound by oath to apply the law; he must
also be conscientious and thorough in doing so. Certainly, judges, by the very delicate
nature of their office should be more circumspect in the performance of their duties.
TOPIC: Art. 7
TITLE / DATE: Beso vs. Daguman, A.M. No. MTJ-99-1211, January 28, 2000
PONENTE: YNARES-SANTIAGO, J
Facts:
In this administrative complaint, respondent Judge stands charged with Neglect of
Duty and Abuse of Authority. In a Complaint-Affidavit dated December 12, 1997, Zenaida S.
Beso charged Judge Juan J. Daguman, Jr. with solemnizing marriage outside of his jurisdiction
and of negligence in not retaining a copy and not registering the marriage contract with the
office of the Local Civil Registrar.
Respondent Judge interposed the following defenses:
1.)On August 28, 1997 respondent was physically indisposed and unable to report to his
station in Sta. Margarita. In the forenoon of that date, without prior appointment,
complainant Beso and Mr. Yman unexpectedly came to the residence of respondent in said
City, urgently requesting the celebration of their marriage; 2.) Complainant bride is an
accredited Filipino overseas worker, who, respondent realized, deserved more than ordinary
official attention under present Government policy. At the time respondent solemnized the
marriage in question, he believed in good faith that by so doing he was leaning on the side
of liberality of the law so that it may be not be too expensive and complicated for citizens to
get married.
Issue:
Whether or not respondent judge is administratively liable?
Ruling:
Yes. As the above-quoted provision clearly states, a marriage can be held outside the
judges chambers or courtroom only in the following instances: 1.] at the point of death; 2.]
in remote places in accordance with Article 29, or 3.] upon the request of both parties in
writing in a sworn statement to this effect.
In this case, there is no pretense that either complainant Beso or her fiance Yman
was at the point of death or in a remote place. Neither was there a sworn written request
made by the contracting parties to respondent Judge that the marriage be solemnized
outside his chambers or at a place other than his sala. What, in fact, appears on record is
that respondent Judge was prompted more by urgency to solemnize the marriage of Beso
and Yman because complainant was "[a]n overseas worker, who, respondent realized
deserved more than ordinary official attention under present Government policy."
Respondent Judge further avers that in solemnizing the marriage in question, "[h]e believed
in good faith that by doing so he was leaning on the side of liberality of the law so that it
may not be too expensive and complicated for citizens to get married."
A person presiding over a court of law must not only apply the law but must also live
and abide by it and render justice at all times without resorting to shortcuts clearly uncalled
for. A judge is not only bound by oath to apply the law; he must also be conscientious and
thorough in doing so. Certainly, judges, by the very delicate nature of their office should be
more circumspect in the performance of their duties.

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