Manzano vs Sanchez

Manzano vs. Sanchez

AM No. MTJ-001329, March 8, 2001

FACTS:

Herminia Borja-Manzano was the lawful wife of the late David

Manzano having been married on May 21, 1966 in San Gabriel
Archangel Parish in Caloocan. They had four children. On March
22, 1993, her husband contracted another marriage with
Luzviminda Payao before respondent Judge. The marriage contract
clearly stated that both contracting parties were separated thus,
respondent Judge ought to know that the marriage was void and
bigamous. He claims that when he officiated the marriage of David
and Payao, he knew that the two had been living together as
husband and wife for seven years as manifested in their joint
affidavit that they both left their families and had never cohabit or
communicated with their spouses due to constant quarrels.

ISSUE: Whether the solemnization of a marriage between two

contracting parties who both have an existing marriage can contract
marriage if they have been cohabitating for 5 years under Article 34
of Family Code.

HELD:

Among the requisites of Article 34 is that parties must have no legal

impediment to marry each other. Considering that both parties has
a subsisting marriage, as indicated in their marriage contract that
they are both separated is an impediment that would make their
subsequent marriage null and void. Just like separation, free and
voluntary cohabitation with another person for at least 5 years does
not severe the tie of a subsisting previous marriage. Clearly,
respondent Judge Sanchez demonstrated gross ignorance of the law
when he solemnized a void and bigamous marriage.