Manzano vs Sanchez

354 SCRA 1
March 01, 2008
Art. 34 Requisites for Application

Facts:
Judge Sanchez in this case solemnized the marriage between David Manzano (the legal
husband of herein complainant) and Luzviminda Payao who were bound by prior existing
marriage. Complainant Herminia Borja-Manzano charges Judge Sanchez with gross ignorance of
the law.

She avers that she was the lawful wife of David. Judge Sanchez on the other hand
claimed that he did not know that Manzano was legally married. What he knew was that David
and Luzviminda was living together as husband and wife for 7 years without the benefit of
marriage, as manifested in their joint affidavit.

However, David and Luzviminda, in their separate affidavits, also expressly stated the
fact of their prior existing marriages. Also, in their marriage contract, it was indicated that both
were separated.

Issue:
Whether Judge Sanchez demonstrate gross ignorance of the law when he solemnize the
marriage.

Decision:
Yes, Judge Sancehs committed gross ignorance of the law.

Article 34 of the Family Code provides that, no license shall be necessary for the
marriage of a man and a woman who have lived together as husband and wife for at least five
years and without any legal impediment to marry each other. The contracting parties shall state
the foregoing facts in an affidavit before any person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to the marriage.

Here, in their separate affidavits, David and Luzviminda expressly stated the fact of their
prior existing marriage. Also, in their marriage contract, it was indicated that both were separated
thereby showing legal impediment to marry each other.

Therefore, Judge Sanchez demonstrated gross ignorance of the law when he solemnized a
void and bigamous marriage.