PFR_Cases90419.docx - FIRST DIVISION[A.M No MTJ-99-1211 ZENAIDA S BESO Complainant v Judge JUAN DAGUMAN MCTC Sta Margarita-Tarangan-Pagsanjan Samar

PFR_Cases90419.docx - FIRST DIVISION[A.M No MTJ-99-1211...

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FIRST DIVISION[A.M. No. MTJ-99-1211. January 28, 2000.]ZENAIDA S. BESO, Complainant, v. Judge JUAN DAGUMAN, MCTC, Sta. Margarita-Tarangan-Pagsanjan, Samar, Respondent.D E C I S I O NYNARES-SANTIAGO, J.: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 alleging —"a. That on August 28, 1997, I and my fiancee (sic) BERNARDITO A. YMAN got married and our marriage was solemnized by judge (sic) Juan Daguman in his residence in J.P.R. Subdivision in Calbayog City, Samar; . . .chanrobles virtuallawlibraryb. That the ceremony was attended by PACIFICO MAGHACOT who acted as our principal sponsor and spouses RAMON DEAN and TERESITA DEAN; . . .c. That after our wedding, my husband BERNARDINO YMAN abandoned me without any reason at all;d. That I smell something fishy; so what I did was I went to Calbayog City and wrote the city Civil Registrar to inquire regarding my Marriage Contract;e. That to my surprise, I was informed by the Local Civil Registrar of Calbayog City that my marriage was not registered; . . .f. That upon advisement of the Local Civil Registrar, I wrote Judge Juan Daguman, to inquire;g. That to my second surprise, I was informed by Judge Daguman that all the copies of the Marriage Contract were taken by Oloy (Bernardito A. Yman);h. That no copy was retained by Judge Daguman;i. That I believe that the respondent judge committed acts prejudicial to my interest such as:chanrob1es virtual 1aw library1. Solemnizing our marriage outside his jurisdiction;2. Negligence in not retaining a copy and not registering our marriage before the office of the local Civil Registrar."cralaw virtua1aw libraryThe Affidavit-Complaint was thereafter referred to respondent Judge for comment.In his Comment, respondent Judge averred that:chanrob1es virtual 1aw library1. The civil marriage of complainant Zenaida Beso and Bernardito Yman had to be solemnized by respondent in CalbayogCity though outside his territory as municipal Judge of Sta. Margarita, Samar due to the following and pressing circumstances:chanrob1es virtual 1aw library1.1. 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 right then and there, first, because complainants said she must leave that same day to be able to fly from Manila for abroad as scheduled; second, that for the parties to go to another town for the marriage would be expensive and would entail serious problems of finding a solemnizing officer and another pair of witnesses or sponsors, while in fact former Undersecretary Pacifico Maghacot, Sangguniang Panlungsod [member] Ramon Dean were already with them as sponsors; third, if they failed to get married
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