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FIRST DIVISION

[Adm. Matter No. MTJ-94-963. July 14, 1995.]

MARILOU NAMA MORENO, Complainant, v. JUDGE JOSE C. BERNABE, Metropolitan Trial Court,
Branch 72, Pasig, Metro Manila, Respondent.

SYLLABUS

l. JUDICIAL ETHICS; ACT TO SOLEMNIZE MARRIAGE WITHOUT REQUISITE MARRIAGE LICENSE

CONSTITUTES MISCONDUCT. — Respondent judge, by his own admission that he solemnized the
marriage between complainant and Marcelo Moreno without the required marriage license, has dismally
failed to live up to his commitment to be the "embodiment of competence, integrity and independence"
and to his promise to be "faithful to the law." Respondent cannot hide behind his claim of good faith and
Christian motives which, at most, would serve only to mitigate his liability but not exonerate him
completely. Good intentions could never justify violation of the law. A case in point, a definite precedent
and a clear basis in determining the liability of Respondent in the instant case is Cosca, Et. Al. v.
Palaypayon, Jr., Et. Al. (A.M. No. MTJ-92-721, Sept. 30, 1994) where Judge Palaypayon, Jr. was duly
fined and sternly warned for, among others, solemnizing marriages without licenses. We declared: ... the
conduct and behavior of everyone connected with an office charged with the dispensation of justice, from
the presiding judge to the lowliest clerk, should be circumscribed with the heavy burden of responsibility.
His conduct, at all times, must not only be characterized by propriety and decorum but, above all else,
must be beyond suspicion. Every employee should be an example of integrity, uprightness and honesty.
Integrity. in a judicial office is more than a virtue, it is a necessity. It applies, without qualification as to
DebtKollect Company, Inc. rank or position, from the judge to the least of its personnel, they being standard-bearers of the exacting
norms of ethics and morality imposed upon a Court of justice. On the charge regarding illegal marriages
the Family Code pertinently provides that the formal requisites of marriage are, inter alia, a valid
marriage license except in the cases provided for therein. Complementarily, it declares that the absence
of any of the essential or formal requisites shall generally render the marriage void ab initio and that,
while an irregularity in the formal requisites shall not affect the validity of the marriage, the party or
parties responsible for the irregularity shall be civilly, criminally and administratively liable. The civil
aspect is addressed to the contracting parties and those affected by the illegal marriages, and what we
are providing for herein pertains to the administrative liability of respondents, all without prejudice to
their criminal responsibility. The Revised Penal Code provides that" [p]riests or ministers of any religious
denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony
shall be punished in accordance with the provisions of the Marriage Law." This is of course, within the
province of the prosecutorial agencies of the Government.

2. ID.; WITHDRAWAL OF COMPLAINT DOES NOT NECESSARILY WARRANT DISMISSAL OF THE

ADMINISTRATIVE CHARGE. — On the alleged withdrawal of the complaint against ‘Respondent judge, we
reiterate our ruling in Imbing v. Tiongson (229 SCRA 690 [1994]): The fact that complainant has lost
interest in prosecuting the administrative case against herein respondent judge will not necessarily
warrant a dismissal thereof. Once charges have been filed, the Supreme Court may not be divested of its
jurisdiction to investigate and ascertain the truth of the matter alleged in the complaint. The Court has
an interest in the conduct of members of the Judiciary and in improving the delivery of justice to the
ChanRobles Intellectual Property people, and its efforts in that direction may not be derailed by the complainant’s desistance from further
Division prosecuting the case he or she initiated. To condition administrative actions upon the will of every
complainant, who may, for one reason or another, condone a detestable act, is to strip this Court of its

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9/18/2019 Adm. Matter No. MTJ-94-963 July 14, 1995 - MARILOU NAMA MORENO v. JOSE C. BERNABE : JULY 1995 - PHILIPPINE SUPREME COURT …
supervisory power to discipline erring members of the Judiciary. Definitely, personal interests are not
material or controlling. What is involved here is a matter of public interest considering that respondent is
no ordinary citizen but an officer of the court whose personal behavior not only upon the bench and in
the performance of judicial duties, but also in his everyday life, should be beyond reproach.

DECISION

KAPUNAN, J.:

The responsibility of a judge is indeed heavy. As the incarnation of law and justice, it is his sworn duty to
lead by example, to be the example. But how can he inspire the people to live by the law if he himself
fails to do so?

Marilou Nama Moreno filed this complainant against Judge C. Bernabe of the Metropolitan Trial Court,
Branch 72, Pasig, Metro Manila for grave misconduct and gross ignorance of the law.

Complainant alleges that on October 4, 1993, she and Marcelo Moreno were married before respondent
Judge Bernabe. She avers that respondent Judge assured her that the marriage contract will be released
ten (10) days after October 4, 1993. Complainant then visited the office of the Respondent Judge on
October 15, 1993 only to find out that she could not get the marriage contract because the Office of the
Local Civil Registrar failed to issue a marriage license. She claims that respondent Judge connived with
the relatives of Marcelo Moreno to deceive her. 1

In his comment, 2 Respondent denied that he conspired with the relatives of Marcelo Moreno to
solemnize the marriage for the purpose of deceiving the complainant.

Respondent contends: chanrob1es virtual 1aw library

1. That the Local Civil Registrar of Pasig has actually prepared the marriage license but it was not
released due to the subsequent objection of the father of Marcelo Moreno;

2. That he did not violate the law nor did he have the slightest intention to violate the law when he, in
good faith, solemnized the marriage, as he was moved only by a desire to help a begging and pleading
complainant who wanted some kind of assurance or security due to her pregnant condition;
July-1995 Jurisprudence                 
3. That in order to pacify complainant, Marcelo Moreno requested him to perform the marriage
Adm. Matter No. MTJ-93-835 July 3, 1995 - ceremony, with the express assurance that "the marriage license was definitely forthcoming since the
GERARDO C. ALVARADO v. LILY A. LAQUINDANUM necessary documents were complete;" 3

G.R. No. 107748 July 3, 1995 - PEOPLE OF THE 4. That the contracting parties were not known to him; and
PHIL. v. MARCIANO SAPURCO
5. That both parties, particularly the complainant, were fully apprised of the effects of a marriage
G.R. No. 109248 July 3, 1995 - GREGORIO F. performed without the required marriage license.
ORTEGA, ET AL. v. COURT OF APPEALS, ET AL.
In a Resolution dated August 10, 1994, we referred this matter for investigation, report and
G.R. No. 110558 July 3, 1995 - PEOPLE OF THE
recommendation to Executive Judge Martin Villarama, Jr., of the Regional Trial Court of Pasig, Metro
PHIL. v. CELEDONIO B. DE LEON, ET AL.
Manila, Branch 156.
G.R. No. 112279 July 3, 1995 - PEOPLE OF THE
PHIL. v. ROBERT ALBAN, ET AL. In his Memorandum of October 11, 1994, Judge Villarama, Jr. recommended the dismissal of the
complaint against Respondent for failure of complainant to appear on any of the scheduled hearings and
G.R. No. 114698 July 3, 1995 - WELLINGTON on the basis of a "Sinumpaang Salaysay" 4 executed on behalf of complainant who has left for Singapore
INVESTMENT AND MANUFACTURING CORPORATION by her elder sister Sherlita N. Bendanillo expressly withdrawing her complaint against Respondent.
v. CRESENCIANO B. TRAJANO, ET AL.
Judge Villarama, however, also recommended that the respondent be issued a stern warning "in view of
G.R. No. 115304 July 3, 1995 - PEOPLE OF THE the fact on record that he indeed solemnized a marriage without the requisites marriage license . . . ." 5
PHIL. v. ROLAND L. MELOSANTOS
On November 7, 1994, we referred the aforementioned Memorandum to the Office of the Court
G.R. No. 110240 July 4, 1995 - ENJAY INC. v. Administrator for evaluation, report and recommendation.
NATIONAL LABOR RELATIONS COMMISSION, ET AL.

G.R. No. 109036 July 5, 1995 - BARTOLOME F.

In its Memorandum dated January 17, 1995, the Office of the Court Administrator stated: chanrob1es virtual 1aw library

MERCADO v. COURT OF APPEALS, ET AL.

Careful study of the records reveal that indeed respondent Judge displayed his ignorance of the law when
Adm. Case No. 2747 July 6, 1995 - GODOFREDO A. he solemnized the marriage without a marriage license. As a judge, he is presumed to be aware of the
VILLALON v. JIMENEZ B. BUENDIA existence of Article 3(2) of the Family Code of the Philippines (E.O. 209, as amended by E.O. 227), which
provides of a marriage is a valid marriage license. Absence of said requisite will make the marriage void
Adm. Matter No. P-94-1008 July 6, 1995 - from the beginning (Article 35 [3], the Family Code of the Philippines). Judges are enjoined to show more
FLORENTINA BILAG-RIVERA v. CRISANTO FLORA than just a cursory acquaintance of the law and other established rules. 6
Adm. Matter No. P-94-1026 July 6, 1995 - VICTOR It recommended that Respondent be held liable for misconduct for solemnizing a marriage without a
BASCO v. DAMASO GREGORIO
marriage license and that the appropriate administrative sanctions be imposed against him. 7
G.R. No. 100912 July 6, 1995 - PEOPLE OF THE
PHIL. v. ZALDY A. CRISTOBAL
We concur with the findings and recommendation of the office of the Court Administrator.

G.R. Nos. 103560 & 103599 July 6, 1995 - GOLD Respondent, by his own admission 8 that he solemnized the marriage between complainant and Marcelo
CITY INTEGRATED PORT SERVICE, INC. v. NATIONAL Moreno without the required marriage license, has dismally failed to live up to his commitment to be the
LABOR RELATIONS COMMISSION, ET AL. "embodiment of competence, integrity and independence" 9 and to his promise to be "faithful to the
law." 10
G.R. No. 109166 July 6, 1995 - HERNAN R. LOPEZ,
JR. v. NATIONAL LABOR RELATIONS COMMISSIONS, Respondent cannot hide behind his claim of good faith and Christian motives which, at most, would serve
ET AL. only to mitigate his liability could never justify violation of the law.
G.R. Nos. 112973-76 July 6, 1995 - PEOPLE OF THE
Must we always repeat our reminder in Uy v. Dizon Capulong 11 and several other cases 12 that —
PHIL. v. FERNANDO PAGCU, JR.

G.R. No. 110321 July 7, 1995 - HILARIO

. . . the judge is the visible representation of law and justice from whom the people draw their will and
VALLENDE, ET AL. v. NATIONAL LABOR RELATIONS awareness to obey the law. For the judge to return that regard, the latter must be the first to abide by
COMMISSION, ET AL. the law and weave an example for the others to follow. The judge should be studiously careful to avoid
even the slightest infraction of the law. To fulfill this mission, the judge should keep abreast of the law,
G.R. No. 112629 July 7, 1995 - PHIL. NATIONAL the rulings and doctrines of this Court. If the judge is already aware of them, the latter should not
CONSTRUCTION CORPORATION v. NATIONAL LABOR deliberately refrain from applying them; otherwise such omission can never be excused.
RELATIONS COMMISSION, ET AL.
And have we not frequently stressed that: chanrob1es virtual 1aw library

G.R. No. 118644 July 7, 1995 - EPIMACO A.

VELASCO v. COURT OF APPEALS, ET AL. . . . judges should endeavor to maintain at all times the confidence and high respect accorded to those
who wield the gavel of justice. Circular No. 13, dated July 1, 1987, enjoins judges "to conduct
G.R. No. 102930 July 10, 1995 - BONIFACIO
themselves strictly in accordance with the mandate of existing laws and the Code of Judicial Conduct that
MONTILLA PEÑA v. CA, ET AL.
they be exemplars in their communities and the living personification of justice and the Rule of Law . . . .
G.R. No. 119055 July 10, 1995 - ROY RODILLAS v. 13
COMMISSION ON ELECTIONS, ET AL.
A case in point, a definite precedent and a clear basis in determining the liability of respondent in the
instant case is Cosca, Et. Al. v. Palaypayon, Jr., Et. Al. 14 where Judge Palaypayon, Jr. was duly fined
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9/18/2019 Adm. Matter No. MTJ-94-963 July 14, 1995 - MARILOU NAMA MORENO v. JOSE C. BERNABE : JULY 1995 - PHILIPPINE SUPREME COURT …
CBD Case No. 251 July 11, 1995 - ADELINA T. and sternly warned for, among others, solemnizing marriages without licenses. We declared: chanrob1es virtual 1aw library

VILLANUEVA v. TERESITA STA. ANA

. . . the conduct and behavior of everyone connected with an office charged with the dispensation of
G.R. No. 109370 July 11, 1995 - ROGELIO PARMA Justice, from the presiding judge to the lowliest clerk, should be circumscribed with the heavy burden of
v. COURT OF APPEALS, ET AL.
responsibility. His conduct, at all times, must not only be characterized by propriety and decorum but,
above all else, must be beyond suspicion. Every employees should be an example of integrity in a judicial
G.R. No. 110015 July 11, 1995 - MANILA BAY CLUB
CORP. v. COURT OF APPEALS, ET AL.
office is more than a virtue, it is a necessity. It applies, without qualification as to rank or position, from
the judge to the least of its personnel, they being standard-bearers of the exacting norms of ethics and
G.R. No. 112046 July 11, 1995 - PEOPLE OF THE morality imposed upon a Court of justice.
PHIL. v. ANTHONY ONG CO
On the charge regarding illegal marriages the Family Code pertinently provides that the formal requisites
G.R. No. 115245 July 11, 1995 - JUANITO C. PILAR of marriage are, inter alia, a valid marriage license except in the cases provided for therein.
v. COMMISSION ON ELECTION Complementarily, it declares that the absence of any of the essential or formal requisites shall generally
render the marriage void ab initio and that, while an irregularity in the formal requisites shall not effect
G.R. No. 116008 July 11, 1995 - METRO TRANSIT the validity of the marriage, the party or parties responsible for the irregularity shall be civilly, criminally
ORGANIZATION, INC. v. NATIONAL LABOR and administratively liable.
RELATIONS COMMISSION, ET AL.
The civil aspect is addressed to the contracting parties and those affected by the illegal marriages, and
G.R. No. 79896 July 12, 1995 - PEOPLE OF THE
PHIL. v. DELFIN L. REYES, ET AL.
what we are providing for herein pertains to the administrative liability of respondents, all without
prejudice to their criminal responsibility. The Revised Penal Code provides that" [p]riests or ministers of
G.R. No. 114167 July 12, 1995 - COASTWISE any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage
LIGHTERAGE CORPORATION v. COURT OF APPEALS, ceremony shall be punished in accordance with the provisions of the Marriage Law." This is of course,
ET AL. within the province of the prosecutorial agencies of the Government.

G.R. No. 114186 July 12, 1995 - PEOPLE OF THE Finally, on the alleged withdrawal of the complaint against ‘Respondent, we reiterate our ruling in Imbing
PHIL. v. SALVADOR R. ERNI v. Tiongson: 15
Adm. Case No. 3283 July 13, 1995 - RODOLFO The fact that complaint has lost interest in prosecuting the administrative case against herein respondent
MILLARE v. EUSTAQUIO Z. MONTERO
judge will not necessarily warrant a dismissal thereof. Once charges have been filed, the Supreme Court
may not be divested of its jurisdiction to investigate and certain the truth of the matter alleged in the
Adm. Matter Nos. MTJ-93-806 & MTJ-93-863 July
13, 1995 - ERLINO LITIGIO, ET AL. v. CELESTINO V.
complaint. The Court has an interest in the conduct of members of the judiciary and in improving the
DICON delivery of justice to the people, and its efforts in that direction may not be detailed by the complainant’s
desistance from further prosecuting the case he or she initiated.
Bar Matter No. 712 July 13, 1995 - IN RE: AL C.
ARGOSINO To condition administrative actions upon the will of every complainant, who may, for one reason or
another, condone a detestable act, is to strip this Court of its supervisory power to discipline erring
G.R. No. 106769 July 13, 1995 - PEOPLE OF THE members of the Judiciary. Definitely, personal interests are not material or controlling. What is involved
PHIL. v. ROMEO WEDING here is a matter of public interest considering that respondent is no ordinary citizen but an officer of the
court whose personal behavior not only upon the bench and in the performance of judicial duties, but
G.R. No. 109573 July 13, 1995 - SEVEN BROTHERS also in his everyday life, should be beyond reproach.
SHIPPING CORPORATION v. COURT OF APPEALS, ET
AL.
WHEREFORE, PREMISES CONSIDERED, Respondent is hereby ordered to pay a fine of P10,000.00 and is
G.R. No. 110580 July 13, 1995 - MANUEL BANSON
STERNLY WARNED that a repetition of the same or similar acts will be dealt with more severely.
v. COURT OF APPEALS, ET AL.
SO ORDERED.
G.R. No. 110930 July 13, 1995 - OSCAR LEDESMA
AND COMPANY, ET AL. v. NATIONAL LABOR Padilla, Davide, Jr., Bellosillo and Quiason, JJ., concur.
RELATIONS COMMISSION, ET AL.

G.R. No. 116049 July 13, 1995 - PEOPLE OF THE Endnotes:

PHIL. v. EUSTAQUIO Z. GACOTT, JR., ET AL.

Adm. Case No. 1048 July 14, 1995 - WELLINGTON

REYES v. SALVADOR M. GAA 1. Memorandum from the Office of the Court Administrator, signed by Deputy Court
Administrator Juanito A. Bernard as approved by Court Administrator Ernani Cruz Pano,
Adm. Matter No. MTJ-90-400 July 14, 1995 - Rollo, p. 58.
SUSIMO MOROÑO v. AURELIO J.V. LOMEDA
2. Rollo, pp. 14-16.
Adm. Matter No. MTJ-93-818 July 14, 1995 -
ENRIQUITO CABILAO, ET AL. v. AGUSTIN T. SARDIDO 3. Id. at 15.
Adm. Matter No. MTJ-94-932 July 14, 1995 - JESUS 4. Rollo, p. 49.
F. MANGALINDAN v. COURT OF APPEALS, ET AL.
5. Id. at 56.
Adm. Matter No. MTJ-94-963 July 14, 1995 -
MARILOU NAMA MORENO v. JOSE C. BERNABE
6. Id. at 59.
Adm. Matter No. P-94-1012 July 14, 1995 -
ERNESTO G. OÑASA, JR. v. EUSEBIO J. VILLARAN 7. Id. at 60.

Adm. Matter No. P-94-1030 July 14, 1995 - 8. Pre-hearing Order dated September 6, 1994 issued by Executive Judge Martin S.
GABRIEL C. ARISTORENAS, ET AL. v. ROGELIO S. Villarama, Jr. which contains the following admissions made by Respondent at the pre-
MOLINA, ET AL. hearing conference: chanrob1es virtual 1aw library

Adm. Matter No. P-94-1075 July 14, 1995 - OFFICE x x x

OF THE COURT ADMINISTRATOR v. LOLITA A. GRECIA

Adm. Matter No. P-94-1086 July 14, 1995 - ALFERO

C. BAGANO v. ARTURO A. PANINSORO
3. That respondent Judge Solemnized the marriage of the complainant and one Marcelo
Moreno on Oct. 4, 1993;
G.R. Nos. L-66211 & L-70528-35 July 14, 1995 -
ARTURO Q. SALIENTES v. INTERMEDIATE APPELLATE 4. That at that time, i.e., at the time the marriage was solemnized, the marriage license
COURT, ET AL. has not yet been issued/released by the Local Civil Registrar of Pasig;

G.R. Nos. 82220, 82251 & 83059 July 14, 1995 - x x x (Rollo, p. 92).
PABLITO MENESES v. COURT OF APPEALS, ET AL.
9. Rule 1.01 Canon 1 Code of Judicial Conduct.
G.R. No. 88384 July 14, 1995 - FEDERATION OF
LAND REFORM FARMERS OF THE PHILIPPINES, ET AL.
10. Rule 3.01 Canon 3 Code of Judicial Conduct.
v. COURT OF APPEALS, ET AL.

G.R. No. 89103 July 14, 1995 - LEON TAMBASEN v.

11. 221 SCRA 87 (1993).
PEOPLE OF THE PHIL., ET AL.
12. Garcia v. De la Pena, 229 SCRA 766 (1994); OCA v. GINES, 224 SCRA 261 (1993);
G.R. No. 91494 July 14, 1995 - CONSOLIDATED Garganera v. Jocson, 213 SCRA 149 (1992).
BANK AND TRUST CORPORATION v. COURT OF
APPEALS, ET AL. 13. Cuaresma v. Aguilar, 226 SCRA 73 (1993).

G.R. Nos. 92167-68 July 14, 1995 - PEOPLE OF THE 14. A.M. No. MTJ-92-721, Sept. 30, 1994.
PHIL. v. JOSE R. LEGASPI, ET AL.
15. 229 SCRA 690 (1994).
G.R. No. 92660 July 14, 1995 - PEOPLE OF THE
PHIL. v. SIXTO MORICO

G.R. No. 96489 July 14, 1995 - NICOLAS G. SINTOS

v. COURT OF APPEALS, ET AL.
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PHIL. v. TORTILLANO NAMAYAN

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PHIL. v. RENATO R. MONTIERO

G.R. No. 111905 July 31, 1995 - ORIENTAL

MINDORO ELECTRIC COOPERATIVE, INC. v.
NATIONAL LABOR RELATIONS COMMISSION, ET AL.

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