Well-founded belief

A LAW EACH DAY

- JOSE C. SISON

Can a spouse marry the second time merely because of a well-founded belief that the absent spouse was already dead? If a marriage is solemnized by a judge outside the area of his jurisdiction, is the marriage invalid? These are the two questions raised in an administrative case against Municipal Circuit Trial Court (MTCC) Judge HD whose jurisdiction covers the Municipality of Sta. Monica and Burgos, Surigao del Norte.

On Sept. 27, 1994, Judge HD solemnized the wedding of Albert and Analyn. Albert listed his status in the marriage contract as "separated" but Judge HD still proceeded to solemnize their wedding on the basis of an affidavit acknowledged before the MTC judge of Basey, Samar by two witnesses who attested that they knew Albert to have been civilly married to Gina in September 1983; that after 13 years of cohabitation and having borne five children, Gina left the conjugal dwelling and that she has not returned nor been heard of for almost seven years, thereby giving rise to the presumption that she is already dead.