EN BANC
A.C. No. 9920 [Formerly A.M. No. MTJ-07-1691], August 30, 2016
OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE ROSABELLA M. TORMIS, Respondent.
R E S O L U T I O N
PER CURIAM:
Six hundred forty-three (643) marriage certificates were examined by the judicial audit team. The team reported that out of the 643 marriage certificates examined, 280 marriages were solemnized under Article 34 of the Family Code. The logbooks of the MTCC Branches indicate a higher number of solemnized marriages than the number of marriage certificates in the courts' custody. There is also an unusual number of marriage licenses obtained from the local civil registrars of the towns of Barili and Liloan, Cebu. There were even marriages solemnized at 9 a.m. with marriage licenses obtained on the same day. The town of Barili, Cebu is more than sixty (60) kilometers away from Cebu City and entails a travel time of almost two (2) hours. Liloan, Cebu, on the other hand, is more than ten (10) kilometers away from Cebu City.15 (Citations omitted)The Report included the court employees' admissions of their participation in the alleged misdeeds. The following personnel substantiated the charges against Tormis:
(1) | Celeste P. Retuya, Clerk III of Branch 6 of the Municipal Trial Court in.Cities, Cebu City, confirmed that she would personally assist couples who wished to be married by checking that their documents were complete before referring them to the judges, including Tormis;16 |
(2) | Corazon P. Retuya, Court Stenographer of Branch 6 of the Municipal Trial Court in Cities, Cebu City, "narrated several anomalies involving foreign nationals and their acquisition of marriage licenses from the local civil registrar of Barili, Cebu despite the fact that parties were not residents of Barili."17 These marriages were solemnized by Tormis;18 |
(3) | Rhona F. Rodriguez, Administrative Officer I of the Office of the Clerk of Court of the Regional Trial Court, Cebu City, would aid couples in the solemnization of their marriages by referring them to the judges;19 |
(4) | Emma D. Valencia, Court Stenographer III of Branch 18 of the Regional Trial Court, Cebu City, "admitted that she assisted couples seeking to get married and that most of the marriage licenses were obtained from the local civil registrar of Barili and Liloan, Cebu because the registrars in those towns were not strict about couples' attendance in the family planning seminar";20 |
(5) | Marilou Cabañez, Court Stenographer of Branch 4 of the Municipal Trial Court in Cities, Cebu City, admitted that she would assist couples and refer them to the judges, including Tormis.21 She added that "during the 8th, 18th, and 28th of the month, seven (7) to eight (8) couples would go directly to Judge Rosabella M. Tormis for a fifteen-minute marriage solemnization";22 |
(6) | Rebecca L. Alesna, Court Interpreter of Branch 1 of the Municipal Trial Court in Cities, Cebu City, admitted that "she usually referred couples to Judges Necessario or Tormis. Couples who wanted to get married under Article 34 of the Family Code were advised to buy a pro-forma affidavit of joint cohabitation for ten pesos (P10)";23 and |
(7) | Filomena C. Lopez, Local Civil Registrar of Barili, Cebu, admitted that she did not examine marriage applications.24 Couples who were not Barili residents could obtain a marriage license from her, provided that they had relatives residing in Barili;25cralawredcralawred |
gross inefficiency or neglect of duty for solemnizing marriages with questionable documents, for failure to make sure that the solemnization fee has been paid, for solemnizing marriages wherein one of the contracting parties is a foreigner who submitted a mere affidavit of his capacity to marry in lieu of the required certificate from the embassy and for solemnizing a marriage with an expired license.46chanroblesvirtuallawlibraryThis Court upheld the findings of the Office of the Court Administrator and noted the individual liability of the judges:ChanRoblesVirtualawlibrary
Liability of Judge Rosabella M. TormisThis Court ruled that:ChanRoblesVirtualawlibrary
Judge Tormis solemnized a total of one hundred eighty-one (181) marriages from 2003 to 2007 based on the marriage certificates actually examined. However, the monthly report of cases showed that she solemnized three hundred five (305) marriages instead for the years 2004 to 2007. The OCA report also noted that it was only in July 2007 that her court started to use a logbook to keep track of marriages.
Respondent judge solemnized thirty-seven (37) marriages with incomplete or missing documents such as the marriage license, certificate of legal capacity to marry, and the joint affidavit of cohabitation. In several instances, only affidavits were submitted by the foreign parties in lieu of the certificate of legal capacity to marry.
Judge Tormis solemnized thirteen (13) marriages despite the questionable character of the validity of the required documents particularly the marriage license. The judicial audit team found numerous erasures and superimpositions on entries with regard to the parties' place of residence. In one instance, the judge solemnized the marriage of Rex Randy E. Cujardo and Anselma B. Laranio on 28 December 2006 despite the marriage license containing a rubberstamp mark saying, "THIS LICENSE EXPIRES ON" and a handwritten note saying "12/28/06" under it.
The judge solemnized a total of forty-seven (47) marriages under Article 34 of the Family Code wherein the marriage requirements' authenticity was doubtful due to the circumstances of the cohabitation of the parties and the given address of the parties. These irregularities were evident in the case of 22-year-old John Rey R. Tibalan and Ana Liza Secuya who were married on 25 May 2007. The residential address of the couple in the marriage certificate is "Sitio Bamboo, Buhisan, Cebu City." Flowever, there was an application for marriage license attached to the marriage certificate showing that Secuya's address is "F. Lopez Comp. Morga St., Cebu City."47chanroblesvirtuallawlibrary
The affidavits of Celerina Plaza (Plaza) and Crisanto Dela Cerna (Dela Cerna) resulted from Marilou Cabañes' (Cabañes) and Helen Mongaya's (Mongaya) separate supplemental comments on the charges against them.49 Cabañes, then Court Stenographer of Branch 4, named Plaza as Tormis' assistant, in charge of meeting couples at their lobby.50 On the other hand, Mongaya, then Court Interpreter of Branch 4, attached Dela Cerna's affidavit to her comment.51chanrobleslaw. . . .
- Judge Rosabella M. Tormis, Presiding Judge, Municipal Trial Court in Cities, Branch 4, Cebu City, GUILTY of gross inefficiency or neglect of duty and of gross ignorance of the law and that she would have been DISMISSED FROM THE SERVICE with forfeiture of her retirement benefits, except leave credits, if any, and disqualified from reinstatement or appointment to any public office, including government-owned or -controlled corporation, had she not been previously dismissed from service in A.M. No. MTJ-12-1817 (Formerly A.M. No. 09-2-30-MTCC);
The case against Judge Rosabella M. Tormis, including the sworn statements of Celerina Plaza and Crisanto dela Cerna, should be REFERRED to the Office of the Bar Confidant for the purpose of initiating disbarment proceedings against the judge.48 (Emphasis in the original)
(a) | A.M. No. MTJ-07-1691,65 where respondent was dismissed from service, had she not been previously dismissed from service in A.M. No. MTJ-12-181766 for gross inefficiency or neglect of duty and gross ignorance of the law by turning solemnization of marriage into a business;67 |
(b) | A.M. No. MTJ-07-1692,68 where respondent was suspended for six (6) months without salary for gross misconduct for repeatedly disregarding the directives of this Court to furnish the complainant with her comment;69 |
(c) | A.M. No. 04-7-373-RTC70 and A.M. No. 04-7-374-RTC,71 where respondent was fined P5,000.00 for gross violation of Rule 114, Section 1772 of the Revised Rules of Criminal Procedure by inappropriately approving the bail posted by an accused in a criminal case;73 |
(d) | A.M. No. MTJ-05-1609,74 where respondent was severely reprimanded for her "unauthorized receipt of cash bond and keeping the same in her house";75 |
(e) | A.M. No. MTJ-12-1817,76 where respondent was dismissed from service for gross inefficiency, violation of Supreme Court rules, directives and circulars, and gross ignorance of the law;77 and |
(f) | AM. No. MTJ-001337,78 where respondent was reprimanded after being found "guilty of improper conduct for trying to influence the course of litigation in Criminal Case No. 99796- 12."79 She, together with another judge, was admonished for her "unbecoming conduct as dispensers of justice."80 |
[The Supreme Court] made an underground evaluation of the case and made it appear that when she complied with their Resolution in 2 March 2005 to impose a fine of P2,000.00, it was already an admission that "[s]he (respondent) refused to present proof of service to complainant of her Comment or she did not furnish complainant with said document[.]"88chanroblesvirtuallawlibraryFor A.M. No. 04-7-373-RTC and A.M. No. 04-7-374-RTC, respondent claims that this Court "obviously ignored" her explanation.89 She asserts that she was the only available judge at that time since she was working from Mondays through Saturdays and even Sundays due to her load of cases.90chanrobleslaw
For the charge of gross misconduct for the irregularities in the solemnization of marriages as the basis for this disbarment proceedings.The issues for resolution are as follows:
This case was set for hearing. During the scheduled hearing, the representative from OCA manifested that they are presenting two (2) witnesses in the persons of Celerina Plaza and Crisanto Dela Cerna. The purposes of their testimonies are for them to substantiate the allegations against former Judge Tormis, identify and authenticate the existence and veracity of their respective affidavits submitted to the Court. However, the two witnesses failed to appear during the proceedings of this case. Thus, their affidavits are considered hearsay and inadmissible in evidence . . . in this proceeding. The affidavit are [sic] not entirely reliable evidence in court due to their incompleteness and inaccuracies that may have attended in their formulation. The affidavit does not purport to contain a complete narration of facts and that court testimonies are generally viewed as more reliable as they are subjected to cross examination from the opposing party. . . . Likewise, Atty. Rullyn Garcia, the OCA audit team head, failed to appear. The purpose of his testimony would be to shed light more on whether the alleged affidavits executed by Celerina Plaza and Crisanto Dela Cema were actually and voluntarily submitted to the Court and, if so, who required them to execute and submit the same to the Court.
. . . .
The determination of the merit of th[ese] disbarment proceedings may not be relied upon solely on the premise of the dismissal from the service of former Judge Tormis. As earlier discussed, the grounds for dismissal from the service of former Judge Tormis, in her capacity as presiding judge, in administrative matter is different from this disbarment proceedings against her. Otherwise, the Court would have ruled on the disbarment aspect, which shall be incorporated in the decision of dismissal from the service of former Judge Tormis in one decision only. As provided for under the constitutional right to due process, former Judge Tormis should be given full opportunity to be heard and confront witnesses against her in th[ese] disbarment proceedings. This constitutional right should not be denied to former Judge Tormis, who cried for due process since her dismissal from the service.
. . . .
For the dismissal from the service, in her capacity as judge, for gross inefficiency or neglect of duty and of gross ignorance of the law in performance of her duties as presiding judge.
Former Judge Tormis cried for justice in dismissing her from service, as presiding judge, without according her due process. She was not given the opportunity to be heard but the only basis of her dismissal from the service was the testimonies/allegations against her of some courts [sic] personnel, who were allegedly intimidated by the judicial audit team, during the judicial audit. She was not given the chance to confront nor furnished copies of the said court personnel's testimonies. She was denied her constitutional right against searches and seizures of documents from her sala when the audit team obtained documents and records, as evidence against her, when they conducted the investigation in her sala, since she was not informed of the said audit.
In A.M. No P-08-2519 and A.M. No. P-08-2520, the Court held that the rights against unreasonable searches and seizures as provided under Section 2, Article III in the Constitution may be invoked even in administrative proceedings. The exclusionary rule under Section 3 (2), Art. Ill of the Constitution also bars the admission of evidence obtained in violation of such'right. The fact that the present case is administrative in nature, does not render the above principle inoperative. As expounded in Zulueta vs C.A., any violation of the aforestated constitutional right renders the evidence inadmissible for any purpose in any proceedings.
. . . .
Records show that all the administrative sanctions against former Judge Tormis were all for simple gross inefficiency or neglect of duties and gross ignorance of the law in the discharge of her duties and responsibilities as the presiding judge of the MTCC, Br. 4, Cebu City. Neither of these findings held her for gross misconduct, which constitute immoral conduct, that would tend to affect her standing and moral character as an officer of the court and as a member of the Bar. Further, she has never been found guilty for graft and corruption during her entire service in the judiciary as a member of the bench in the lower court that would cause her automatically disbarred from the practice of law.
Finally, the counter-charges of former Judge Tormis against Atty. Rullyn Garcia may not be given due course in th[ese] proceedings for lack of jurisdiction.
WHEREFORE, in the light of the foregoing premises, it is respectfully recommended that the disbarment case against former JUDGE ROSABELLA M. TORMIS be DISMISSED for insufficiency of evidence.111 (Emphasis in the original, citations omitted)
Some administrative cases against Justices of the Court of Appeals and the Sandiganbayan; judges of regular and special courts; and court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer's Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.While respondent blatantly violated particular Canons of Judicial Ethics with her participation in the alleged marriage scam, she similarly breached the following Canons on the Code of Professional Responsibility:ChanRoblesVirtualawlibrary
In any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent Justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. (Emphasis supplied)
CANON 1 - A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.Membership in the bar is an essential requirement for membership in the bench.122 "[T]he moral fitness of a judge also reflects his [or her] moral fitness as a lawyer."123 Consequently, a judge who violates the code of judicial conduct similarly violates his or her lawyer's oath.124chanrobleslaw
Rule 1.01. - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
. . . .
CANON 7 - A lawyer shall at all times uphold the integrity and dignity of the legal profession. . . .
. . . .
Rule 7.03. - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law[.]
Section 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefor. — A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. (Emphasis supplied)Gross misconduct is an "improper or wrong conduct, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent and not mere error in judgment."125 To consider gross misconduct "the elements of corruption, clear intent to violate the law, or flagrant disregard of established rule must be manifest[.]"126chanrobleslaw
The act of solemnizing marriages without the required marriage license constitutes misconduct.128 The positive testimonies substantiate that respondent solemnized marriages without previously issued licenses; hence, respondent's act deviates from the established rule.129 In Arañes v. Occiano:130III. On Judge Rosabella M. Tormis
1. Based on the documents, i.e., marriage certificates and other supporting documents, actually examined, she solemnized a total of one hundred eighty-one (181) marriages from 2003 to 2007, while the monthly reports of cases reflected a total of three hundred and five (305) marriages she solemnized from 2004 to 2007.
2. It was only last July that her court started using a logbook to record the marriages she solemnized, which, as of the date of the judicial audit and investigation, reflected a total of sixty-three (63) marriages for that month.
3. Of the 181 marriages she solemnized, one hundred thirty-one (131), or 72.38% were solemnized under Article 34 of the Family Code, while fifty (50), or 27.62% were with marriage licenses.
4. Of the 50 marriages with marriage license, forty (40), or 80% marriage licenses were obtained from the local civil registrar of Barili, Cebu, while the remaining ten (10), or 20%, were obtained from other local civil registrars.
5. The following marriages were solemnized by her with no or incomplete supporting documents:
chanRoblesvirtualLawlibrary. . . .
6. The following marriages were solemnized by her even if the validity of the supporting documents, especially the marriage licenses presented, appear to be questionable[.]
. . . .
7. The authenticity of the requirements for the following marriages under Article 34 of the Family Code, by reason of the (a) circumstances of the cohabitation, (b) minority during the period of cohabitation, and (c) given address of the contracting parties, appears to be questionable:
chanRoblesvirtualLawlibrary. . . .
8. In almost all of the marriages solemnized by her, there was no proof that the solemnization fee of P300.000, as required under Rule 141 of the Rules of Court, was paid by the contacting parties.127chanroblesvirtuallawlibrary
[A] marriage which preceded the issuance of the marriage license is void, and that the subsequent issuance of such license cannot render valid or even add an iota of validity to the marriage. Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to solemnize a marriage.131chanroblesvirtuallawlibraryTupal v. Rojo132 explained the role of a judge as a solemnizing officer:ChanRoblesVirtualawlibrary
Before performing the marriage ceremony, the judge must personally interview the contracting parties and examine the requirements they submitted. The parties must have complied with all the essential and formal requisites of marriage. Among these formal requisites is a marriage license.Although it is true that marriages under Article 34 of the Family Code merit exemption from a marriage license, respondent should have complied with the mandate of personally ascertaining the circumstances of cohabitation of the parties. Records reveal that the declarations embodied in the required joint affidavit of cohabitation of the parties do not actually represent the accurate circumstances of their alleged cohabitation.134chanrobleslaw
A marriage license is issued by the local civil registrar to parties who have all the qualifications and none of the legal disqualifications to contract marriage. Before performing the marriage ceremony, the judge must personally examine the marriage license presented.
If the contracting parties have cohabited as husband and wife for at least five years and have no legal impediment to marry, they are exempt from the marriage license requirement. Instead, the parties must present an affidavit of cohabitation sworn to before any person authorized by law to administer oaths. The judge, as solemnizing officer, must personally examine the affidavit of cohabitation as to the parties having lived together as husband and wife for at least five years and the absence of any legal impediment to marry each other. The judge must also execute a sworn statement that he personally ascertained the parties' qualifications to marry and found no legal impediment to the marriage. Article 34 of the Family Code of the Philippines provides:ChanRoblesVirtualawlibraryArt. 34. 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 and found no legal impediment to the marriage.133 (Emphasis supplied, citations omitted)
[M]arriage in this country is an institution in which the community is deeply interested. The state has surrounded it with safeguards to maintain its purity, continuity and permanence. The security and stability of the state are largely dependent upon it. It is the interest and duty of each and every member of the community to prevent the bringing about of a condition that would shake its foundation and ultimately lead to its destruction.142chanroblesvirtuallawlibraryRespondent used her authority as a judge to make a mockery of marriage. As a judicial officer, she is expected to know the law on solemnization of marriages.143 "A judge is not only bound by oath to apply the law; he [or she] must also be conscientious and thorough in doing so. Certainly, judges, by the very delicate nature of their office[,] should be more circumspect in the performance of their duties."144chanrobleslaw
The first step towards the successful implementation of the Court's relentless drive to purge the judiciary of morally unfit members, officials and personnel necessitates the imposition of a rigid set of rules of conduct on judges. The Court is extraordinarily strict with judges because, being the visible representation of the law, they should set a good example to the bench, bar and students of the law. The standard of integrity imposed on them is — and should be — higher than that of the average person for it is their integrity that gives them the right to judge.151chanroblesvirtuallawlibraryRespondent was involved in infractions that warranted her prior administrative sanctions. Her long line of cases shows her depravity of character, in that she remained undeterred by the past penalties she had incurred. Considering that she was repeatedly involved in administrative charges, the severe penalty of disbarment should be meted against her.
[T]he practice of law is a privilege burdened with conditions. Adherence to the rigid standards of mental fitness, maintenance of the highest degree of morality and faithful compliance with the rules of legal profession are the conditions required for remaining a member of good standing of the bar and for enjoying the privilege to practice law.155chanroblesvirtuallawlibraryRespondent's conduct has fallen short of the strict standards required by the legal profession. Hence, her repeated failure to live up to the values expected of her as an officer of the court renders her unfit to be a member of the bar.
Endnotes:
1 707 Phil. 328 (2013) [Per Curiam, En Banc].
2 Id. at 362.
3 Id. at 334.
4 Id.
5 Id.
6 Id.
7 Id.
8 Id.
9Rollo, p. 491, Office of the Court Administrator's Report.
10 Id. at 494-497.
11Office of the Court Administrator v. Judge Necessario, et al., 707 Phil. 328, 334 (2013) [Per Curiam, En Banc].
12 Id.
13 Id.
14 Id.
15 Id. at 335.
16 Id. at 336.
17 Id.
18 Id.
19 Id.
20 Id.
21 Id. at 337.
22 Id.
23 Id. at 337-338.
24 Id. at 338.
25cralawred Id.
26 Id.
27 Id. at 338-339.
28 Id.
29 FAMILY CODE, art. 34 provides:
chanRoblesvirtualLawlibraryArt. 34. 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 and found no legal impediment to the marriage.
30Office of the Court Administrator v. Judge Necessario, et al., 707 Phil. 328, 339 (2013) [Per Curiam, En Banc].
31 Id.
32 Id.
33 Id.
34 Id. at 342.
35 Id.
36 Id.
37 Id.
38 Id.
39 Id.
40 Id.
41 Id.
42 Id.
43 Id.
44 Id.
45 Id.
46 Id. at 344.
47 Id. at 349-350.
48 Id. at 362-364.
49Rollo, p. 126, Office of the Court Administrator's Memorandum.
50 Id.
51 Id. at 127.
52 Id. at 34, Celerina Plaza's Affidavit.
53 Id.
54 Id.
55 Id. at 37.
56 Id. at 38, Crisanto dela Cerna's Affidavit.
57 Id. at 41, Office of the Bar Confidant's Memorandum.
58 Id. at 42.
59 Id. at 52-53.
60 Id. at 49.
61 Id. at 57-58.
62 Re: Automatic Conversion of Some Administrative Cases Against Justices of the Court of Appeals and the Sandiganbayan; Judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar (2002).
63Rollo, p. 57.
64 Id.
65Office of the Court Administrator v. Judge Necessario, et al., 707 Phil. 328 (2013) [Per Curiam, En Banc].
66Office of the Court Administrator v. Hon. Tormis, et al., 706 Phil. 113 (2013) [Per Curiam, En Banc].
67Office of the Court Administrator v. Judge Necessario, et al., 707 Phil. 328, 363 (2013) [Per Curiam, En Banc].
68Visbal v. Judge Tormis, 564 Phil. 8 (2007) [Per J. Carpio Morales, Second Division].
69 Id. at 18.
70Re: Report on the Judicial Audit Conducted in the RTC, Branch 60, Barili, Cebu, 488 Phil. 250 (2004) [Per Curiam, En Banc].
71Re: Violation of Judge Ildefonso Suerte, RTC, Branch 60, Barili, Cebu of Administrative Order No. 36-2004 Dated March 3, 2004, 488 Phil. 250 (2004) [Per Curiam, En Banc].
72 RULES OF COURT, Rule 114, sec. 17 provides:
chanRoblesvirtualLawlibrarySEC. 17. Bail, Where Filed. — (a) Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or appeal.
(c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.
73Re: Report on the Judicial Audit Conducted in the RTC, Branch 60, Barili, Cebu, 488 Phil. 250, 277 (2004) [Per Curiam, En Banc].
74Lachica v. Tormis, 507 Phil. 211 (2005) [Per J. Ynares-Santiago, First Division].
75Rollo, p. 470, Resolution of Supreme Court Special First Division.
76Office of the Court Administrator v. Hon. Tormis, et al., 706 Phil. 113 (2013) [Per Curiam, En Banc].
77 Id. at 137.
78Judge Navarro v. Judge Tormis, 471 Phil. 876 (2004) [Per J. Austria-Martinez, Second Division]
79 Id. at 887.
80 Id. at 888.
81Rollo, p. 61.
82 Id.
83 Id. at 62-80.
84 Id. at 61.
85 Id. at 163.
86 Id.
87 Id.
88 Id. at 164.
89 Id. at 65.
90 Id.
91 Id. at 67.
92 Id. at 187.
93 Id.
94 Id. at 78.
95 Id. at 73.
96 Id. at 73-74.
97 Id. at 82.
98 Id. at 618-625.
99 Id. at 618.
100 Id.
101 Id.
102 Id. at 111-129.
103 Id. at 127.
104 Id.
105 Id. at 128.
106 Id. at 130-137.
107 Id. at 136.
108 Id. at 135.
109 Id. at 136.
110 Id. at 625.
111 Id. at 624-625.
112Flores, et al. v. Lofranco, 576 Phil. 25, 31 (2008) [Per J. Carpio Morales, Second Division], citing People's Bank and Trust Co. v. Judge Leonidas, 283 Phil. 991, 994 (1992) [Per J. Nocon, Second Division].
113 Id.
114People v. Villena, 439 Phil. 509, 526 (2002) [Per Curiam, En Banc].
115 Id.
116Rollo, p.624.
117 Id.
118 Id.
119 Id.
120Office of the Court Administrator v. Judge Necessario, et al.,707 Phil. 328, 357 (2013) [Per Curiam, En Banc].
121 Id.
122Samson v. Caballero, 612 Phil. 737, 748 (2009) [Per Curiam, En Banc]
123 Id.
124 Id.
125Spouses Whitson v. Atty. Atienza, 457 Phil. 11, 18 (2003) [Per J. Puno, Third Division], citing Osop v. Fontanilla, A.C. No. 5043, September 19, 2001, 365 SCRA 398 (2001) [Per J. Buena, Second Division].
126Lagado v. Leonido, A.M. No. P-14-3222, August 12, 2014, 732 SCRA 579, 584 [Per J. Perlas- Bernabe, En Banc].
127Rollo, pp. 518-544.
128Moreno v. Bernabe, 316 Phil. 161, 166-167 (1995) [Per J. Kapunan, First Division].
129Office of the Court Administrator v. Judge Necessario, et al., 707 Phil. 328, 352-353 (2013) [Per Curiam, En Banc].
130 430 Phil. 197 (2002) [Per J. Puno, First Division].
131 Id. at 203, citing People v. Lara, C.A. O.G. 4079.
132 A.M. No. MTJ-14-1842, February 24, 2014, 717 SCRA 236 [Per J. Leonen, Third Division].
133 Id. at 245-246.
134Rollo, p. 614.
135 707 Phil. 328, 352 (2013) [Per Curiam, En Banc].
136 FAMILY CODE, art. 21 provides:
chanRoblesvirtualLawlibraryArt. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (Emphasis supplied)
137Rollo, p. 493.
138 Id.
139 Id. at 496.
140 FAMILY CODE, art. I provides:
chanRoblesvirtualLawlibraryArt. 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.
141 380 Phil. 544 (2000) [Per J. Ynares-Santiago, First Division].
142 Id. at 551.
143Seguisabal v. Cabrera, 193 Phil. 809, 813 (1981) [Per J. Melencio-Herrera, First Division].
144Beso v. Daguman, 380 Phil. 544, 552 (2000) [Per J. Ynares-Santiago, First Division].
145Spouses Donato v. Asuncion, Sr., 468 Phil. 329, 337 (2004) [Per J. Sandoval-Gutierrez, Third Division].
146 Id.
147Spouses Saburnido v. Madroño, 418 Phil. 241, 247-248 (2001) [Per J. Quisumbing, Second Division].
148Bantolo v. Castillon Jr., 514 Phil. 628, 633 (2005) [Per J. Tinga, Second Division].
149Moreno v. Bernabe, 316 Phil. 161, 166 (1995) [Per J. Kapunan, First Division].
150 612 Phil. 737 (2009) [Per Curiam, En Banc].
151 Id. at 752.
152Avancena v. Liwanag, 454 Phil. 20, 27 (2003) [Per Curiam, En Banc], citing Noriega v. Sison, 210 Phil. 236, 240 (1983) [Per J. Guerrero, Second Division].
153 Id.
154 516 Phil. 1 (2006) [Per J. Callejo, Sr., En Banc].
155 Id. at 3.