People vs. Bustamante

Republic of the Philippines
SUPREME COURT
Manila

January 27, 1959

G.R. No. L-11598
THE PEOPLE OF THE PHILIPPINES, plaintiff-appelee,
vs.
FEDERIC BUSTAMANTE, defendant-appellant.

Assistant Solicitor General Antonio A. Torres and Atty. Eduardo C. Abaya for appellee.
Ramon S. Milo for appellant.

FACTS:

1.       Federico Bustamante was charged and convicted of the crime of bigamy in the Court of First Instance of Pangasinan.

2.       The records disclose that defendant-appellant Bustamante was united in wedlock to one Maria Perez on August 9, 1954, before the Justice of Peace of Binaloan, Pangasinan, a little over a year late, or on September 16, 195, he contracted a second marriage with Demetria I. Tibayan, solemnized before Vice-Mayor Francisco B. Nato of Mapandan, Pangasinan, who was then acting as mayor of the said municipality, while the first marriage was still subsisting.

3.       The defendant contended that there could not have been a second marriage to speak of, as Nato was merely acting as mayor when he celebrated the same, hence, without authority of law to do so. He lays stress on the distinction between “Acting Mayor” and “Vice Mayor acting as Mayor”, urging that while the former may solemnize marriages, the latter could not.

ISSUE:

1.       Whether or not the second marriage was valid.

2.       Whether or not the Vice Mayor has the authority to solemnize the second marriage.

HELD:

Yes, the marriage was valid and Vice Mayor Federico Nato, acting as mayor, has the authority to solemnize the marriage.  As acting mayor, he discharges all duties and wields the power appurtenant to said office.  This instance does not involve a question of title to the office, but the performance of the functions thereunto appertaining by one who is admitted to be temporarily vested with it.  The case even concedes and recognizes the powers and duties of the Mayor to devolve upon the Vice Mayor whenever the latter is in an acting capacity.  The word “acting,” when preceding the title of an office connotes merely the temporary character as nature of the same.