Young Vs Mapayo
Legal Issue: Whether or not Judge Hilario I. Mapayo committed grave misconduct.
Statement of Facts: On September 2, 1998, Marlan Young, filed with the Office of the Ombudsman for
Mindanao an affidavit complaint, charging Judge Hilario I. Mapayo with grave misconduct. Judge Hilario
performed the marriage between Young and Parba on March 15, 1993 and demanded and received from
complainant the amount of Ten Thousand Pesos for the ceremony, asked complainant and all others
involved in the ceremony to sign six blank copies of the marriage contract and at a later date accomplished
the forms and placed therein Digos and June 9, 1993 as the place and date of the solemnization of the
marriage. Complainant, Marlan Young, was allegedly out of the country on said, June 9, 1993, as his
passport would show and later filed a case for annulment of the marriage and had good reason to believe a
conspiracy between Hilario and Barba as they threatened him with deportation. Mapayo submitted an
affidavit denying all allegations and the same with Parba. The marriage was later annulled. The complainant
was referred to Associate Justice Salazar – Fernando for investigation, report and recommendation and held
that Mapayo be absolved of the charges of grave misconduct.
Opinion of the Court: The allegation of complainant that the marriage was actually celebrated on March
15, 1993 is belied by the documents supporting the application for marriage such as the Affidavit in Lieu
of Legal Capacity to Contract Marriage for American Citizens of complainant, issued on May 19, 1993,
and Pre-Marriage Counseling dated May 25, 1993. In particular, the Affidavit in Lieu of Certificate of
Legal Capacity to Contract Marriage for American Citizens was subscribed and sworn to before the Consul
of the United States on May 19, 1993 by the complainant himself. It is difficult to see how a marriage could
be celebrated on March 15, 1993 when the documents necessary for its validity were available only months
later. It is well-settled that entries in official records made in the performance of a duty by a public officer
of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.
We likewise note that, aside from requesting this Court not to pursue the case against the respondent Judge,
the complainant refused to participate in the investigation despite due notice.
WHEREFORE, the complaint filed by Marlan Young against Judge Hilario I. Mapayo, Regional Trial
Court, Branch 19, Digos, Davao del Sur for grave misconduct is hereby DISMISSED for lack of merit.
Holding: The finding of Justice Salazar – Fernando that the charges against the respondent have not been
proven. The evidence is dubious in proving that the complaint was indeed of the Philippines. There is
uncertainty in the records of Marlan Young flights coming in and out of the Philippines. Thus, it cannot be
verified if the complainant entered the country through a port other than the mentioned airports. Another
factor was the petition for annulment of marriage as stated that the marriage took place on June 9, 1993,
which was the responded was out of the the country that time.