RONULO Versus. People
FACTS: Rosa Catholic Parish Chapel off San Nicolas, Ilocos Norte. Although not, at the time of marriage, the brand new going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage on understanding that pair were unsuccessful so you can secure a wedding permit. Since good recourse, Joey, who had been up coming putting on barong tagalong, and Claire, clad within the a married relationship clothes, along with their mothers, sponsors and you may visitors, proceeded towards the Separate Church away from Filipino Christians, called the Aglipayan Chapel. It expected the new petitioner, an Aglipayan priest, to do a service that the second assented even with started advised by partners they’d no relationship certification.
The latest petitioner waiting their choir and you will booked a size toward few for a passing fancy day. The guy held the new service throughout the exposure of the bridegroom, the fresh new bride-to-be, its moms and dads, the main and you can additional sponsors and the rest of the greeting site visitors.
The fresh new prosecution’s witnesses, Joseph and Mary Anne Yere, testified with the situations of ceremony. Joseph was the fresh veil sponsor when you are Mary Anne is the brand new cord recruit throughout the marriage. Mary Anne affirmed you to she spotted the fresh bride-to-be walk-down the aisle. She also noticed the happy couple exchange their marriage rings, kiss each other, and you may indication a file. She read the fresh new petitioner teaching the principal sponsors in order to signal the newest matrimony price. Thereafter, it visited the fresh new lobby, got dinner and you may got images. She watched the newest petitioner here.
Florida Umadac, the caretaker away from Joey, affirmed you to definitely she read the happy couple state in the service you to definitely it take one another once the husband and wife. Weeks pursuing the relationship, she visited the new civil local municipal registrar out of San Nicolas, Ilocos Norte which have Atty Android dating review. Mariano Roentgen. Nalupta Jr. in which she got a certification one no relationships license is actually given towards couple.
The newest petitioner, while admitting which he conducted a ceremony, refuted you to his act away from blessing the couple is actually tantamount so you can a beneficial solemnization of matrimony once the contemplated legally.
ISSUE: Claimed brand new petitioner is accountable for violating Article 352 of Revised Penal Code (RPC) having allegedly creating an unlawful wedding ceremony.
She together with known the marriage invitation provided to this lady of the Joey
RATIO: Petitioner held an illegal wedding. The fresh new offense because the provided for inside Ways 352 of RPC refers to the performance out of ily Password which reads:
(3) A wedding ceremony which takes set on look of the newest contracting events before the solemnizing administrator in addition to their private statement you to they grab one another due to the fact couple throughout the presence from not less than two witnesses regarding judge age.
Ways. six. Zero recommended function otherwise spiritual rite towards the solemnization of the relationship is needed. They will likely be needed, not, with the contracting parties to look directly till the solemnizing manager and you will declare about presence of not less than a couple witnesses away from legal years that they capture each other just like the husband and you may spouse. Which declaration will likely be contained in the relationships certificate hence will become closed by employing parties and their witnesses and attested by the solemnizing manager.
The newest Finest Judge said one to just what generated the brand new petitioner’s operate a beneficial wedding service and not soleley a mere blessing try you to definitely if you’re there’s absolutely no prescribed setting or spiritual rite, all of that was needed was “with the employing activities to appear personally up until the solemnizing administrator and you may declare in the exposure off not less than one or two witnesses away from court age which they capture one another while the spouse and you can wife.”
To what first criteria, the latest petitioner admitted that functions checked before your and that fact is actually testified so you’re able to by witnesses. Into 2nd demands, we find you to definitely, from the petitioner’s allegation, the latest prosecution seems, from the testimony out of witnesses, your contracting functions really announced which they bring both as wife and husband. Therefore, it is obvious you to petitioner used a marriage ceremony rather than only blessing.