RONULO Against. Anybody
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. Although not, on the day of relationships, the brand new heading officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of reading your few were unsuccessful to safe a married relationship licenses. Just like the a good recourse, Joey, who was simply next wearing barong tagalong, and you can Claire, clothed in the a wedding clothes, with their parents, sponsors and you can guests, went on towards Separate Church regarding Filipino Christians, also known as the latest Aglipayan Chapel. It requested the fresh petitioner, a keen Aglipayan priest, to do a ceremony that the second agreed despite having started informed by the few they had no marriage certificate.
Brand new petitioner prepared his choir and you may planned a bulk to your few on a single date. He used the fresh new service in the visibility of groom, new bride-to-be, the mothers, the primary and you will additional sponsors together with remainder of the greeting subscribers.
The newest prosecution’s witnesses, Joseph and you may Mary Anne Yere, affirmed into events of your own ceremony. Joseph are the newest veil mentor if you find yourself Mary Anne is the latest cable sponsor on matrimony. Mary Anne testified you to she saw this new bride-to-be walk down the newest aisle. She and watched the couple change their marriage rings, hug each other, and indication a document. She read new petitioner training the main sponsors to help you sign the new relationships bargain. After that, it went along to brand new lobby, got supper and you may got photos. She saw the newest petitioner here. She and understood the marriage invitation supplied to the lady of the Joey.
Florida Umadac, the mother of Joey, affirmed that she heard the couple declare for the ceremony one to they get each other once the wife and husband. Mariano R. Nalupta Jr. where she obtained a certification one to no relationship licenses are given towards the https://datingranking.net/local-hookup/memphis/ few.
This new petitioner, when you find yourself admitting that he held a ceremony, denied you to his operate regarding blessing the happy couple is actually tantamount so you’re able to a beneficial solemnization of wedding since the considered legally.
ISSUE: Acquired brand new petitioner was guilty of violating Post 352 of the Revised Penal Password (RPC) to own allegedly undertaking an illegal marriage service.
Days adopting the matrimony, she visited the civil regional civil registrar from San Nicolas, Ilocos Norte which have Atty
RATIO: Petitioner conducted an unlawful marriage ceremony. The latest offense given that delivered to during the Artwork 352 of the RPC refers to the abilities regarding ily Code hence checks out:
(3) A wedding service which will take lay on appearance of new employing parties up until the solemnizing manager and their individual declaration one to they need one another because wife and husband about exposure out-of for around a couple witnesses off court ages.
Artwork. 6. No recommended setting or spiritual rite to the solemnization of the marriage is necessary. It would be requisite, yet not, for the hiring people to appear yourself until the solemnizing manager and you can claim regarding visibility out-of for around a couple witnesses from legal many years which they take both just like the partner and you will partner. So it report shall be contained in the wedding certificate and that should feel closed by employing activities in addition to their witnesses and you can attested by solemnizing administrator.
The new Ultimate Legal explained you to just what made the newest petitioner’s act a great wedding service and not only a mere true blessing try that when you find yourself there’s no prescribed form or religious rite, all of that try needed was “into the hiring functions to seem really before solemnizing manager and state on presence of no less than several witnesses away from court decades that they capture each other once the partner and you will partner.”
As to the first requirement, the new petitioner accepted that activities searched in advance of him and this reality try testified to help you from the witnesses. Into the second requisite, we discover one to, against the petitioner’s allegation, the brand new prosecution has proven, from the testimony out of witnesses, that the hiring parties myself declared that they simply take both just like the couple. Thus, it’s obvious you to petitioner conducted a marriage service and not only true blessing.