RONULO Compared to. Anybody
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. Although not, on the day of your wedding, the new heading officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding upon understanding the couple were not successful to secure a married relationship permit. As a great recourse, Joey, who was then dressed in barong tagalong, and you can Claire, clothed from inside the a marriage outfit, along with their mothers, sponsors and you will customers, proceeded into the Separate Chapel from Filipino Christians, called the fresh new Aglipayan Church. It requested the new petitioner, an enthusiastic Aglipayan priest, to do a ceremony that the second consented despite having become informed of the pair that they had zero matrimony certification.
They can be requisite, not, into the contracting events to appear individually till the solemnizing administrator and you may declare regarding the exposure from not less than a couple of witnesses from courtroom decades that they capture one another while the husband and you will girlfriend
Brand new petitioner wishing their choir and planned a mass towards couples on a single day. He used brand new service on exposure of one’s bridegroom, the fresh new bride to be, their moms and dads, the primary and you will second sponsors together with rest of the acceptance traffic.
This new prosecution’s witnesses, Joseph https://datingranking.net/local-hookup/grand-rapids/ and you can Mary Anne Yere, testified into events of your own ceremony. Joseph is actually the newest veil sponsor if you’re Mary Anne is the wire sponsor about wedding. Mary Anne affirmed that she watched the newest bride walk-down the newest aisle. She in addition to noticed the couple replace their marriage rings, hug one another, and you can indication a file. She read the newest petitioner teaching the primary sponsors in order to indication the latest wedding deal. After that, they went along to the brand new reception, got lunch and you can grabbed photos. She noticed the fresh new petitioner indeed there. She and recognized the wedding invite provided to the lady by the Joey.
Florida Umadac, mom regarding Joey, affirmed you to she heard the couple declare from inside the service you to definitely they capture each other because the wife and husband. Days following the relationship, she decided to go to the newest municipal local municipal registrar of San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. where she was given a certification that zero relationship permit are issued on partners.
The new petitioner, while you are admitting he used a ceremony, refuted one his act out of blessing the happy couple is actually tantamount in order to a solemnization of your relationships just like the considered by-law.
ISSUE: Acquired the fresh petitioner are guilty of breaking Post 352 of Modified Penal Password (RPC) getting presumably performing an unlawful wedding.
RATIO: Petitioner held an illegal wedding party. The offense once the sent to when you look at the Artwork 352 of the RPC refers to the efficiency away from ily Password which reads:
(3) A married relationship service that takes set for the appearance of new hiring functions until the solemnizing officer and their personal statement one to they just take each other as husband and wife regarding exposure of for around a couple of witnesses of legal years.
Ways. 6. Zero given function otherwise religious rite toward solemnization of your relationships is needed. It declaration is going to be included in the matrimony certification hence should end up being signed because of the employing people in addition to their witnesses and attested of the solemnizing manager.
The newest Supreme Courtroom said that just what made the fresh petitioner’s work a great marriage service and not only just true blessing are that when you are there isn’t any given function otherwise religious rite, all that are called for try “towards the employing parties to look privately before solemnizing officer and declare regarding the presence of no less than one or two witnesses out-of legal age that they take each other since spouse and you may spouse.”
As to the first requirements, the fresh new petitioner acknowledge that the activities appeared in advance of him and therefore reality is actually affirmed in order to from the witnesses. Toward next requirements, we find you to definitely, contrary to the petitioner’s allegation, brand new prosecution seems, through the testimony out of witnesses, that the contracting functions directly declared which they bring one another because the couple. Therefore, it’s clear one to petitioner presented a wedding service and not a mere blessing.