RONULO Compared to. Anybody
FACTS: Rosa Catholic Parish Church out of San Nicolas, Ilocos Norte. Yet not, at the time of the relationship, the newest going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of understanding that the partners unsuccessful to secure a marriage licenses. Since an excellent recourse, Joey, who was simply then putting on barong tagalong, and you will Claire, clad in a married relationship clothes, together with their parents, sponsors and you can website visitors, proceeded toward Independent Chapel from Filipino Christians, labeled as brand new Aglipayan Chapel. They asked the latest petitioner, an Aglipayan priest, to do a ceremony that the latter conformed despite having come informed of the couple they had zero relationships certificate.
It will likely be called for, but not, on contracting parties to seem actually until the solemnizing administrator and you will claim regarding exposure regarding no less than one or two witnesses out-of judge years which they take one another while the partner and you can girlfriend
The fresh new petitioner wishing their choir and you may scheduled a size into couples on the same go out. He conducted the ceremony about presence of your groom, this new bride, their parents, the main and you will second sponsors and also the rest of the welcome website visitors.
Brand new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed to your situations of ceremony. Joseph is actually the fresh veil sponsor whenever you are Mary Anne is new cord recruit on the relationship. Mary Anne affirmed you to definitely she noticed the fresh new bride-to-be walk down brand new aisle. She in addition to saw the couple change the marriage rings, hug both, and signal a file. She heard the latest petitioner instructing the principal sponsors so you can signal brand new matrimony offer. After that, it visited the new reception, had lunch and you may grabbed images. She saw new petitioner here. She as well as known the marriage invitation given to the woman by Joey.
Florida Umadac, the mother out-of Joey, testified you to she read the couple state inside the ceremony that they simply take one another given that husband and wife. Days following the matrimony, she visited the new civil regional civil registrar of San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. in which she obtained a certificate that no wedding licenses try granted into the couples.
Brand new petitioner, whenever you are admitting that he conducted a ceremony, refused that his operate out of blessing the happy couple is tantamount to a good solemnization of your wedding once the contemplated by-law.
ISSUE: Obtained the latest petitioner was responsible for violating Post 352 of one’s Changed Penal Code (RPC) for allegedly undertaking an unlawful wedding service.
RATIO: Petitioner held an illegal wedding. The newest crime due to the fact sent to during the Ways 352 of your own RPC refers to the abilities out-of ily https://datingranking.net/local-hookup/mackay/ Code and that reads:
(3) A marriage service which will take place towards the look of brand new employing functions before solemnizing administrator and their individual declaration you to they capture one another because the couple about visibility away from for around one or two witnesses of legal many years.
Artwork. 6. No given form or religious rite towards solemnization of your own marriage needs. This declaration can be within the matrimony certificate hence should be closed from the employing functions in addition to their witnesses and you will attested because of the solemnizing officer.
The newest Ultimate Legal explained one to exactly what made the brand new petitioner’s act an excellent wedding party and not simply only true blessing was you to when you find yourself there isn’t any prescribed function otherwise religious rite, all of that are necessary was “toward contracting parties to look myself through to the solemnizing officer and you can claim on presence away from no less than several witnesses of courtroom age that they get one another since partner and you may spouse.”
To what first specifications, brand new petitioner admitted that the functions looked in advance of your hence fact is affirmed so you can because of the witnesses. To your 2nd specifications, we find one, from the petitioner’s allegation, brand new prosecution has proven, from testimony out of witnesses, that the employing people yourself stated that they bring one another since husband and wife. For this reason, it’s obvious you to petitioner conducted a married relationship ceremony rather than a mere blessing.