RONULO Compared to. Individuals
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. not, on the day of the relationship, the going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage up on training that the few failed so you’re able to secure a married relationship licenses. While the a beneficial recourse, Joey, who was simply then wearing barong tagalong, and Claire, clothed inside the a wedding clothes, with their mothers, sponsors and you can site visitors, continued into Separate Chapel off Filipino Christians, also known as the newest Aglipayan Chapel. They asked new petitioner, an enthusiastic Aglipayan priest, to do a ceremony to which the second assented despite having started told by the partners they’d zero relationships certificate.
It shall be required, although not, towards hiring activities to appear really up until the solemnizing manager and you will state regarding presence away from not less than one or two witnesses off judge many years which they take each other just like the partner and you can wife
The new petitioner prepared his choir and booked a bulk toward partners for a passing fancy go out. The guy presented the fresh new service regarding visibility of your bridegroom, the bride, their moms and dads, the main and supplementary sponsors as well as the remainder of the greeting customers.
The fresh new prosecution’s witnesses, Joseph and Mary Anne Yere, testified toward situations of your own service. Joseph are this new veil recruit if you find yourself Mary Anne was this new cable sponsor about matrimony. Mary Anne testified one she spotted the newest bride to be walk-down new section. She together with noticed the couple exchange its wedding rings, kiss one another, and sign a document. She read this new petitioner teaching the principal sponsors to sign the new matrimony package. After that, it decided to go to the lobby, had supper and you can got photographs. She noticed brand new petitioner indeed there. She as well as known the wedding invite provided to the girl by the Joey.
Fl Umadac, mom off Joey, testified you to definitely she heard the happy couple claim into the online hookup sites Mandurah service that it grab each other because the couple. Months after the marriage, she visited the municipal local civil registrar regarding San Nicolas, Ilocos Norte having Atty. Mariano R. Nalupta Jr. in which she received a certification one no relationship license was granted into the few.
The latest petitioner, if you are admitting he used a ceremony, refuted one his work out of true blessing the happy couple is tantamount to a great solemnization of your matrimony as contemplated legally.
ISSUE: Claimed the fresh new petitioner was accountable for violating Post 352 of Changed Penal Password (RPC) to possess allegedly doing an illegal marriage service.
RATIO: Petitioner conducted an unlawful wedding service. The latest crime because the provided for in Artwork 352 of the RPC is the overall performance of ily Password hence checks out:
(3) A wedding ceremony which will take lay on look of the fresh employing people until the solemnizing administrator as well as their private report one to they need each other due to the fact husband and wife from the exposure out-of not less than a couple of witnesses out of legal decades.
Art. six. Zero recommended means otherwise spiritual rite to your solemnization of one’s relationships is needed. Which declaration might be contained in the relationship certificate hence should become finalized of the contracting people as well as their witnesses and you may attested because of the solemnizing officer.
The brand new Best Judge informed me you to just what made the latest petitioner’s act a marriage service and not just a mere blessing try that when you are there’s absolutely no given means otherwise religious rite, all of that are needed is actually “with the employing parties to seem physically through to the solemnizing manager and you may claim about visibility from no less than one or two witnesses out of judge many years that they simply take both because spouse and you will girlfriend.”
As to the basic requirement, the fresh petitioner acknowledge your parties featured ahead of your which facts try testified in order to by witnesses. With the 2nd requirements, we discover one to, resistant to the petitioner’s allegation, the fresh new prosecution seems, from testimony regarding witnesses, your employing functions privately declared that they take each other as the wife and husband. Therefore, it’s clear you to definitely petitioner conducted a marriage service and never only blessing.