RONULO Compared to. Some one
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. However, at the time of your marriage, the fresh new heading officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage through to studying that pair hit a brick wall in order to safe a wedding permit. Just like the an excellent recourse, Joey, who was simply upcoming sporting barong tagalong, and you may Claire, clothed in the a married relationship outfit, along with their parents, sponsors and you will site visitors, went on into Independent Chapel off Filipino Christians, labeled as the fresh Aglipayan Church. They questioned this new petitioner, an enthusiastic Aglipayan priest, to perform a service that the second conformed despite come told from the pair they’d no matrimony https://datingranking.net/local-hookup/thunder-bay/ certificate.
The brand new petitioner waiting their choir and you may scheduled a bulk for the couple on a single go out. He conducted the latest ceremony in the exposure of your own groom, the new bride-to-be, their moms and dads, the primary and you can additional sponsors additionally the rest of its desired subscribers.
The new prosecution’s witnesses, Joseph and Mary Anne Yere, testified to your occurrences of one’s ceremony. Joseph is the brand new veil sponsor while you are Mary Anne is the new cord recruit throughout the relationship. Mary Anne affirmed you to she spotted this new bride to be walk down the fresh section. She including spotted the happy couple change their wedding rings, hug one another, and you may signal a file. She heard the newest petitioner instructing the principal sponsors to indication the newest marriage package. Thereafter, it decided to go to this new lobby, got supper and you can grabbed photos. She spotted the fresh new petitioner there.
Florida Umadac, the caretaker of Joey, affirmed you to definitely she read the happy couple declare for the ceremony one it get one another as the couple. Months following the relationships, she visited new municipal regional municipal registrar out of San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. where she was given a certification one zero relationship permit was issued on the few.
The fresh petitioner, while admitting he held a service, refuted you to definitely his operate of blessing the happy couple is tantamount so you can a good solemnization of your matrimony given that contemplated for legal reasons.
ISSUE: Claimed this new petitioner is actually responsible for violating Blog post 352 of your own Revised Penal Password (RPC) getting presumably doing an illegal wedding ceremony.
She plus recognized the marriage invite supplied to the girl by Joey
RATIO: Petitioner presented an unlawful wedding ceremony. This new offense given that provided for for the Ways 352 of your RPC refers to the results of ily Code and therefore reads:
(3) A wedding service that takes lay to the look of new contracting people before solemnizing administrator in addition to their private statement one they just take each other once the wife and husband in the exposure out of for around a couple witnesses off judge age.
Artwork. 6. Zero prescribed means or religious rite into solemnization of matrimony required. They is going to be needed, yet not, towards the contracting people to appear really before solemnizing administrator and declare on the exposure from for around one or two witnesses out of court many years which they simply take each other given that partner and partner. Which statement will be included in the wedding certification which will feel closed by the hiring activities as well as their witnesses and you can attested from the solemnizing manager.
New Best Court informed me that what generated new petitioner’s act a great wedding and not simply a mere true blessing is one if you find yourself there isn’t any recommended function or religious rite, all that are necessary is actually “towards employing functions to seem really until the solemnizing manager and claim regarding the exposure off for around several witnesses out of courtroom decades which they take each other given that partner and you can partner.”
To what earliest criteria, the brand new petitioner acknowledge the events searched just before him and therefore fact was affirmed to help you by the witnesses. Towards the second requisite, we discover one, against the petitioner’s allegation, the fresh prosecution seems, from the testimony off witnesses, your employing functions privately announced that they grab each other as the husband and wife. Thus, it’s clear one to petitioner held a married relationship ceremony and not a mere true blessing.