RONULO Versus. Anybody
FACTS: Rosa Catholic Parish Chapel off San Nicolas, Ilocos Norte. Yet not, on the day of your own relationship, the newest supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of understanding that the partners failed so you can safe a married relationship permit. While the a great recourse, Joey, who had been then putting on barong tagalong, and Claire, clothed when you look at the a marriage outfit, along with their mothers, sponsors and you can customers, proceeded towards the Independent Chapel away from Filipino Christians, also known as the brand new Aglipayan Church. They asked the latest petitioner, an Aglipayan priest, to do a service that the second consented even with started advised of the pair they’d no relationship certificate.
The new petitioner prepared his choir and you can arranged a mass on the few on the same big date. He held the service regarding the exposure of one’s groom, brand new bride-to-be, its mothers, the principal and you may secondary sponsors and the rest of their anticipate travelers.
This new prosecution’s witnesses, Joseph and Mary Anne Yere, testified to your events of the ceremony. Joseph was the fresh veil recruit when you find yourself Mary Anne is the latest cord recruit from the matrimony. Mary Anne testified you to definitely she spotted the new bride-to-be walk down brand new section. She as well as watched the couple replace the marriage rings, hug one another, and you may sign a file. She heard this new petitioner instructing the principal sponsors in order to signal the new matrimony deal. Thereafter, it decided to go to the brand new https://datingranking.net/biker-dating/ reception, got meal and took images. She watched the fresh new petitioner there.
Florida Umadac, the caretaker regarding Joey, affirmed that she read the happy couple state during the ceremony that it bring both since the couple. Weeks pursuing the relationships, she decided to go to the municipal local municipal registrar from San Nicolas, Ilocos Norte that have Atty. Mariano R. Nalupta Jr. where she was given a certification that zero relationship license is issued on the couples.
The latest petitioner, while admitting he used a service, rejected that their work out-of blessing the happy couple was tantamount so you’re able to good solemnization of the matrimony given that contemplated by-law.
ISSUE: Claimed this new petitioner try responsible for breaking Blog post 352 of your Modified Penal Code (RPC) to have presumably carrying out an illegal wedding.
She and recognized the wedding invitation supplied to their by the Joey
RATIO: Petitioner used an unlawful wedding. The fresh offense as taken to from inside the Art 352 of RPC refers to the abilities of ily Password hence reads:
(3) A marriage ceremony that takes put into the look of the latest hiring functions before solemnizing officer as well as their personal statement one they simply take both because the husband and wife from the visibility off not less than a couple witnesses off courtroom many years.
Art. six. Zero given mode or religious rite to the solemnization of relationships required. It will be requisite, however, towards the contracting parties to look myself until the solemnizing manager and state in the exposure regarding for around one or two witnesses out-of court age which they capture each other once the spouse and partner. This declaration are included in the relationships certificate and that shall become closed by hiring parties and their witnesses and you can attested by the solemnizing officer.
New Finest Judge explained one exactly what made brand new petitioner’s operate a beneficial wedding ceremony and not only just true blessing is actually that while you are there is absolutely no recommended function or spiritual rite, all that is requisite is actually “towards hiring functions to seem physically up until the solemnizing administrator and you will claim on presence away from not less than several witnesses of courtroom many years which they take one another as spouse and you will spouse.”
As to what very first demands, the petitioner accepted your people searched before him and that truth is actually affirmed so you can by the witnesses. Into the 2nd criteria, we discover one to, against the petitioner’s allegation, the latest prosecution seems, from testimony out-of witnesses, that employing parties really announced that they just take one another due to the fact couple. Thus, it’s obvious you to definitely petitioner used a marriage service rather than just blessing.