RONULO Against. Anyone
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. Yet not, at the time of one’s wedding, the fresh supposed officiating priest, Fr. Mario Ragaza, would not solemnize the wedding upon reading the couples failed in order to secure a wedding permit. As the a recourse, Joey, who was following putting on barong tagalong, and you can Claire, clothed within the a marriage clothes, together with their moms and dads, sponsors and you can visitors, went on on the Independent Church regarding Filipino Christians, also known as the Aglipayan Chapel. They asked this new petitioner, an Aglipayan priest, to do a service to which the second arranged even with become advised by couples that they had zero relationships certification.
It might be required, not, on contracting functions to appear in person till the solemnizing officer and you will state about exposure from for around two witnesses off legal decades that they just take one another due to the fact partner and spouse
The newest petitioner wishing their choir and you can scheduled a mass towards few on a single go out. He conducted the new service throughout the presence of your own bridegroom, the fresh fiance, its moms and dads, the principal and you may supplementary sponsors and also the remainder of their allowed guests.
The fresh prosecution’s witnesses, Joseph and Mary Anne Yere, affirmed on the situations of your own ceremony. Joseph are the newest veil recruit while Mary Anne is this new cord mentor on relationship. Mary Anne affirmed you to she saw brand new fiance walk-down the fresh new aisle. She and additionally noticed the couple change its wedding rings, kiss both, and you can sign a file. She heard new petitioner instructing the primary sponsors to help you indication the latest relationships contract. Afterwards, they went along to this new reception, had food and you will took photographs. She watched the fresh new petitioner indeed there. She and additionally understood the wedding invitation provided to their because of the Joey.
Florida Umadac, the mother of Joey, testified one to she read the couple state in the service you to it need one another due to the fact wife and husband. Days following marriage, she went along to the newest municipal local municipal registrar of San Nicolas, Ilocos Norte having Atty. Mariano Roentgen. Nalupta Jr. in which she received a certification one to zero matrimony permit try provided to your few.
The new petitioner, when you are admitting he held a ceremony, declined one to their operate regarding blessing the happy couple try tantamount to help you a beneficial solemnization of the marriage given that considered by-law.
ISSUE: Claimed this new petitioner are guilty of breaking Post 352 of your Revised Penal Code (RPC) to have presumably doing an unlawful marriage ceremony.
RATIO: Petitioner used an illegal wedding. The newest offense once the taken to in the Art 352 of your RPC is the efficiency away from ily Code and that checks out:
(3) A married relationship service that takes put on look of the fresh hiring parties until the solemnizing manager in addition to their private declaration that it bring each other while the wife and husband from the exposure away from no less than several witnesses off judge ages.
Art. six. Zero prescribed mode or spiritual rite on the solemnization of matrimony becomes necessary. This declaration will be included in the matrimony certificate and this shall become signed from the hiring people in addition to their witnesses and you can attested from the solemnizing officer.
The fresh new Best Courtroom explained that just what generated the latest petitioner’s act an excellent wedding and not only a mere true blessing is that when you find yourself there isn’t any prescribed function otherwise spiritual rite Kalgoorlie hookup apps, all of that try needed is “into the contracting functions to appear really up until the solemnizing manager and state regarding visibility from not less than several witnesses out of judge many years which they bring one another because partner and you will wife.”
As to what very first requirements, the newest petitioner accepted the people featured prior to your and this truth was testified in order to from the witnesses. For the second criteria, we discover that, contrary to the petitioner’s allegation, the newest prosecution has proven, from the testimony from witnesses, that contracting parties directly announced that they get one another as the husband and wife. Ergo, it’s clear you to definitely petitioner held a marriage ceremony and never only true blessing.
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