RONULO Against. Some body
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. Although not, at the time of your matrimony, brand new supposed officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of understanding the couples hit a brick wall so you can secure a married relationship licenses. Due to the fact a beneficial recourse, Joey, who had been following putting on barong tagalong, and you can Claire, clothed inside the a wedding gown, along with their moms and dads, sponsors and you may guests, went on towards Independent Church from Filipino Christians, labeled as the brand new Aglipayan Church. They expected the brand new petitioner, a keen Aglipayan priest, to perform a ceremony that the latter arranged despite started advised because of the couples that they had zero relationship certification.
The brand new petitioner prepared his choir and you will booked a size into couples on the same go out. He conducted the fresh service throughout the visibility of bridegroom, the brand new bride, its moms and dads, the main and additional sponsors additionally the remainder of their acceptance website visitors.
The fresh new prosecution’s witnesses, Joseph and you will Mary Anne Yere, affirmed towards situations of your ceremony. Joseph try the newest veil sponsor while Mary Anne is actually the brand new cable mentor regarding the marriage. Mary Anne affirmed you to she saw brand new bride walk-down the fresh section. She plus watched the couple exchange the wedding rings, kiss both, and sign a file. She heard the petitioner training the main sponsors in order to signal the fresh relationships price. Afterwards, it decided to go to the brand new lobby, got dinner and you will took pictures. She saw the latest petitioner indeed there. She and additionally understood the marriage invitation supplied to the girl by the Joey.
Florida Umadac, mom from Joey, testified one she heard the couple declare for the ceremony one to it need one another just like the husband and wife. Mariano Roentgen. Nalupta Jr. in which she was given a certificate you to zero wedding licenses was awarded on couple.
The fresh new petitioner, when you are admitting he presented a service, refuted you to definitely his act of true blessing the couple is actually tantamount to help you an effective solemnization of relationship once the considered for legal reasons.
ISSUE: Obtained new petitioner was guilty of violating Post 352 of your Changed Penal Code (RPC) to possess presumably doing an unlawful wedding.
Weeks following relationships, she decided to go to the brand new municipal regional municipal registrar out of San Nicolas, Ilocos Norte that have Atty
RATIO: Petitioner used an unlawful wedding service. The fresh new crime given that taken to when you look at the Artwork 352 of your RPC refers to the abilities from ily Password and this checks out:
(3) A wedding service which takes place towards the look of this new hiring events through to the solemnizing officer as well as their private statement one to it need one another once the husband and wife regarding the presence out-of not less than a couple of witnesses of judge many years.
Art. 6. No given setting or religious rite into solemnization of one’s matrimony is required. It is going to be necessary https://www.datingranking.net/local-hookup/modesto, not, with the contracting parties to seem actually till the solemnizing officer and you can state in the presence away from not less than one or two witnesses from court decades that they bring each other while the partner and you can spouse. So it statement is included in the matrimony certificate hence should feel finalized because of the employing people in addition to their witnesses and you can attested by solemnizing administrator.
The newest Supreme Judge told me you to just what generated brand new petitioner’s act an effective wedding and not soleley only true blessing try one whenever you are there is absolutely no recommended means otherwise spiritual rite, all of that is actually expected try “towards employing activities to appear yourself till the solemnizing manager and claim from the presence from not less than two witnesses out-of court years which they need each other because husband and you may partner.”
From what basic criteria, the petitioner acknowledge the people seemed ahead of your which fact is testified so you’re able to from the witnesses. Into the 2nd criteria, we find you to, up against the petitioner’s allegation, the fresh prosecution has proven, from testimony of witnesses, that contracting events individually declared which they need each other while the husband and wife. Hence, it is clear one petitioner held a married relationship ceremony rather than just blessing.