RONULO Vs. Someone
FACTS: Rosa Catholic Parish Church away from San Nicolas, Ilocos Norte. Yet not, on the day of the matrimony, the brand new heading officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding through to training your few were unsuccessful so you can secure a married relationship license. Because the a beneficial recourse, Joey, who was simply next dressed in barong tagalong, and you will Claire, clothed during the a marriage clothes, along with their mothers, sponsors and you may travelers, continued into the Independent Chapel out of Filipino Christians, labeled as the latest Aglipayan Chapel. It requested the newest petitioner, an Aglipayan priest, to perform a service that aforementioned decided despite started advised from the couple that they had no wedding certification.
They would be required, however, on hiring parties to seem myself until the solemnizing officer and you can claim throughout the presence from for around a couple witnesses out-of courtroom years which they need each other as spouse and you will girlfriend
The brand new petitioner wishing their choir and planned a bulk towards the partners for a passing fancy day. The guy conducted this new ceremony regarding the presence of groom, the newest bride-to-be, its parents, the primary and you may supplementary sponsors and also the rest of the welcome customers.
The new prosecution’s witnesses, Joseph and you can Mary Anne Yere, testified for the incidents of your own ceremony. Joseph is this new veil mentor whenever you are Mary Anne was the fresh new cable recruit about relationship. Mary Anne testified one to she saw the fresh fiance walk down the fresh new section. She and additionally noticed the happy couple exchange their wedding rings, kiss one another, and signal a file. She read the fresh new petitioner teaching the principal sponsors so you can indication the fresh wedding deal. Thereafter, they decided to go to the fresh lobby, got meal and you can grabbed photographs. She noticed the petitioner here. She along with known the wedding invite supplied to their by Joey.
Fl Umadac, the mother of Joey, testified that she heard the couple claim from inside the service one to it simply take one another given that wife and husband. Months following relationships, she decided to go to the municipal local civil registrar out-of San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. where she was given a certificate one to no marriage licenses is actually approved into the partners.
The latest petitioner, when you’re admitting he used a ceremony, refuted you to his operate from true blessing the couple was tantamount so you’re able to a beneficial solemnization of the relationship as considered by law.
ISSUE: Won the newest petitioner was accountable for violating Article 352 of the Modified Penal Password (RPC) to have allegedly starting an unlawful wedding service.
RATIO: Petitioner held an unlawful marriage ceremony. The latest crime as delivered to when you look at the Ways 352 of your RPC is the results away from ily Code Gold Coast local hookup sites and that checks out:
(3) A marriage service that takes lay with the look of the fresh new employing parties up until the solemnizing manager in addition to their private report you to they need each other just like the husband and wife on the visibility out of not less than several witnesses from judge ages.
Artwork. six. No given function otherwise spiritual rite into the solemnization of matrimony is needed. Which statement will be contained in the relationship certificate and therefore shall getting signed by the contracting parties as well as their witnesses and attested from the solemnizing officer.
The latest Ultimate Courtroom explained one just what made the latest petitioner’s operate an effective wedding and not just just true blessing are you to definitely if you are there is no prescribed means otherwise religious rite, all that is required are “into hiring functions to appear in person before solemnizing administrator and you can state about visibility regarding not less than a few witnesses out-of legal age which they get both given that spouse and you will partner.”
To what earliest requirement, the latest petitioner admitted that the parties looked before your and that facts was affirmed in order to of the witnesses. To the next requisite, we discover you to definitely, from the petitioner’s allegation, the brand new prosecution seems, from the testimony out-of witnesses, that employing functions myself declared which they simply take each other once the couple. Thus, it is obvious one petitioner conducted a wedding service and not only blessing.
