RONULO Against. Anybody
FACTS: Rosa Catholic Parish Church of San Nicolas, Ilocos Norte. Yet not, at the time of the relationship, this new going officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of studying that few unsuccessful so you can safer a marriage license. Because a recourse, Joey, who was simply next sporting barong tagalong, and you may Claire, clad inside the a wedding outfit, with their mothers, sponsors and you can website visitors, proceeded to your Independent Church off Filipino Christians, also known as the Aglipayan Church. They requested the latest petitioner, a keen Aglipayan priest, to perform a service that the second assented despite started informed from the couples they had no marriage certificate.
The fresh petitioner wishing their choir and you may planned a mass to your couples for a passing fancy date. The guy presented the fresh ceremony from the visibility of groom, the fresh new bride to be, their moms and dads, the main and you may second sponsors and also the rest of their greet customers.
Brand new prosecution’s witnesses, Joseph and Mary Anne Yere, testified towards situations of the service. Joseph is the newest veil sponsor when you are Mary Anne is the wire recruit in the marriage. Mary Anne testified you to she watched the new bride to be walk-down the new section. She also saw the couple change its wedding rings, hug each other, and sign a document. She heard brand new petitioner instructing the principal sponsors to indication the new marriage deal. Thereafter, they went along to the new lobby, had lunch and you will took images. She spotted brand new petitioner indeed there. She including identified the wedding invite given to the lady by the Joey.
Florida Umadac, the caretaker regarding Joey, affirmed one to she read the couple declare inside the ceremony you to definitely it just take both due to the fact husband and wife. Mariano R. Nalupta Jr. in which she gotten a certificate you to definitely zero marriage license is actually granted to the pair.
The brand new petitioner, when you find yourself admitting he used a ceremony, refuted that his operate out of true blessing the happy couple was tantamount to a good solemnization of wedding given that contemplated legally.
ISSUE: Won the fresh petitioner best app for hookup Syracuse was accountable for breaking Article 352 of your own Changed Penal Code (RPC) to own allegedly undertaking an unlawful marriage service.
Months pursuing the relationship, she decided to go to brand new municipal local civil registrar of San Nicolas, Ilocos Norte which have Atty
RATIO: Petitioner used an unlawful marriage ceremony. The brand new offense because the taken to during the Ways 352 of your own RPC refers to the abilities regarding ily Code and this checks out:
(3) A marriage ceremony which takes lay toward appearance of new contracting activities before solemnizing administrator in addition to their private statement one to they simply take one another while the husband and wife on the presence from for around several witnesses regarding judge years.
Ways. six. Zero given function or spiritual rite into solemnization of matrimony required. They will likely be necessary, although not, to the contracting parties to appear physically until the solemnizing administrator and declare on presence of no less than a couple witnesses regarding courtroom age which they grab each other while the spouse and you may spouse. It declaration would be included in the wedding certification and therefore should become closed by the contracting functions and their witnesses and attested by the solemnizing officer.
The Best Court said that what produced the new petitioner’s act good wedding and not only only true blessing try you to definitely whenever you are there isn’t any prescribed function or religious rite, all that was necessary was “on the contracting activities to look truly before solemnizing manager and you will declare in the presence off no less than a couple of witnesses from legal many years which they grab each other just like the spouse and you may spouse.”
About what basic criteria, this new petitioner acknowledge the functions looked prior to him and therefore reality is affirmed in order to by witnesses. For the second criteria, we find that, against the petitioner’s allegation, the new prosecution seems, from the testimony from witnesses, your employing events individually declared that they bring one another as husband and wife. For this reason, it is obvious that petitioner presented a married relationship service and never just true blessing.