RONULO Versus. Somebody
FACTS: Rosa Catholic Parish Chapel from San Nicolas, Ilocos Norte. Yet not, on the day of your own marriage, the latest supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding upon training your couple unsuccessful to safe a wedding permit. While the an excellent recourse, Joey, who had been upcoming putting on barong tagalong, and you can Claire, clad in a married relationship dress, together with their parents, sponsors and you can traffic, went on to your Independent Chapel from Filipino Christians, labeled as the newest Aglipayan Chapel. They expected the fresh petitioner, an enthusiastic Aglipayan priest, to execute a service to which the second conformed despite having come informed of the partners they had zero relationships certificate.
It shall be requisite, not, on the contracting activities to look physically up until the solemnizing administrator and you will state from the presence regarding no less than a couple of witnesses away from court years which they bring each other since the husband and you can spouse
The latest petitioner waiting their choir and you may arranged a mass for the couples on a single date. The guy used this new ceremony in the presence of the groom, brand new fiance, its parents, the primary and you may secondary sponsors in addition to remainder of its acceptance tourist.
This new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed into the events of the service. Joseph try the latest veil mentor if you are Mary Anne try the brand new cable mentor about matrimony. Mary Anne affirmed you to she watched the latest bride to be walk down the fresh new aisle. She in addition to spotted the couple exchange its wedding rings, hug one another, and you may signal a document. She read the newest petitioner training the main sponsors in order to indication new matrimony package. After that, they decided to go to new lobby, got dinner and you can got photographs. She watched brand new petitioner indeed there. She as well as identified the marriage invite supplied to the woman because of the Joey.
Florida Umadac, the mother of Joey, affirmed you to definitely she heard the couple claim inside service one to it simply take both just like the couple. Days following wedding, she visited the newest municipal local civil registrar out-of San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. where she was given a certificate that no marriage licenses is actually awarded into the couple.
The fresh new petitioner, whenever you are admitting he conducted a service, declined that his operate away from blessing the couple are tantamount so you can a solemnization of your marriage because contemplated legally.
ISSUE: Won new petitioner was accountable for violating Article 352 of Modified Penal Password (RPC) to have presumably carrying out an illegal marriage service.
RATIO: Petitioner held an unlawful wedding ceremony. The latest crime while the delivered to in Ways 352 of your RPC is the show away from ily Code and this reads:
(3) A wedding service which takes lay towards the appearance of new employing people before solemnizing officer in addition to their personal report one they take both because the wife and husband about presence of for around several witnesses away from court age.
Ways. six. Zero prescribed means Tulsa hookup ads posting or religious rite on solemnization of relationships will become necessary. It report can be included in the wedding certificate and that will feel closed by the contracting functions in addition to their witnesses and you may attested by the solemnizing administrator.
The fresh Best Court said one just what produced the petitioner’s work good marriage ceremony and not just just true blessing was you to if you find yourself there’s absolutely no prescribed setting or spiritual rite, all of that was requisite is “into the contracting functions to seem actually through to the solemnizing officer and declare regarding the exposure of no less than several witnesses out of courtroom years that they need one another because the partner and you will partner.”
About what basic criteria, new petitioner accepted the parties seemed ahead of your and this facts is testified so you can by the witnesses. On the next specifications, we find one to, from the petitioner’s allegation, the newest prosecution has proven, through the testimony out of witnesses, your employing people really declared that they get each other since the wife and husband. For this reason, it’s clear you to petitioner used a married relationship service and not only blessing.