RONULO Vs. Somebody
FACTS: Rosa Catholic Parish Chapel away from San Nicolas, Ilocos Norte. But not, at the time of wedding, brand new going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage upon training the pair unsuccessful to help you safer a marriage licenses. As good recourse, Joey, who was simply upcoming dressed in barong tagalong, and you will Claire, clothed inside the a wedding gown, with their mothers, sponsors and you may travelers, went on into the Independent Chapel regarding Filipino Christians, called the fresh Aglipayan Church. They requested the brand new petitioner, an enthusiastic Aglipayan priest, to execute a service that the second assented even with already been informed by the few that they had zero marriage certificate.
The brand new petitioner waiting his choir and planned a mass on the pair on the same big date. He held the ceremony regarding presence of your groom, this new bride, their parents, the main and you will supplementary sponsors plus the rest of its allowed subscribers.
The latest prosecution’s witnesses, Joseph and Mary Anne Yere, testified into events of your service. Joseph are the fresh new veil sponsor when you’re Mary Anne try the fresh new wire recruit about matrimony. Mary Anne testified that she noticed the fresh new bride-to-be walk-down new aisle. She as well as spotted the happy couple exchange its marriage rings, kiss both, and you will signal a file. She read the brand new petitioner teaching the main sponsors in order to signal this new wedding bargain. Thereafter, they visited the lobby, got meal and you will took pictures. She watched the petitioner truth be told there. She along with understood the wedding invite provided to the girl from the Joey.
Florida Umadac, the caretaker out-of Joey, testified you to she heard the couple claim inside service you to it capture one another since the couple. Mariano R. Nalupta Jr. where she received a certificate you to definitely zero relationship license are awarded to the couples.
The brand new petitioner, when you’re admitting which he held a ceremony, denied you to his operate out-of true blessing the couple are tantamount so you can a good solemnization of one’s matrimony due to the fact contemplated by law.
ISSUE: Obtained the fresh new petitioner was accountable for violating Article 352 of your Modified Penal Code (RPC) having presumably creating an illegal wedding.
Days following the relationships, she decided to go to the civil local municipal registrar regarding San Nicolas, Ilocos Norte which have Atty
RATIO: Petitioner used an illegal wedding. The brand new crime since sent to within the Ways 352 of RPC is the abilities away from ily Password and that checks out:
(3) A wedding service which takes lay on the appearance of the employing people up until the solemnizing administrator in addition to their private statement one it need one another since the husband and wife on the exposure off no less than a couple of witnesses off legal many years.
Art. 6. Zero given setting otherwise religious rite towards the solemnization of one’s relationship is required. They is going to be requisite, not, toward hiring functions to look physically through to the solemnizing officer and you can state on visibility out-of for around several witnesses out-of courtroom decades which they get each other as the husband and you will girlfriend. This report are part of the relationships certificate and therefore should be signed of the hiring activities and their witnesses and you can attested by the solemnizing manager.
The brand new Ultimate Court explained you to exactly what generated the fresh petitioner’s work good marriage ceremony and not only only true blessing are that if you find yourself there’s no given setting or religious rite, all of that is needed are “on hiring functions to look individually until the solemnizing administrator and state on the visibility of for around a few witnesses off courtroom ages that they capture each other since husband and you will spouse.”
As to the earliest needs, the latest petitioner acknowledge that the functions seemed prior to him and this facts are affirmed to from the witnesses. Towards next http://datingranking.net/couples-dating requirement, we find one, from the petitioner’s allegation, the prosecution has proven, from testimony of witnesses, the employing functions individually declared that they need each other because the wife and husband. Ergo, it is clear that petitioner used a marriage ceremony and never just true blessing.