RONULO Against. People
FACTS: Rosa Catholic Parish Chapel regarding San Nicolas, Ilocos Norte. not, on the day of your marriage, the fresh heading officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of understanding the couple were unsuccessful so you can secure a wedding license. Due to the fact a great recourse, Joey, who had been upcoming sporting barong tagalong, and you may Claire, clad into the a married relationship outfit, along with their moms and dads, sponsors and you will visitors, continued on Separate Church out-of Filipino Christians, known as the Aglipayan Chapel. It asked the brand new petitioner, a keen Aglipayan priest, to execute a service to which the second decided despite having started informed because of the pair they had no wedding certification.
The petitioner waiting their choir and scheduled a mass towards the pair for a passing fancy day. He presented new ceremony in the presence of groom, the latest bride, their mothers, the main and supplementary sponsors and also the remainder of the greet website visitors.
The latest prosecution’s witnesses, Joseph and you may Mary Anne Yere, testified to your situations of the ceremony. Joseph is actually the new veil sponsor if you are Mary Anne are new wire recruit on marriage. Mary Anne testified you to definitely she watched the fresh bride-to-be walk-down the brand new aisle. She as well as watched the happy couple exchange the wedding rings, kiss one another, and you may signal a file. She read the fresh petitioner training the principal sponsors to help you signal the fresh wedding deal. Afterwards, it went along to the fresh reception, got meal and you may took photo. She watched the brand new petitioner around.
Florida Umadac, mom regarding Joey, testified one she heard the happy couple claim in the ceremony you to definitely it bring both given that couple. Weeks pursuing the wedding, she went to brand new civil regional civil registrar of San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. where she got a certificate one zero matrimony permit is granted on couple.
The petitioner, if you are admitting which he held a service, refuted you to definitely his work out of blessing the couple was tantamount so you can a great solemnization of your relationships while the contemplated for legal reasons.
ISSUE: Claimed the new petitioner is actually responsible for breaking Blog post 352 of the Modified Penal Code (RPC) to own presumably undertaking an unlawful marriage service.
She and additionally recognized the wedding invite provided to her by Joey
RATIO: Petitioner used an illegal wedding service. The offense since provided for in Art 352 of your own RPC is the abilities from ily Password and therefore checks out:
(3) A married relationship ceremony that takes put on look of the brand new hiring functions before solemnizing officer in addition to their private report that it capture both since husband and wife regarding presence from not less than several witnesses out-of judge age.
Art. six. Zero recommended mode otherwise spiritual rite with the solemnization of your relationship will become necessary. They should be expected, but not, towards the employing parties to appear myself till the solemnizing officer and you will claim about exposure away from not less than a couple witnesses out-of judge age that they capture each other just like the partner and you will spouse. So it declaration shall be part of the relationship certification and therefore shall be closed because of the contracting functions and their witnesses and you will attested by the solemnizing manager.
The latest Best Judge explained you to definitely exactly what produced the brand new petitioner’s act a good wedding ceremony and not a mere blessing is you to whenever you are there isn’t any given function otherwise spiritual rite, all of that is actually necessary is actually “towards contracting people to appear physically through to the solemnizing administrator and claim regarding exposure out of not less than several witnesses out-of legal decades that they get one another just like the spouse and you can partner.”
To what basic criteria, this new petitioner acknowledge your parties looked ahead of him hence reality was testified to of the witnesses. On the second requirement, we discover you to, up against the petitioner’s allegation, the new prosecution seems, through the testimony out-of https://datingranking.net/geek-dating/ witnesses, the hiring activities personally stated which they need one another given that wife and husband. For this reason, it is clear one to petitioner used a wedding ceremony and not just blessing.