RONULO Against. People
FACTS: Rosa Catholic Parish Church away from San Nicolas, Ilocos Norte. Yet not, on the day of your own marriage, this new going officiating priest, Fr. Mario Ragaza https://datingranking.net/local-hookup/toledo/, refused to solemnize the marriage on training your couples were not successful to help you safer a married relationship licenses. Just like the a great recourse, Joey, who was upcoming dressed in barong tagalong, and you may Claire, clothed inside a wedding outfit, with their parents, sponsors and traffic, went on towards the Independent Chapel regarding Filipino Christians, known as the Aglipayan Church. It asked the fresh new petitioner, a keen Aglipayan priest, to do a ceremony that the latter arranged despite having already been told by the couple that they had zero wedding certification.
The new petitioner prepared their choir and you may arranged a bulk toward few for a passing fancy big date. He conducted the new service about presence of your groom, the fresh bride-to-be, its moms and dads, the principal and you may secondary sponsors together with rest of their acceptance tourist.
Brand new prosecution’s witnesses, Joseph and Mary Anne Yere, testified on occurrences of your service. Joseph try the fresh veil sponsor when you’re Mary Anne is the fresh new cable mentor regarding relationship. Mary Anne testified you to definitely she watched the brand new bride-to-be walk down new section. She in addition to spotted the couple exchange the wedding rings, kiss each other, and you may indication a file. She read the brand new petitioner training the principal sponsors so you’re able to signal new matrimony package. Thereafter, it went to new reception, had food and you will got photo. She saw this new petitioner indeed there.
Florida Umadac, the caretaker from Joey, affirmed you to she heard the happy couple claim from inside the service one to they simply take one another due to the fact couple. Days pursuing the marriage, she decided to go to the newest municipal regional municipal registrar away from San Nicolas, Ilocos Norte having Atty. Mariano Roentgen. Nalupta Jr. where she obtained a certification that zero relationship permit is approved into pair.
The fresh petitioner, while you are admitting he used a ceremony, refused one his work off blessing the happy couple are tantamount so you can a beneficial solemnization of your own marriage while the considered legally.
ISSUE: Won the brand new petitioner are guilty of breaking Post 352 of Changed Penal Code (RPC) to own presumably starting an unlawful wedding party.
She in addition to understood the wedding invite made available to this lady by the Joey
RATIO: Petitioner used an illegal wedding ceremony. The newest crime just like the taken to from inside the Ways 352 of one’s RPC is the performance from ily Password and that checks out:
(3) A married relationship service which will take place towards the look of the new hiring people until the solemnizing administrator as well as their personal declaration you to definitely they simply take one another just like the wife and husband regarding exposure regarding no less than a couple witnesses regarding court many years.
Ways. six. Zero recommended function or spiritual rite for the solemnization of your own marriage is needed. It is going to be required, not, into employing parties to appear privately until the solemnizing administrator and you can state in the visibility from no less than several witnesses of judge years which they just take one another since spouse and spouse. That it declaration will be part of the relationships certificate and therefore should become signed by the contracting activities and their witnesses and you may attested because of the solemnizing manager.
New Finest Court told me that exactly what made the newest petitioner’s work a good wedding ceremony and not simply only blessing is that when you find yourself there’s no given means or religious rite, all that try necessary are “on the contracting functions to look yourself before solemnizing manager and state on presence away from not less than a couple witnesses out-of judge many years which they need one another just like the partner and girlfriend.”
As to the earliest requisite, the newest petitioner accepted that people checked just before him which fact try affirmed so you can by witnesses. Toward next criteria, we find you to definitely, from the petitioner’s allegation, the newest prosecution seems, from the testimony out-of witnesses, your employing activities myself proclaimed which they just take both since the couple. Thus, it’s obvious you to petitioner presented a wedding service and not just true blessing.
