RONULO Compared to. Individuals
FACTS: Rosa Catholic Parish Chapel away from San Nicolas, Ilocos Norte. But not, on the day of one’s wedding, the new heading officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of training that couple unsuccessful so you’re able to safer a wedding licenses. As a good recourse, Joey, who was upcoming dressed https://datingranking.net/local-hookup/bendigo/ in barong tagalong, and you will Claire, clothed when you look at the a wedding clothes, along with their moms and dads, sponsors and you may tourist, proceeded to your Separate Chapel away from Filipino Christians, also known as the new Aglipayan Church. They requested the latest petitioner, a keen Aglipayan priest, to execute a ceremony that the second conformed even with already been told from the partners they’d zero matrimony certification.
They are going to be expected, however, into the hiring events to appear directly till the solemnizing manager and you can declare about presence off not less than one or two witnesses from judge decades that they take one another because the partner and you will partner
The fresh petitioner waiting their choir and you can planned a bulk to your few on a single day. He used the latest service regarding the visibility of bridegroom, the bride, their mothers, the main and you may second sponsors while the rest of the greeting visitors.
The latest prosecution’s witnesses, Joseph and you may Mary Anne Yere, affirmed towards the occurrences of one’s service. Joseph is actually this new veil mentor when you find yourself Mary Anne is the new wire recruit throughout the marriage. Mary Anne affirmed you to definitely she saw the latest bride walk-down the brand new aisle. She in addition to spotted the couple exchange the wedding rings, kiss each other, and you may indication a document. She read this new petitioner training the primary sponsors so you can signal the new relationships package. After that, they went along to the newest reception, had lunch and you may got photographs. She saw new petitioner truth be told there. She including known the marriage invite supplied to this lady of the Joey.
Florida Umadac, the caretaker away from Joey, testified that she heard the happy couple claim within the service you to it simply take one another given that couple. Weeks adopting the relationship, she visited the fresh municipal local civil registrar off San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. in which she got a certification you to definitely zero matrimony license is actually provided towards few.
The fresh petitioner, while admitting which he presented a service, rejected you to definitely their operate from blessing the happy couple try tantamount so you’re able to a good solemnization of one’s wedding since considered by law.
ISSUE: Claimed the brand new petitioner is actually accountable for breaking Article 352 of your own Modified Penal Password (RPC) getting allegedly doing an illegal wedding service.
RATIO: Petitioner presented an illegal wedding service. New offense since taken to when you look at the Ways 352 of your own RPC is the show out of ily Password and this checks out:
(3) A married relationship service which takes put toward look of the brand new hiring parties up until the solemnizing manager as well as their individual report you to they get one another because wife and husband regarding exposure away from no less than a few witnesses off courtroom ages.
Ways. six. Zero recommended mode or religious rite on the solemnization of the relationship will become necessary. It statement are within the marriage certification hence will feel closed of the employing events as well as their witnesses and you may attested because of the solemnizing officer.
The fresh new Ultimate Legal told me that exactly what made the fresh petitioner’s work a great wedding service and not just only true blessing is actually one if you find yourself there is no given means or religious rite, all that try needed is actually “for the hiring people to seem actually before solemnizing administrator and you may state regarding the exposure out-of no less than a couple of witnesses of courtroom ages that they take one another because spouse and you may partner.”
As to what basic requisite, the fresh petitioner acknowledge that the events seemed in advance of your which truth is testified so you’re able to because of the witnesses. For the next requirements, we discover one, resistant to the petitioner’s allegation, this new prosecution has proven, through the testimony off witnesses, that hiring events truly proclaimed that they grab one another because couple. For this reason, it is obvious one to petitioner held a wedding service rather than only blessing.
