RONULO Compared to. Individuals
FACTS: Rosa Catholic Parish Church out of San Nicolas, Ilocos Norte. Yet not, on the day of your relationships, the newest heading officiating priest, Fr. Mario Ragaza, would not solemnize the wedding abreast of learning that the few were not successful in order to safe a wedding licenses. Since the a recourse, Joey, who was then dressed in barong tagalong, and you will Claire, clothed inside a married relationship outfit, along with their parents, sponsors and you can tourist, proceeded towards the Separate Church regarding Filipino Christians, called the fresh new Aglipayan Church. They asked the latest petitioner, an Aglipayan priest, to execute a ceremony that the latter concurred even with become informed by the pair they had zero relationship certification.
They shall be called for, but not, into contracting people to seem privately before the solemnizing officer and you will declare regarding the visibility out-of for around a couple witnesses regarding court ages which they grab each other just like the partner and partner
The petitioner wishing their choir and you can booked a size towards couple on a single time. He presented the latest service about visibility of the groom, new bride-to-be, its parents, the main and additional sponsors while the rest of their enjoy traffic.
The brand new prosecution’s witnesses, Joseph and Mary Anne Yere, testified towards occurrences of service. Joseph try the veil recruit if you’re Mary Anne is actually the fresh cord mentor on the relationship. Mary Anne testified you to definitely she noticed the fiance walk down the section. She including spotted the couple replace the marriage rings, kiss each other, and you can signal a file. She read brand new petitioner teaching the primary sponsors in order to indication the fresh marriage deal. Afterwards, they went along to the new reception, got food and you will got photographs. She watched the petitioner indeed there. She and additionally identified the marriage invitation given to the lady of the Joey.
Fl Umadac, the mother from Joey, affirmed you to definitely she read the happy couple state in the service you to it simply take both as the wife and husband. Months following the matrimony, she went to brand new municipal local municipal registrar out-of San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. where she obtained a certificate you to definitely zero wedding license is provided with the couples.
New petitioner, while you are admitting he conducted a ceremony, refuted one to his operate of true blessing the happy couple is actually tantamount to help you a beneficial solemnization of relationships because the contemplated for legal reasons.
ISSUE: Claimed new petitioner is responsible for violating Blog post 352 of one’s Modified Penal Code (RPC) having presumably carrying out an illegal marriage ceremony.
RATIO: Petitioner used an illegal wedding party. Brand new crime just like the sent to in Artwork 352 of RPC refers to the performance out-of ily Code and this checks out:
(3) A marriage service that takes set into the appearance of the brand new contracting activities before solemnizing manager as well as their individual statement one it bring both because the wife and husband in the exposure of no less than a couple of witnesses regarding court many years.
Art. 6. Zero recommended best gay hookup apps Leicester means or religious rite toward solemnization of your wedding is needed. It report are included in the matrimony certificate and that shall become signed of the contracting activities as well as their witnesses and you may attested from the solemnizing manager.
The fresh Finest Courtroom said one just what generated new petitioner’s work a good wedding ceremony and not just true blessing is actually one if you’re there is absolutely no given setting otherwise religious rite, all of that try called for are “for the hiring parties to appear physically through to the solemnizing manager and you can declare from the exposure away from no less than a couple witnesses regarding courtroom age which they take one another as husband and you may wife.”
To what basic requisite, the new petitioner acknowledge that the events looked in advance of him and therefore facts are testified to of the witnesses. For the 2nd demands, we find that, contrary to the petitioner’s allegation, the brand new prosecution seems, from testimony of witnesses, that hiring events myself declared that they get both once the wife and husband. Thus, it’s obvious one to petitioner presented a wedding service and never a mere true blessing.