RONULO Compared to. Somebody
FACTS: Rosa Catholic Parish Chapel away from San Nicolas, Ilocos Norte. Although not, on the day of the matrimony, the brand new going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of reading that the couple hit a brick wall in order to safer a marriage permit. Because an effective recourse, Joey, who had been following using barong tagalong, and Claire, clad in a marriage gown, along with their moms and dads, sponsors and you will subscribers, continued to your Separate Chapel away from Filipino Christians, called the brand new Aglipayan Church. It questioned the brand new petitioner, an enthusiastic Aglipayan priest, to execute a ceremony to which the second consented even with come informed of the few they had no relationship certification.
The fresh petitioner wishing their choir and you may booked a bulk towards the pair for a passing fancy time. The guy conducted this new service from the presence of your own groom, the brand new bride to be, the moms and dads, the main and you may additional sponsors together with remainder of the enjoy tourist.
Brand new prosecution’s witnesses, Joseph and Mary Anne Yere, testified toward situations of your own ceremony. Joseph try this new veil mentor when you find yourself Mary Anne are this new cord mentor regarding wedding. Mary Anne affirmed you to she watched the bride to be walk-down this new section. She and additionally spotted the couple change the marriage rings, kiss one another, and indication a document. She read the petitioner teaching the main sponsors to sign the fresh wedding offer. After that, they visited new lobby, had food and took photos. She watched the petitioner here. She and understood the marriage invite made available to the lady by the Joey.
Fl Umadac, the mother regarding Joey, testified you to she read the happy couple state during the ceremony one they get each other while the wife and husband. Mariano R. Nalupta Jr. in which she obtained a certificate that no matrimony licenses best hookup bars Tucson 2022 is granted towards partners.
The newest petitioner, whenever you are admitting he presented a service, refused that his act out-of true blessing the happy couple are tantamount so you can an excellent solemnization of wedding just like the contemplated legally.
ISSUE: Obtained the new petitioner is actually guilty of breaking Article 352 of your Modified Penal Code (RPC) to have allegedly doing an illegal marriage service.
Months following relationships, she decided to go to the fresh civil regional civil registrar regarding San Nicolas, Ilocos Norte with Atty
RATIO: Petitioner conducted an illegal wedding party. New crime because delivered to within the Artwork 352 of one’s RPC is the efficiency off ily Password hence reads:
(3) A marriage ceremony which takes lay with the appearance of the fresh new contracting functions till the solemnizing administrator in addition to their individual statement that they capture both because the couple throughout the presence of no less than one or two witnesses from courtroom age.
Art. 6. Zero recommended mode or spiritual rite toward solemnization of your own relationship will become necessary. It are called for, but not, to the employing functions to look individually through to the solemnizing administrator and state from the visibility from for around several witnesses out-of courtroom many years which they grab both since partner and you may spouse. It declaration is going to be included in the relationship certification hence should be closed from the hiring activities in addition to their witnesses and you can attested by solemnizing officer.
The fresh Ultimate Court informed me you to just what generated new petitioner’s act good marriage service and not just just blessing is one when you’re there isn’t any given mode otherwise religious rite, all of that try expected is “towards employing activities to look physically through to the solemnizing officer and claim throughout the exposure off not less than a few witnesses away from courtroom many years which they just take both while the partner and you will spouse.”
As to what first requirements, the latest petitioner admitted that the activities searched before him and this fact was affirmed so you’re able to by witnesses. On the next needs, we find you to, contrary to the petitioner’s allegation, the newest prosecution has proven, through the testimony of witnesses, your contracting functions directly proclaimed that they simply take one another as couple. Hence, it’s obvious you to petitioner conducted a marriage ceremony and not a mere true blessing.
