RONULO Versus. Individuals
FACTS: Rosa Catholic Parish Church off San Nicolas, Ilocos Norte. However, on the day of the marriage, the newest heading officiating priest, Fr. Mario Ragaza, would not solemnize the marriage upon understanding your pair hit a brick wall to safe a marriage licenses. Since a recourse, Joey, who had been then wearing barong tagalong, and you can Claire, clothed inside the a marriage gown, with their mothers, sponsors and you will tourist, continued toward Separate Church out-of Filipino Christians, known as the newest Aglipayan Church. It requested the fresh petitioner, an Aglipayan priest, to do a service to which the second arranged despite started told by couple that they had no relationship certificate.
They is required, not, on the contracting events to look privately before the solemnizing officer and claim about presence out of not less than a couple witnesses out of court decades which they just take both as the husband and you can wife
The newest petitioner waiting his choir and you will booked a size toward few on a single day. He used the newest ceremony regarding exposure of your own groom, the fresh new bride-to-be, the moms and dads, the principal and you may secondary sponsors and remainder of their anticipate website visitors.
Brand new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed towards incidents of your ceremony. Joseph is actually the fresh veil sponsor if you are Mary Anne is new wire recruit on relationships. Mary Anne testified one to she spotted the new fiance walk-down the fresh new aisle. She plus noticed the couple exchange its wedding rings, kiss one another, and you can signal a file. She read new petitioner instructing the main sponsors to help you signal brand new marriage price. After that, they went to the brand new lobby, got meal and you can took pictures. She saw the latest petitioner indeed there. She and identified the marriage invitation supplied to their of the Joey.
Fl Umadac, the caretaker off Joey, testified one to she read the couple declare in the ceremony one to they get both as wife and husband. Weeks after the relationships, she went along to the brand new civil regional municipal registrar from San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. in which she gotten a certificate you to definitely zero relationship license are issued to your few.
New petitioner, while admitting he conducted a ceremony, refused one his act of blessing the happy couple are tantamount so you’re able to a good solemnization of your own relationship just like the contemplated for legal reasons.
ISSUE: Won the petitioner try responsible for violating Article 352 of your Changed Penal Password (RPC) for allegedly creating an illegal wedding party.
RATIO: Petitioner presented an illegal wedding ceremony. The fresh offense just like the sent to from inside the Artwork 352 of RPC refers to the overall performance regarding ily Kalgoorlie local hookup app near me free Password and this checks out:
(3) A married relationship service which will take place to your appearance of brand new contracting functions before solemnizing manager as well as their individual report one to they get each other because couple regarding presence regarding no less than a few witnesses away from courtroom decades.
Art. six. Zero given function or spiritual rite for the solemnization of your relationship is necessary. Which declaration is going to be within the relationship certificate and this will become closed from the contracting functions and their witnesses and you can attested because of the solemnizing administrator.
The new Ultimate Court informed me one to exactly what produced the new petitioner’s work good marriage ceremony and not simply a mere blessing try one if you find yourself there is absolutely no prescribed function otherwise religious rite, all of that was requisite are “for the contracting functions to seem physically before solemnizing manager and claim throughout the presence of not less than two witnesses off judge years that they bring each other since husband and spouse.”
About what first requirement, the new petitioner admitted your parties seemed in advance of your and that facts is actually testified so you’re able to of the witnesses. Into second specifications, we discover you to, from the petitioner’s allegation, new prosecution seems, from testimony from witnesses, that the hiring activities truly declared which they just take one another while the couple. Thus, it is obvious you to petitioner presented a married relationship service and not just true blessing.