RONULO Vs. People
FACTS: Rosa Catholic Parish Church out-of San Nicolas, Ilocos Norte. However, at the time of your wedding, the fresh new going officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of learning that the few were unsuccessful so you can safer a http://datingranking.net/local-hookup/new-orleans/ married relationship licenses. Because an excellent recourse, Joey, who had been next wear barong tagalong, and you may Claire, clad inside a married relationship gown, along with their mothers, sponsors and you can guests, went on on the Separate Chapel of Filipino Christians, also known as the newest Aglipayan Chapel. It asked this new petitioner, an Aglipayan priest, to execute a service that the latter consented even with become told because of the couple that they had zero wedding certificate.
New petitioner waiting their choir and you may arranged a size on the partners on the same day. The guy presented the newest service regarding the exposure of your groom, the fresh new bride, the moms and dads, the main and you will additional sponsors in addition to rest of its acceptance tourist.
The fresh prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed for the incidents of your service. Joseph try the fresh veil mentor while Mary Anne is this new cable recruit about relationships. Mary Anne affirmed one to she noticed the new fiance walk down the brand new aisle. She in addition to watched the couple change its marriage rings, kiss one another, and you can indication a document. She read the new petitioner training the main sponsors so you can signal the relationship contract. Afterwards, they decided to go to the new lobby, got meal and you may grabbed photo. She spotted new petitioner around. She including understood the wedding invitation supplied to the girl by the Joey.
Florida Umadac, mom of Joey, affirmed one to she heard the happy couple declare within the ceremony one to they grab each other due to the fact couple. Mariano Roentgen. Nalupta Jr. where she obtained a certificate you to definitely no relationship license is granted into pair.
The latest petitioner, when you are admitting which he presented a service, declined one to his act from blessing the happy couple is tantamount in order to a solemnization of the wedding as the contemplated for legal reasons.
ISSUE: Won the brand new petitioner try accountable for violating Post 352 of your own Revised Penal Password (RPC) for presumably undertaking an unlawful wedding party.
Days following the wedding, she went along to the brand new municipal local civil registrar away from San Nicolas, Ilocos Norte with Atty
RATIO: Petitioner conducted an unlawful wedding ceremony. The latest crime because the taken to when you look at the Ways 352 of your RPC refers to the overall performance away from ily Code and this reads:
(3) A marriage ceremony that takes lay towards appearance of the brand new employing activities before solemnizing administrator as well as their private statement you to they just take both just like the couple in the visibility from for around a few witnesses off judge decades.
Artwork. six. Zero recommended mode otherwise spiritual rite to your solemnization of one’s matrimony is required. It are necessary, however, into the hiring parties to seem actually up until the solemnizing manager and you may declare on the visibility out of for around a couple witnesses from judge ages which they grab each other since the partner and you may partner. This declaration are contained in the matrimony certification hence should getting signed of the contracting people in addition to their witnesses and you will attested from the solemnizing officer.
The Ultimate Courtroom told me that just what made the new petitioner’s operate an excellent marriage service and not just only blessing are one to while you are there is no given function or religious rite, all that is actually expected is actually “into hiring events to seem myself up until the solemnizing administrator and you will declare regarding visibility of not less than a couple of witnesses away from courtroom ages which they simply take both because partner and you can spouse.”
About what earliest needs, the newest petitioner acknowledge that functions seemed ahead of your which truth try testified so you can of the witnesses. To the next requirement, we find one to, resistant to the petitioner’s allegation, the new prosecution has proven, from testimony out-of witnesses, that hiring people directly proclaimed that they take each other since the wife and husband. For this reason, it is obvious that petitioner conducted a wedding service and never only blessing.