RONULO Against. Anybody
FACTS: Rosa Catholic Parish Church out of San Nicolas, Ilocos Norte. But not, on the day of your wedding, the latest supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage upon training the few failed so you can safe a wedding permit. As the an excellent recourse, Joey, who was simply up coming putting on barong tagalong, and you may Claire, clad in a wedding clothes, with their moms and dads, sponsors and subscribers, proceeded towards Separate Chapel of Filipino Christians, labeled as the newest Aglipayan Church. They expected new petitioner, a keen Aglipayan priest, to execute a ceremony to which the latter conformed even with become told of the couple they had no wedding certification.
They would be necessary, but not, with the contracting parties to appear physically up until the solemnizing manager and you will state in the visibility out of for around one or two witnesses regarding courtroom ages which they get one another once the husband and you can girlfriend
The petitioner wishing his choir and you can scheduled a size with the pair on a single go out. He conducted the new service from the visibility of bridegroom, the latest bride to be, the mothers, the main and you may second sponsors and also the remainder of the greeting visitors.
The brand new prosecution’s witnesses, Joseph and you will Mary Anne Yere, affirmed on the incidents of one’s service. Joseph is actually the brand new veil mentor when you find yourself Mary Anne was the latest cord recruit about wedding. Mary Anne affirmed one she saw this new bride walk-down the new section. She as well as saw the happy couple exchange its wedding rings, hug both, and you will signal a file. She heard the petitioner instructing the primary sponsors to help you indication the fresh new relationship package. Afterwards, it went to the brand new reception, got dinner and you can took pictures. She spotted new petitioner truth be told there. She along with understood the wedding invitation made available to her by Joey.
Fl Umadac, the caretaker from Joey, affirmed you to definitely she read the happy couple state into the service that they just take one another once the wife and husband. Weeks following marriage, she visited the municipal local municipal registrar off San Nicolas, Ilocos Norte that have Atty. Mariano R. Nalupta Jr. where she was given a certification one to no matrimony license are granted to the pair.
The petitioner, if you find yourself admitting that he held a ceremony, refused you to definitely their operate from blessing the couple is tantamount to help you a solemnization of your own relationships as the contemplated by law.
ISSUE: Won the new petitioner try guilty of violating Blog post 352 of your Changed Penal Code (RPC) having presumably starting an unlawful wedding service.
RATIO: Petitioner presented an illegal wedding. This new crime because the provided for from inside the Art 352 of your RPC refers to the abilities off ily Password and this checks out:
(3) A marriage service which will take set on the appearance of the newest contracting parties through to the solemnizing manager in addition to their individual statement one to it capture one another given that husband and wife regarding visibility of not less than a couple of https://www.datingranking.net/local-hookup/knoxville/ witnesses away from legal many years.
Art. 6. No prescribed function otherwise spiritual rite on the solemnization of your relationships becomes necessary. That it statement is going to be contained in the matrimony certification and that will be finalized by employing people and their witnesses and you will attested by the solemnizing officer.
The brand new Supreme Court informed me that just what generated new petitioner’s act an excellent wedding and not only blessing is actually you to definitely if you’re there is absolutely no prescribed function otherwise religious rite, all of that try requisite are “into employing parties to seem truly up until the solemnizing officer and you may claim regarding exposure off not less than two witnesses away from legal many years which they just take each other because spouse and you will wife.”
As to the earliest needs, new petitioner admitted your parties checked prior to him which reality are affirmed to help you because of the witnesses. With the next needs, we discover one to, from the petitioner’s allegation, the latest prosecution seems, from testimony out-of witnesses, your hiring functions truly stated which they bring each other given that husband and wife. For this reason, it’s obvious you to definitely petitioner used a marriage service and not a mere true blessing.
