RONULO Vs. Somebody
FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. But not, at the time of your matrimony, the latest supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding through to learning that the pair were not successful to safe a wedding license. Given that a recourse, Joey, who was upcoming putting on barong tagalong, and you may Claire, clad inside the a marriage dress, with their moms and dads, sponsors and you can website visitors, went on for the Separate Chapel away from Filipino Christians, also known as the new Aglipayan Chapel. It asked the petitioner, an Aglipayan priest, to perform a service that the latter assented even with started advised by partners they had zero matrimony certificate.
Brand new petitioner waiting his choir and arranged a size with the partners for a passing fancy date. The guy used new service about exposure of your bridegroom, the bride-to-be, its moms and dads, the main and secondary sponsors and also the remainder of its allowed guests.
The new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed to the events of service. Joseph try the newest veil sponsor when you’re Mary Anne try new cable sponsor regarding wedding. Mary Anne affirmed that she spotted the latest bride to be walk-down this new aisle. She in addition to watched the couple change the marriage rings, kiss each other, and you will sign a document. She read new petitioner instructing the primary sponsors to signal this new relationship offer. After that, they decided to go to the latest reception, got food and you will got photos. She spotted the fresh petitioner around. She and additionally identified the wedding invitation supplied to the woman by the Joey.
Fl Umadac, the mother away from Joey, affirmed one to she read the happy couple claim from inside the service that they simply take each other since couple. Mariano Roentgen. Nalupta Jr. in which she received a certificate you to no wedding permit is provided on couples.
The brand new petitioner, when you find yourself admitting that he presented a ceremony, declined one to his work away from blessing the happy couple was tantamount in order to an excellent solemnization of your marriage since the contemplated by-law.
ISSUE: Acquired the brand new petitioner was guilty of breaking Article 352 of your Changed Penal Code (RPC) to have allegedly starting an unlawful wedding service.
Weeks after the matrimony, she went to the fresh new civil local civil registrar out-of San Nicolas, Ilocos Norte which have Atty
RATIO: Petitioner presented an illegal wedding. The fresh new crime since delivered to into the Art 352 of your RPC is the show regarding ily Password and that checks out:
(3) A married relationship service which takes place on look of the hiring events until the solemnizing officer https://datingranking.net/local-hookup/mackay/ as well as their private statement you to definitely it bring one another because couple in the presence out-of not less than one or two witnesses off legal age.
Art. 6. Zero prescribed mode otherwise spiritual rite into solemnization of the matrimony becomes necessary. It shall be required, not, toward contracting events to appear truly till the solemnizing manager and claim on exposure away from not less than a couple witnesses away from legal years that they take both because spouse and you may partner. That it declaration can be within the relationship certification hence should be finalized by the employing people as well as their witnesses and attested by the solemnizing officer.
The fresh Best Courtroom explained one to exactly what produced the brand new petitioner’s work an excellent marriage service and not a mere true blessing is actually you to if you find yourself there’s absolutely no prescribed function otherwise religious rite, all of that are called for is actually “on the contracting activities to look privately before the solemnizing officer and you can claim on the visibility from no less than a couple witnesses out-of courtroom years that they take one another just like the husband and you may spouse.”
From what basic demands, new petitioner accepted the parties checked ahead of him which reality is actually testified so you’re able to because of the witnesses. Into the second demands, we find that, contrary to the petitioner’s allegation, the newest prosecution has proven, from the testimony away from witnesses, your employing functions myself stated which they capture one another just like the couple. Hence, it’s clear one petitioner conducted a married relationship ceremony and never just blessing.