RONULO Versus. People
FACTS: Rosa Catholic Parish Church out of San Nicolas, Ilocos Norte. not, at the time of your own marriage, the fresh heading officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding through to training that pair unsuccessful to help you safe a wedding license. Since an effective recourse, Joey, who had been following dressed in barong tagalong, and Claire, clothed in a marriage gown, with their parents, sponsors and traffic, continued to your Independent Chapel out of Filipino Christians, known as brand new Aglipayan Chapel. It expected the fresh petitioner, an Aglipayan priest, to do a service that the latter conformed despite having been advised from the partners they’d zero relationships certification.
The new petitioner wishing his choir and you will booked a size toward few for a passing fancy big date. The guy presented the new ceremony in the exposure of the bridegroom, the new bride to be, their parents, the principal and you can second sponsors and rest of its enjoy visitors.
The prosecution’s witnesses, Joseph and you may Mary Anne Yere, affirmed into the occurrences of the service. Joseph is the brand new veil recruit if you’re Mary Anne was this new wire sponsor on the relationship. Mary Anne affirmed one she spotted the newest fiance walk-down this new aisle. She also watched the couple change its marriage rings, hug one another, and sign a file. She read new petitioner teaching the main sponsors so you can sign this new wedding bargain. After that, it went along to brand new reception, got supper and you will grabbed images. She saw the petitioner indeed there. She and recognized the marriage invitation given to the lady by Joey.
Florida Umadac, the mother regarding Joey, affirmed one she heard the couple state when you look at the service that it bring one another as couple. Mariano Roentgen. Nalupta Jr. where she received a certification you to no relationship license was awarded to your few.
This new petitioner, if you’re admitting which he conducted a service, declined you to his operate regarding blessing the couple are tantamount so you’re able to a solemnization of one’s relationships as the considered by-law.
ISSUE: Acquired brand new petitioner are responsible for violating Article 352 of your own Revised Penal Code (RPC) to own allegedly performing an illegal marriage ceremony.
Weeks following the marriage, she went to the fresh new civil regional civil registrar regarding San Nicolas, Ilocos Norte that have Atty
RATIO: Petitioner conducted an illegal marriage service. The fresh crime because sent to from inside the Ways 352 of one’s RPC refers to the abilities from ily Password and therefore reads:
(3) A marriage service which will take lay toward appearance of the brand new hiring activities before solemnizing administrator as well as their individual statement one it bring one another since husband and wife regarding the visibility away from not less than a few witnesses from judge ages.
Artwork. 6. Zero given function or religious rite into the solemnization of your own relationship is necessary. It should be called for, yet not, on the hiring people to seem actually till the solemnizing administrator and you may declare throughout the presence out-of for around a couple of witnesses off judge ages which they get both since spouse and you may partner. So it statement will likely be contained in the wedding certificate and Tempe Arizona hookup site this shall getting finalized by the contracting parties as well as their witnesses and you can attested of the solemnizing administrator.
New Best Legal informed me you to exactly what generated brand new petitioner’s operate an effective wedding service and not just blessing are one if you find yourself there is absolutely no recommended form otherwise religious rite, all of that is actually needed is actually “to the employing functions to look directly through to the solemnizing manager and you will state from the presence regarding no less than a couple of witnesses away from courtroom ages which they just take both as partner and you will spouse.”
As to the first criteria, the newest petitioner accepted that activities checked just before your which fact is actually testified so you can from the witnesses. Toward 2nd needs, we find you to, against the petitioner’s allegation, the newest prosecution seems, from the testimony out of witnesses, the contracting events actually announced which they take each other since the couple. For this reason, it’s obvious you to petitioner used a wedding ceremony and never only true blessing.