23 Sep Joey Umadac and you will Claire Bingayen was indeed scheduled so you can at the Sta
RONULO Vs. Individuals
FACTS: Rosa Catholic Parish Chapel from San Nicolas, Ilocos Norte. But not, on the day of the relationship, this new supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of training that few were unsuccessful to safer a wedding licenses. Because the an effective recourse, Joey, who was simply then wearing barong tagalong, and you may Claire, clad inside the a married relationship dress, together with their moms and dads, sponsors and you can tourist, continued into Separate Church of Filipino Christians, called the new Aglipayan Church. It requested the newest petitioner, an enthusiastic Aglipayan priest, to perform a ceremony that the second consented despite become told from the couples that they had zero relationships certification.
It shall be required, however, towards employing parties to appear personally till the solemnizing officer and claim regarding exposure out-of no less than a couple witnesses from legal ages that they grab each other as spouse and girlfriend
The fresh petitioner prepared his choir and you can booked a size toward few for a passing fancy go out. He presented the brand new ceremony on the exposure of the bridegroom, the brand new bride-to-be, its moms and dads, the main and you may second sponsors and also the remainder of their enjoy visitors.
The brand new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed to your situations of one’s service. Joseph are the fresh veil recruit whenever you are Mary Anne is actually brand new wire mentor regarding the wedding. Mary Anne testified that she watched the latest bride to local hookup near me Kalgoorlie be walk down the new section. She including noticed the couple exchange their marriage rings, kiss both, and signal a file. She heard brand new petitioner instructing the principal sponsors so you can indication the newest relationships deal. Afterwards, they visited this new lobby, got supper and you will took photographs. She saw the petitioner truth be told there. She including understood the marriage invitation provided to the lady because of the Joey.
Florida Umadac, mom out of Joey, testified one she heard the happy couple state within the ceremony one they get both as husband and wife. Days pursuing the wedding, she decided to go to the latest municipal local civil registrar away from San Nicolas, Ilocos Norte which have Atty. Mariano R. Nalupta Jr. where she was given a certification that zero matrimony permit are awarded towards couple.
The petitioner, whenever you are admitting which he presented a ceremony, declined that his work regarding blessing the happy couple is tantamount to help you a solemnization of your relationships since contemplated for legal reasons.
ISSUE: Won the latest petitioner was responsible for breaking Article 352 of the Changed Penal Password (RPC) to have allegedly performing an unlawful marriage service.
RATIO: Petitioner conducted an unlawful marriage service. The crime given that provided for when you look at the Ways 352 of your own RPC refers to the performance off ily Password which reads:
(3) A married relationship ceremony that takes set on look of brand new employing functions up until the solemnizing administrator as well as their private declaration one to they bring each other due to the fact wife and husband from the visibility out-of not less than a couple witnesses out of judge years.
Art. six. Zero prescribed form or religious rite to the solemnization of relationship will become necessary. So it report might be included in the relationship certification and therefore shall end up being signed from the contracting people as well as their witnesses and you will attested by solemnizing manager.
The fresh Ultimate Judge informed me one just what made brand new petitioner’s act a beneficial wedding and not just true blessing are you to definitely when you’re there is no prescribed means or religious rite, all that try required is actually “towards the contracting activities to look individually through to the solemnizing manager and you can state about visibility from for around several witnesses out of court decades that they grab one another since the partner and partner.”
To what basic specifications, the petitioner acknowledge that the events looked ahead of him and therefore reality is affirmed to help you of the witnesses. Towards the next requisite, we discover you to, against the petitioner’s allegation, the brand new prosecution has proven, from testimony out-of witnesses, that contracting activities actually declared which they simply take each other since the couple. Ergo, it is obvious one to petitioner used a marriage ceremony and never a mere blessing.