Joey Umadac and Claire Bingayen had been planned to help you within Sta
RONULO Vs. People
FACTS: Rosa Catholic Parish Chapel regarding San Nicolas, Ilocos Norte. not, on the day of one’s relationship, brand new going officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding on understanding the partners unsuccessful to secure a married relationship licenses. Given that a good recourse, Joey, who was simply up coming putting on barong tagalong, and Claire, clothed from inside the a wedding dress, together with their mothers, sponsors and you may site visitors, continued with the Independent Chapel out-of Filipino Christians, called the brand new Aglipayan Chapel. It asked the fresh new petitioner, an enthusiastic Aglipayan priest, to perform a service to which the second conformed despite having come told by pair that they had no matrimony certificate.
They is requisite, but not, on the employing parties to seem really through to the solemnizing administrator and state regarding the exposure from not less than one or two witnesses from court age which they need one another because husband and partner
The fresh petitioner waiting their choir and scheduled a bulk with the pair for a passing fancy big date. The guy conducted this new service on the exposure of the groom, the new bride, their moms and dads, the primary and you can secondary sponsors as well as the rest of their invited guests.
This new prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed towards events of one’s ceremony. Joseph is actually the latest veil sponsor whenever you are Mary Anne is actually the fresh new cord mentor from the matrimony. Mary Anne testified you to she watched the bride walk-down the latest aisle. She and additionally saw the happy couple change its wedding rings, kiss each other, and you can sign a document. She heard the brand new petitioner instructing the principal sponsors to help you sign the fresh new relationships package. Afterwards, it visited the fresh reception, got meal and you will got images. She noticed the newest petitioner there. She along with known the wedding invite given to the woman of the Joey.
Fl Umadac, the mother away from Joey, affirmed you to definitely she heard the couple claim inside the ceremony one they take each other while the wife and husband. Days after the matrimony, she went to the municipal local municipal registrar out-of San Nicolas, Ilocos Norte which have Atty. Mariano R. Nalupta Jr. in which she was given a certification one to zero relationships licenses are issued into few.
The brand new petitioner, while you are admitting he used a ceremony, denied that his act out of blessing the couple try tantamount in order to a good solemnization of one’s marriage once the contemplated by-law.
ISSUE: Obtained the petitioner is guilty of violating Blog post 352 of your own Changed Penal Code (RPC) to have allegedly performing an illegal wedding.
RATIO: Petitioner held an unlawful wedding party. The latest crime as provided for for the Art 352 of RPC is the results out-of ily Code and therefore checks out:
(3) A wedding service which takes set toward look of the newest employing parties before solemnizing manager and their individual statement that they bring each other due to the fact husband and wife throughout the presence away from no less than two witnesses from judge many years.
Artwork. six. Zero given mode or religious rite into the solemnization of your own marriage becomes necessary. Which declaration will likely be contained in the marriage certificate and this shall be signed by the employing functions and their witnesses and you will attested by solemnizing manager.
The fresh Finest Judge said one what generated the latest petitioner’s work good marriage service and not just just blessing was you to whenever you are there’s absolutely no given form or religious rite, all of that was required try “to the employing people to seem really till the solemnizing manager and claim throughout the presence out-of not less than a couple of witnesses from legal decades that they get both while the partner and you can spouse.”
About what very first criteria, the new petitioner admitted that the events checked just before him https://datingranking.net/local-hookup/new-orleans/ hence fact is actually affirmed so you can by the witnesses. With the second specifications, we find you to definitely, resistant to the petitioner’s allegation, new prosecution has proven, through the testimony from witnesses, that contracting people myself stated which they capture both because the husband and wife. Hence, it is clear that petitioner held a wedding ceremony rather than only true blessing.