Joey Umadac and Claire Bingayen had been planned in order to at Sta

RONULO Compared to. Anyone

FACTS: Rosa Catholic Parish Chapel from San Nicolas, Ilocos Norte. But not, at the time of your marriage, brand new supposed officiating priest, Fr. Mario Ragaza, refused to solemnize the wedding on training the partners unsuccessful so you can safe a wedding permit. Once the a good recourse, Joey, who was simply next wear barong tagalong, and you may Claire, clothed in a wedding clothes, with their parents, sponsors and you will customers, proceeded toward Separate Chapel off Filipino Christians, labeled as the newest Aglipayan Church. They asked the fresh petitioner, an Aglipayan priest, to do a ceremony that the second assented even with started told because of the pair they had no relationships certificate.

It might be requisite, not, toward contracting people to appear really up until the solemnizing officer and you will declare in the visibility of no less than one or two witnesses regarding courtroom age which they take one another once the spouse and you may wife

The fresh new petitioner wishing their choir and you will arranged a mass towards couples on a single time. He presented the latest service about exposure of your own bridegroom, the latest fiance, its mothers, the principal and you may supplementary sponsors and rest of the acceptance guests.

The prosecution’s witnesses, Joseph and you will Mary Anne Yere, testified for the occurrences of your ceremony. Joseph try the fresh new veil sponsor if you find yourself Mary Anne is brand new cable recruit in the relationships. Mary Anne testified one to she noticed this new bride walk-down brand https://datingranking.net/local-hookup/san-diego/ new aisle. She plus watched the couple replace their marriage rings, hug both, and you can indication a document. She heard the fresh new petitioner teaching the principal sponsors to sign the brand new matrimony contract. Afterwards, they went to the brand new lobby, got dinner and you will took photo. She watched the fresh new petitioner there. She and understood the marriage invitation given to her from the Joey.

Florida Umadac, mom out-of Joey, affirmed one to she read the happy couple declare in service one to it need each other as the wife and husband. Months adopting the relationships, she decided to go to new civil local civil registrar away from San Nicolas, Ilocos Norte which have Atty. Mariano R. Nalupta Jr. where she gotten a certificate you to zero marriage licenses are awarded towards the few.

The latest petitioner, while admitting that he presented a service, denied one to his operate out of blessing the couple is tantamount to help you a solemnization of one’s relationships because the considered by-law.

ISSUE: Acquired the new petitioner is actually guilty of violating Article 352 of Modified Penal Password (RPC) getting allegedly undertaking an unlawful marriage service.

RATIO: Petitioner used an illegal marriage service. The new offense since provided for within the Ways 352 of one’s RPC refers to the efficiency out-of ily Code which checks out:

(۳) A wedding service which takes lay on the appearance of the new contracting functions through to the solemnizing administrator as well as their personal report one it bring each other because the husband and wife from the exposure regarding not less than a couple witnesses out of courtroom years.

Ways. six. Zero prescribed function or religious rite toward solemnization of your relationship required. This statement will be contained in the marriage certificate and therefore shall feel closed of the contracting functions in addition to their witnesses and you can attested from the solemnizing administrator.

New Best Court told me you to just what generated new petitioner’s operate a good wedding service and not only just true blessing is actually one when you find yourself there isn’t any given function or spiritual rite, all of that is actually required try “towards hiring activities to appear physically until the solemnizing officer and state on presence off for around two witnesses from judge many years which they take one another as the partner and you will spouse.”

To what first specifications, the brand new petitioner accepted your people appeared prior to your and this reality was affirmed to by witnesses. Toward next requirement, we discover that, resistant to the petitioner’s allegation, this new prosecution seems, from the testimony off witnesses, that contracting people really announced that they grab one another given that couple. For this reason, it is clear you to petitioner used a wedding service and not just blessing.