FACTS: Rosa Catholic Parish Church from San Nicolas, Ilocos Norte. But not, on the day of your own matrimony, the brand new supposed officiating priest, Fr. Mario Ragaza, would not solemnize the wedding on reading that the couple failed so you’re able to secure a marriage permit. While the a recourse, Joey, who had been following putting on barong tagalong, and Claire, clad into the a married relationship clothes, together with their mothers, sponsors and you will visitors, proceeded to your Separate Chapel away from Filipino Christians, known as the brand new Aglipayan Chapel. It expected the brand new petitioner, an Aglipayan priest, to execute a ceremony that the second agreed despite having started told by the couples that they had no wedding certificate.
The fresh new petitioner wishing their choir and scheduled a mass towards the couples on the same time. The guy used the fresh service from the presence of bridegroom, the new bride-to-be, its parents, the primary and additional sponsors and also the rest of its anticipate visitors.
The fresh new prosecution’s witnesses, Joseph and you may Mary Anne Yere, testified on events of the service. Joseph try new veil mentor if you find yourself Mary Anne was brand new wire sponsor on wedding. Mary Anne affirmed that she noticed brand new bride to be walk-down new aisle. She along with noticed the happy couple replace the wedding rings, hug both, and you can sign a file. She heard the fresh new petitioner instructing the principal sponsors in order to signal brand new matrimony deal. Thereafter, it visited brand new lobby, got meal and you can got photos. She noticed the latest petitioner here.
Fl Umadac, mom out of Joey, testified you to definitely she read the happy couple state when you look at the service one they grab both once the husband and wife. Days following matrimony, she went along to this new civil regional civil registrar out-of San Nicolas, Ilocos Norte that have Atty. Mariano R. Nalupta Jr. in which she obtained a certification you to zero wedding licenses was given on partners.
The brand new petitioner, if you are admitting he held a ceremony, rejected one their work regarding blessing the couple are tantamount in order to a good solemnization of relationships due to the fact considered by-law.
ISSUE: Won the newest petitioner try guilty of violating Article 352 of Changed Penal Password (RPC) having allegedly creating an illegal wedding ceremony.
RATIO: Petitioner conducted an unlawful marriage ceremony. The newest crime just like the delivered to from inside the Artwork 352 of RPC refers to the abilities out-of ily Password hence checks out:
(3) A marriage ceremony which will take put to the look of this new contracting functions till the solemnizing manager and their personal declaration one to they need one another since the couple on the exposure away from no less than a couple of witnesses regarding legal age.
Ways. 6. No given setting or religious rite on the solemnization of wedding is required https://datingranking.net/. It should be called for, however, towards the hiring parties to appear in person before the solemnizing manager and claim on the visibility of no less than one or two witnesses from legal many years that they just take both as spouse and girlfriend. So it declaration is going to be part of the matrimony certificate hence will end up being signed because of the employing people and their witnesses and you may attested because of the solemnizing manager.
The new Ultimate Judge told me you to just what produced this new petitioner’s work a good wedding service and not just just true blessing are you to definitely when you’re there isn’t any given function or spiritual rite, all that is actually necessary is “for the employing activities to look myself until the solemnizing manager and you may declare from the presence off no less than one or two witnesses regarding courtroom ages which they bring one another since husband and wife.”
To what basic requirement, the new petitioner accepted the parties seemed just before your and this truth was testified so you’re able to by witnesses. Toward second needs, we find that, contrary to the petitioner’s allegation, new prosecution has proven, through the testimony out of witnesses, that the employing parties myself announced that they grab both because couple. Hence, it’s obvious you to definitely petitioner held a marriage ceremony rather than a mere true blessing.
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