Joey Umadac and you will Claire Bingayen was in fact booked so you can on Sta
RONULO Versus. Someone
FACTS: Rosa Catholic Parish Chapel off San Nicolas, Ilocos Norte. Although not, on the day of your wedding, the new supposed officiating priest, Fr. Mario Ragaza, https://datingranking.net/local-hookup/launceston/ refused to solemnize the wedding abreast of reading that few hit a brick wall to help you secure a married relationship licenses. Given that a recourse, Joey, who had been up coming wearing barong tagalong, and Claire, clad within the a marriage outfit, together with their parents, sponsors and you can customers, went on towards Separate Chapel out of Filipino Christians, labeled as the newest Aglipayan Chapel. They expected the fresh new petitioner, an enthusiastic Aglipayan priest, to perform a ceremony that aforementioned decided even with become told because of the few they had zero matrimony certificate.
They might be called for, yet not, towards hiring parties to seem actually until the solemnizing officer and you may declare on the presence out of no less than a couple of witnesses from judge ages which they capture each other since the spouse and you may wife
This new petitioner wishing his choir and you may arranged a size toward couples for a passing fancy go out. He held the latest ceremony regarding the exposure of your bridegroom, the fresh new fiance, their parents, the principal and you may additional sponsors additionally the remainder of their welcome guests.
The brand new prosecution’s witnesses, Joseph and Mary Anne Yere, affirmed to the occurrences of your service. Joseph is actually the veil mentor when you’re Mary Anne are the brand new cord sponsor about relationships. Mary Anne affirmed that she watched the newest fiance walk down brand new section. She in addition to watched the happy couple change its wedding rings, kiss both, and you will sign a document. She heard the latest petitioner training the main sponsors so you’re able to indication new wedding bargain. Afterwards, they went along to the latest reception, got food and you may got pictures. She noticed this new petitioner around. She together with known the wedding invitation made available to this lady by Joey.
Florida Umadac, the caretaker regarding Joey, affirmed one to she read the couple claim inside service one to they need both due to the fact couple. Days following the marriage, she visited the fresh civil regional civil registrar regarding San Nicolas, Ilocos Norte that have Atty. Mariano Roentgen. Nalupta Jr. where she obtained a certificate that no relationships licenses is actually granted on the partners.
The new petitioner, when you’re admitting that he conducted a ceremony, refuted one their operate from true blessing the happy couple is actually tantamount so you’re able to a solemnization of the matrimony due to the fact contemplated for legal reasons.
ISSUE: Won the fresh new petitioner was responsible for violating Post 352 of your own Revised Penal Code (RPC) having allegedly carrying out an illegal wedding.
RATIO: Petitioner held an unlawful wedding ceremony. This new offense as delivered to inside the Art 352 of the RPC refers to the performance regarding ily Code and therefore checks out:
(3) A married relationship service which will take place towards appearance of the fresh contracting people until the solemnizing administrator in addition to their individual statement one it capture each other just like the wife and husband from the presence of for around a couple witnesses out-of courtroom decades.
Art. 6. Zero given form or religious rite on solemnization of your own relationship needs. It declaration might be contained in the relationships certification and that should feel finalized by contracting events and their witnesses and attested because of the solemnizing officer.
The brand new Ultimate Courtroom said you to definitely just what produced brand new petitioner’s work a great wedding service and not just a mere true blessing are one while you are there’s no recommended mode or spiritual rite, all of that is required try “with the employing events to appear truly till the solemnizing administrator and you can state regarding visibility out of not less than a few witnesses regarding courtroom many years which they capture one another just like the partner and wife.”
To what very first demands, the newest petitioner acknowledge that parties searched just before your which facts is actually affirmed to by the witnesses. Towards the next needs, we find you to definitely, from the petitioner’s allegation, the fresh prosecution has proven, from the testimony out of witnesses, that the employing activities actually announced that they need one another given that couple. Hence, it is obvious you to petitioner presented a wedding service and never a mere blessing.