Joey Umadac and you will Claire Bingayen had been planned in order to in the Sta

Joey Umadac and you will Claire Bingayen had been planned in order to in the Sta

RONULO Vs. Somebody

FACTS: Rosa Catholic Parish Church out-of San Nicolas, Ilocos Norte. However, on the day of the relationship, the new going officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage abreast of discovering that few were unsuccessful so you’re able to safe a married relationship license. Because a recourse, Joey, who was upcoming wear barong tagalong, and you will Claire, clothed in the a married relationship gown, along with their mothers, sponsors and you will website visitors, continued for the Independent Chapel off Filipino Christians, called brand new Aglipayan Chapel. It asked the petitioner, an Aglipayan priest, to do a service that the second decided despite having already been told because of the few that they had no wedding certification.

They are expected, yet not, for the hiring activities to seem myself before solemnizing manager and you will declare from the visibility regarding not less than a couple witnesses out-of courtroom ages that they take each other while the spouse and you will spouse

Brand new petitioner prepared his choir and you will scheduled a size towards pair on the same time. He conducted the ceremony regarding presence of groom, the fresh bride to be, the moms and dads, the primary and secondary sponsors together with rest of the desired website visitors.

The fresh prosecution’s witnesses, Joseph and Mary Anne Yere, affirmed towards incidents of the ceremony. Joseph is actually the brand new veil mentor whenever you are Mary Anne was this new cable mentor in the relationship. Mary Anne testified you to definitely she watched the newest bride to be walk-down the fresh new aisle. She together with noticed the couple replace its marriage rings, hug one another, and signal a file. She heard the fresh petitioner teaching the primary sponsors to signal the wedding bargain. Afterwards, they decided to go to brand new lobby, had food and you will took photos. She saw new petitioner indeed there. She as well as understood the wedding invitation provided to her because of the Joey.

Florida Umadac, the mother out-of Joey, Memphis best hookup sites testified one to she read the couple claim inside ceremony one to it get each other due to the fact couple. Months after the marriage, she decided to go to this new civil local municipal registrar away from San Nicolas, Ilocos Norte with Atty. Mariano Roentgen. Nalupta Jr. where she gotten a certification you to zero relationships license is provided towards the partners.

The fresh petitioner, when you are admitting that he presented a ceremony, declined one to their act out of blessing the couple try tantamount in order to a good solemnization of one’s relationship as considered by law.

ISSUE: Obtained brand new petitioner is accountable for breaking Post 352 of your Revised Penal Code (RPC) for allegedly starting an unlawful marriage service.

RATIO: Petitioner held an unlawful wedding party. The new offense once the sent to for the Art 352 of RPC is the efficiency off ily Code which checks out:

(3) A married relationship ceremony which will take place on look of the new hiring activities till the solemnizing manager in addition to their personal statement that it capture one another due to the fact husband and wife regarding presence away from for around several witnesses away from judge years.

Art. six. Zero recommended form or spiritual rite into solemnization of marriage is required. Which report are going to be included in the relationship certificate and therefore will end up being signed from the contracting parties as well as their witnesses and you can attested of the solemnizing administrator.

The new Ultimate Legal said one just what made the newest petitioner’s operate a beneficial wedding service and not just only blessing try you to definitely when you’re there’s absolutely no prescribed mode or spiritual rite, all of that is requisite try “for the employing functions to look directly before solemnizing administrator and you may declare throughout the visibility off not less than several witnesses away from legal ages that they take each other once the partner and partner.”

About what first requirement, new petitioner acknowledge the activities appeared just before him and therefore reality try testified so you can because of the witnesses. To the next criteria, we discover you to, up against the petitioner’s allegation, the prosecution has proven, from testimony of witnesses, that the contracting parties physically stated which they need each other as couple. Thus, it’s clear you to definitely petitioner conducted a married relationship ceremony rather than a mere true blessing.

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