FACTS: Rosa Catholic Parish Church away from San Nicolas, Ilocos Norte. not, on the day of the wedding, the fresh supposed officiating priest, Fr. Mario Ragaza, would not solemnize the wedding through to studying that the partners hit a brick wall to help you safe a married relationship licenses. Just like the a beneficial recourse, Joey, who had been up coming putting on barong tagalong, and you may Claire, clad in the a marriage gown, along with their mothers, sponsors and you can customers, proceeded with the Independent Church out of Filipino Christians, labeled as the brand new Aglipayan Chapel. It asked the latest petitioner, an Aglipayan priest, to perform a ceremony to which the second assented despite having already been informed of the couples that they had zero matrimony certification.
The latest petitioner wishing his choir and you will arranged a bulk with the few on the same date. He used the brand new service on exposure of groom, the new bride-to-be, their moms and dads, the main and supplementary sponsors and also the rest of the enjoy tourist.
The prosecution’s witnesses, Joseph and you will Mary Anne Yere, affirmed on the incidents of your own service. Joseph try the fresh new veil sponsor if you are Mary Anne try the brand new cable sponsor regarding relationships. Mary Anne testified one she saw brand new fiance walk-down the fresh new aisle. She also saw the couple replace their marriage rings, hug both, and you will sign a document. She read brand new petitioner instructing the primary sponsors to signal this new relationship price. Thereafter, it went to new reception, had dinner and you can grabbed photo. She saw new petitioner indeed there. She also known the marriage invitation given to the lady because of the Joey.
Florida Umadac, the caretaker regarding Joey, testified you to definitely she read the happy couple declare in service one to it simply take both while the couple. Mariano Roentgen. Nalupta Jr. in which she received a certificate one zero relationships permit is granted on the couples.
This new petitioner, while admitting which he conducted a service, refused one to his work out-of blessing the happy couple try tantamount to help you an excellent solemnization of wedding because the considered for legal reasons.
ISSUE: Obtained this new petitioner are responsible for violating Article 352 of your own Modified Penal Code (RPC) to possess allegedly doing an unlawful marriage service.
RATIO: Petitioner used an illegal marriage service. The newest offense as the taken to in the Artwork 352 of your own Omaha local hookup websites RPC refers to the show regarding ily Password and therefore reads:
(3) A wedding service which takes lay on look of the fresh employing events through to the solemnizing administrator as well as their private statement you to definitely they simply take one another since the husband and wife on presence out of for around a couple of witnesses out of legal age.
Ways. 6. No recommended means or spiritual rite into the solemnization of your own wedding is required. They would be expected, not, for the hiring activities to seem in person before solemnizing administrator and you can claim on the presence of no less than several witnesses of judge ages that they capture both because partner and you will wife. This declaration is included in the matrimony certificate which shall end up being closed of the contracting functions as well as their witnesses and you may attested from the solemnizing manager.
The new Ultimate Courtroom explained one to what produced the new petitioner’s operate an excellent wedding and not just blessing is one to if you’re there isn’t any recommended form or spiritual rite, all that are needed is “towards the contracting functions to appear truly up until the solemnizing officer and you can declare about visibility of not less than a couple witnesses from court many years which they take both as husband and wife.”
As to what earliest requirements, the petitioner acknowledge the people checked before him which reality is actually affirmed to help you from the witnesses. Into 2nd requirements, we find one to, from the petitioner’s allegation, the new prosecution has proven, through the testimony out-of witnesses, the employing functions privately stated that they take one another while the husband and wife. Ergo, it’s obvious that petitioner presented a marriage ceremony rather than just true blessing.