CHÀO MỪNG BẠN ĐẾN VỚI THẠCH CAO HOÀNG CƯỜNG
FACTS: Rosa Catholic Parish Chapel from San Nicolas, Ilocos Norte. not, at the time of your relationships, the fresh new heading officiating priest, Fr. Mario Ragaza, would not solemnize the wedding through to training that the pair unsuccessful in order to safer a married relationship license. Since the a good recourse, Joey, who was simply after that dressed in barong tagalong, and you will Claire, clothed for the a wedding gown, together with their mothers, sponsors and you may site visitors, continued with the Separate Church out of Filipino Christians, labeled as new Aglipayan Chapel. It asked the latest petitioner, an Aglipayan priest, to perform a service that the latter conformed despite having been informed because of the few they had no relationships certificate.
Brand new petitioner waiting his choir and you will booked a size into the pair on the same date. He held the service about presence of bridegroom, the new fiance, its moms and dads, the main and you may additional sponsors together with rest of its anticipate website visitors.
The newest prosecution’s witnesses, Joseph and you may Mary Anne Yere, affirmed for the situations of the ceremony. Joseph is this new veil sponsor when you’re Mary Anne was the latest wire recruit regarding the marriage. Mary Anne testified you to she saw this new bride to be walk-down the newest section. She along with watched the happy couple exchange their marriage rings, kiss one another, and indication a document. She heard new petitioner teaching the main sponsors to indication the marriage bargain. Thereafter, it visited the brand new lobby, got food and you can grabbed images. She saw the petitioner here. She together with recognized the marriage invitation given to her from the Joey.
Florida Umadac, mom off Joey, testified one she heard the couple claim from inside the service that it Lubbock hookup tips simply take each other since the husband and wife. Weeks pursuing the matrimony, she went along to the latest civil local civil registrar regarding San Nicolas, Ilocos Norte having Atty. Mariano Roentgen. Nalupta Jr. where she was given a certification that no relationship permit is approved into the pair.
The fresh new petitioner, while you are admitting he conducted a ceremony, refuted that their operate away from blessing the couple try tantamount in order to a great solemnization of one’s marriage as the contemplated legally.
ISSUE: Acquired brand new petitioner is guilty of violating Post 352 of Modified Penal Code (RPC) to possess presumably undertaking an unlawful wedding ceremony.
RATIO: Petitioner held an unlawful wedding. This new crime due to the fact delivered to in the Ways 352 of the RPC refers to the abilities out of ily Password which reads:
(3) A married relationship service which will take set towards the appearance of the fresh hiring functions up until the solemnizing officer in addition to their personal declaration one to it capture one another because couple on the presence from no less than a couple witnesses away from legal decades.
Art. 6. No given mode or spiritual rite towards the solemnization of relationships is needed. Which declaration should be included in the relationships certification hence should become signed by employing events as well as their witnesses and attested because of the solemnizing administrator.
The Ultimate Legal said one to just what made the newest petitioner’s operate an excellent wedding and not soleley only blessing try one to while you are there is absolutely no given mode or religious rite, all that is expected try “into the employing activities to appear physically through to the solemnizing officer and claim on exposure of not less than one or two witnesses regarding legal many years which they need each other as the spouse and you can wife.”
To what first requirement, the newest petitioner accepted that events checked prior to him which facts is actually affirmed to help you of the witnesses. To the 2nd specifications, we discover one, resistant to the petitioner’s allegation, the latest prosecution has proven, through the testimony of witnesses, your employing people privately announced that they capture both due to the fact couple. Therefore, it is clear one to petitioner used a marriage ceremony and not only true blessing.