Joey Umadac and you will Claire Bingayen have been booked so you’re able to at the Sta

RONULO Against. Individuals

FACTS: Rosa Catholic Parish Church regarding San Nicolas, Ilocos Norte. But not, at the time of marriage, this new heading officiating priest, Fr. Mario Ragaza, would not solemnize the marriage upon reading that couple unsuccessful in order to safe a wedding permit. Just like the a beneficial recourse, Joey, who had been next using barong tagalong, and you will Claire, clad in the a married relationship gown, along with their mothers, sponsors and you can visitors, continued to the Separate Chapel away from Filipino Christians, known as the Aglipayan Chapel. It questioned brand new petitioner, a keen Aglipayan priest, to perform a ceremony to which the latter conformed despite been informed by the partners they’d zero wedding certificate.

The latest petitioner waiting his choir and you can booked a mass on couples for a passing fancy date. The guy held this new ceremony regarding exposure of the groom, the newest fiance, their parents, the principal and you will second sponsors therefore the remainder of their anticipate customers.

The latest prosecution’s witnesses, Joseph and you can Mary Anne Yere, testified on the events of service. Joseph is actually the latest veil mentor if you are Mary Anne is the newest cord recruit throughout the relationships. Mary Anne affirmed you to she noticed the brand new bride walk down new section. She in addition to noticed the happy couple exchange its wedding rings, kiss each other, and you can signal a document. She read the fresh new petitioner training the principal sponsors so you can sign new matrimony package. Thereafter, they visited the reception, got dinner and you will got images. She saw this new petitioner here. She in addition to recognized the wedding invite supplied to the girl by Joey.

Fl Umadac, the mother out of Joey, affirmed that she read the couple claim inside the ceremony you to they take each other due to the fact couple. Mariano Roentgen. Nalupta Jr. where she got a certificate you to no wedding permit is actually issued into the couple.

The new petitioner, while you are admitting that he held a ceremony, declined that his operate regarding true blessing the happy couple try tantamount so you’re able to a good solemnization of one’s relationship as considered by law.

ISSUE: Obtained brand new petitioner try accountable for violating Post 352 of the Changed Penal Code (RPC) to own allegedly doing an unlawful wedding.

Weeks adopting the marriage, she decided to go to the newest civil regional civil registrar regarding San Nicolas, Ilocos Norte that have Atty

RATIO: Petitioner held an unlawful marriage service. The brand new crime as the taken to in Art 352 of one’s RPC refers to the performance regarding ily Password and therefore reads:

(3) A marriage ceremony which takes lay to your appearance of the fresh hiring functions through to the solemnizing administrator as well as their individual declaration one it bring one another as wife and husband from the presence regarding for around one or two witnesses regarding legal many years.

Ways. 6. No given mode or religious rite to your solemnization free bbw online dating France of your relationship needs. They is going to be necessary, although not, into contracting parties to seem physically before the solemnizing administrator and declare regarding exposure regarding for around a few witnesses regarding courtroom ages that they take each other given that husband and you will partner. That it statement shall be included in the wedding certification and that will getting signed by the contracting functions in addition to their witnesses and you can attested by solemnizing officer.

The new Supreme Court told me one to exactly what generated the fresh petitioner’s act a great marriage service and not just only true blessing try you to definitely when you’re there is no recommended mode otherwise religious rite, all that try expected is “with the hiring functions to look in person before the solemnizing manager and you will state regarding visibility off for around several witnesses away from legal many years which they bring one another since the spouse and you may partner.”

As to the very first criteria, this new petitioner admitted that functions checked ahead of him and therefore reality try affirmed so you can because of the witnesses. Toward next requisite, we find you to, up against the petitioner’s allegation, the fresh prosecution seems, from testimony out-of witnesses, that the employing people truly proclaimed that they need each other while the couple. Ergo, it is clear you to petitioner conducted a married relationship service and not a mere true blessing.