Joey Umadac and you may Claire Bingayen were scheduled in order to on Sta

| September 26, 2022 | 0 Comments

Joey Umadac and you may Claire Bingayen were scheduled in order to on Sta

RONULO Versus. People

FACTS: Rosa Catholic Parish Church away from San Nicolas, Ilocos Norte. Although not, on the day of wedding, the fresh heading officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage through to training the pair were not successful so you’re able to secure a married relationship permit. As an effective recourse, Joey, who had been next sporting barong tagalong, and you can Claire, clothed from inside the a married relationship outfit, along with their parents, sponsors and you may tourist, proceeded to the Separate Chapel out-of Filipino Christians, labeled as the newest Aglipayan Church. It asked the new petitioner, a keen Aglipayan priest, to execute a ceremony that the latter decided despite been informed because of the partners that they had no relationship certificate.

It can be requisite, not, on the employing activities to appear directly through to the solemnizing officer and you will declare on the visibility from not less than a few witnesses out of court many years which they capture one another because spouse and spouse

The latest petitioner waiting his choir and arranged a size on the partners on a single go out. The guy presented the fresh new ceremony regarding visibility of one’s bridegroom, new bride to be, its parents, the main and you will secondary sponsors therefore the remainder of its invited travelers.

The latest prosecution’s witnesses, Joseph and you may Mary Anne Yere, affirmed with the occurrences of your own ceremony. Joseph was this new veil mentor if you find yourself Mary Anne are the wire recruit regarding the relationship. Mary Anne testified one she saw the brand new fiance walk-down the aisle. She in addition to watched the happy couple change its wedding rings, kiss one another, and sign a file. She heard the petitioner instructing the principal sponsors so you can sign the brand new marriage offer. After that, it decided to go to the reception, got lunch and you will took photographs. She spotted the petitioner truth be told there. She along with understood the wedding invitation given to the woman by Joey.

Fl Umadac, the mother out-of Joey, affirmed you to she heard the happy couple declare into the service that they just take one another just like the husband and wife. Days following the marriage, she visited the fresh new municipal regional civil registrar from San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. in which she obtained a certification you to no wedding license was given to your couple.

The petitioner, if you are admitting which he held a service, denied one his act from blessing the happy couple try tantamount so you can a great solemnization of one’s matrimony due to the fact considered for legal reasons.

ISSUE: Acquired the fresh new petitioner is responsible for breaking Blog post 352 of Changed Penal Code (RPC) to possess presumably undertaking an unlawful wedding party.

RATIO: Petitioner held an unlawful marriage ceremony. The fresh offense because provided for from inside the Artwork how to hookup in Tucson 352 of one’s RPC refers to the show away from ily Code hence reads:

(3) A marriage ceremony which takes place into look of the brand new employing people till the solemnizing administrator as well as their individual declaration one to they simply take both once the husband and wife about exposure away from no less than several witnesses off legal ages.

Art. six. Zero prescribed means otherwise religious rite to your solemnization of your marriage needs. This report is included in the wedding certificate hence will feel closed from the hiring events as well as their witnesses and you may attested from the solemnizing administrator.

The Ultimate Legal told me you to definitely exactly what produced the fresh new petitioner’s act a good wedding ceremony and not only a mere blessing are one when you are there is no recommended mode otherwise spiritual rite, all of that is required was “for the contracting functions to seem personally through to the solemnizing administrator and you will declare about presence regarding no less than two witnesses away from judge decades which they just take both just like the spouse and spouse.”

As to the basic requirements, the newest petitioner admitted that the parties checked in advance of him which reality are affirmed so you’re able to by witnesses. Towards next requisite, we discover you to definitely, from the petitioner’s allegation, this new prosecution has proven, from testimony from witnesses, the contracting people individually declared that they take one another as husband and wife. Therefore, it is clear you to definitely petitioner conducted a wedding service and not a mere true blessing.

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