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Joey Umadac and you will Claire Bingayen was in fact scheduled in order to on Sta

Joey Umadac and you will Claire Bingayen was in fact scheduled in order to on Sta

RONULO Versus. Some one

FACTS: Rosa Catholic Parish Chapel of San Nicolas, Ilocos Norte. Although not, at the time of your relationships, the latest heading officiating priest, Fr. Mario Ragaza, would not solemnize the marriage up on reading that the partners were unsuccessful so you’re able to safer a married relationship license. Because the a great recourse, Joey, who was next wearing barong tagalong, and you may Claire, clothed in a wedding dress, along with their parents, sponsors and you may customers, proceeded with the Independent Church off Filipino Christians, labeled as the latest Aglipayan Chapel. They asked brand new petitioner, an enthusiastic Aglipayan priest, to do a service that the second assented despite been advised by the few they’d no matrimony certificate.

It is going to be called for, although not, toward contracting events to seem in person until the solemnizing officer and you may claim throughout the presence of no less than a couple witnesses from judge age that they just take each other because the spouse and partner

New petitioner wishing his choir and arranged a mass on the pair for a passing fancy go out. He held brand new ceremony throughout the exposure of your own groom, the fresh bride, its moms and dads, the primary and you will secondary sponsors therefore the rest of their allowed travelers.

The newest prosecution’s witnesses, Joseph and you can Mary Anne Yere, affirmed toward occurrences of your own service. Joseph is this new veil mentor when you find Norwich hookup yourself Mary Anne is actually new wire mentor in the relationship. Mary Anne affirmed you to she spotted the fresh new bride-to-be walk down the latest aisle. She and saw the happy couple exchange its marriage rings, hug both, and you can sign a file. She heard the brand new petitioner teaching the primary sponsors so you’re able to indication this new wedding price. Afterwards, they visited this new reception, had food and you will got photos. She noticed the new petitioner indeed there. She along with known the wedding invite given to their by the Joey.

Fl Umadac, mom of Joey, affirmed one to she heard the couple declare when you look at the ceremony one it need both due to the fact couple. Days after the relationship, she visited the municipal regional civil registrar out-of San Nicolas, Ilocos Norte that have Atty. Mariano Roentgen. Nalupta Jr. in which she obtained a certification that no matrimony license is awarded to your partners.

The brand new petitioner, if you’re admitting he used a ceremony, refused you to definitely his act of true blessing the happy couple are tantamount in order to good solemnization of your matrimony because the contemplated legally.

ISSUE: Obtained the fresh petitioner is actually accountable for breaking Article 352 of your Modified Penal Code (RPC) to possess presumably doing an illegal wedding.

RATIO: Petitioner held an unlawful wedding service. The fresh new offense once the taken to into the Ways 352 of one’s RPC refers to the show out of ily Password and this reads:

(3) A marriage service that takes set towards the appearance of the latest contracting functions up until the solemnizing administrator as well as their personal report one they just take one another as wife and husband in the exposure out-of not less than a few witnesses out-of judge years.

Artwork. six. No given means otherwise religious rite towards the solemnization of marriage is necessary. It statement would be within the matrimony certification and that will be closed from the hiring functions in addition to their witnesses and you may attested by the solemnizing administrator.

Brand new Ultimate Judge informed me you to definitely exactly what made the petitioner’s work an excellent marriage service and not only true blessing are one when you are there isn’t any recommended function or spiritual rite, all that is actually expected try “with the hiring functions to appear privately through to the solemnizing manager and you can claim on presence away from not less than one or two witnesses off legal age which they bring each other since partner and you may partner.”

From what first requirements, new petitioner admitted the events looked ahead of your hence truth is actually affirmed so you’re able to by witnesses. Towards the second requisite, we find you to, up against the petitioner’s allegation, the newest prosecution seems, from testimony from witnesses, that employing parties myself proclaimed that they get each other since the husband and wife. Hence, it is clear one to petitioner held a married relationship service and never just blessing.

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