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Joey Umadac and you can Claire Bingayen were arranged to help you from the Sta

Joey Umadac and you can Claire Bingayen were arranged to help you from the Sta

RONULO Compared to. People

FACTS: Rosa Catholic Parish Church regarding San Nicolas, Ilocos Norte. Yet not, on the day of the relationships, the brand new supposed officiating priest, Fr. Mario Ragaza, would not solemnize the wedding abreast of learning the couples unsuccessful in order to safe a married relationship license. As a good recourse, Joey, who was upcoming wearing barong tagalong, and you may Claire, clad inside a marriage outfit, with their mothers, sponsors and you will guests, went on with the Independent Church from Filipino Christians, also known as this new Aglipayan Church. They questioned the fresh petitioner, an Aglipayan priest, to execute a service that aforementioned consented despite having come told by pair that they had no matrimony certification.

It are going to be called for, although not, to your hiring activities to look individually through to the solemnizing administrator and you may state on presence from no less than several witnesses of court ages that they grab one another because the spouse and wife

New petitioner prepared their choir and you can arranged a bulk towards couple on a single day free hookup sites near me Tulsa. He held the new ceremony in the presence of your own bridegroom, the brand new bride to be, their moms and dads, the principal and you can second sponsors as well as the rest of the anticipate traffic.

The new prosecution’s witnesses, Joseph and Mary Anne Yere, testified toward events of your own service. Joseph was the veil recruit when you’re Mary Anne is actually this new cord mentor regarding the marriage. Mary Anne testified one to she saw this new bride to be walk down new section. She in addition to spotted the happy couple exchange their wedding rings, hug each other, and you can sign a file. She read the newest petitioner training the main sponsors in order to indication the new relationship contract. Thereafter, they went along to the newest lobby, had lunch and you can grabbed images. She spotted the fresh new petitioner truth be told there. She and identified the marriage invitation given to their of the Joey.

Florida Umadac, the mother of Joey, affirmed one to she read the happy couple state when you look at the ceremony that it grab both since the couple. Months after the wedding, she visited new municipal regional civil registrar away from San Nicolas, Ilocos Norte having Atty. Mariano Roentgen. Nalupta Jr. where she was given a certification one to zero relationships licenses try granted on the few.

New petitioner, while admitting that he conducted a ceremony, refused that their operate out-of true blessing the happy couple is actually tantamount so you can an effective solemnization of your own marriage given that considered by law.

ISSUE: Claimed the petitioner are accountable for breaking Blog post 352 of your own Revised Penal Password (RPC) to own allegedly performing an illegal marriage service.

RATIO: Petitioner presented an unlawful wedding. The new offense given that provided for in Ways 352 of your RPC refers to the show regarding ily Code and therefore reads:

(3) A wedding service that takes put on appearance of new employing activities through to the solemnizing officer in addition to their individual statement one they need each other since wife and husband regarding the visibility away from not less than a few witnesses out-of legal ages.

Artwork. six. No prescribed setting or spiritual rite into the solemnization of marriage is needed. Which statement would be included in the marriage certificate and that shall getting closed by employing events and their witnesses and attested from the solemnizing officer.

The fresh new Ultimate Legal informed me you to what made the petitioner’s act good wedding ceremony and not just only blessing try one to when you’re there’s absolutely no recommended form otherwise religious rite, all that is actually called for is “on the employing functions to appear in person till the solemnizing officer and you can claim on visibility out of no less than a couple witnesses regarding courtroom age which they simply take each other since the husband and you can girlfriend.”

To what first needs, the petitioner accepted that the people appeared prior to your hence fact is actually testified to help you because of the witnesses. Into the 2nd needs, we discover you to definitely, from the petitioner’s allegation, the fresh prosecution has proven, from testimony of witnesses, the employing people really proclaimed which they get both as wife and husband. Thus, it is clear that petitioner presented a married relationship service rather than a mere blessing.

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