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Joey Umadac and you can Claire Bingayen were planned so you can from the Sta

  • By: Richard F. Hussey
  • Published: September 23, 2022

Joey Umadac and you can Claire Bingayen were planned so you can from the Sta

RONULO Against. Anybody

FACTS: Rosa Catholic Parish Church out of San Nicolas, Ilocos Norte. However, at the time of the matrimony, new supposed officiating priest, Fr. Mario Ragaza, would not solemnize the marriage abreast of understanding your few hit a brick wall so you’re able to secure a wedding permit. While the an effective recourse, Joey, who had been after that dressed in barong tagalong, and you may Claire, clad in a wedding dress, together with their moms and dads, sponsors and you may site visitors, proceeded into the Independent Chapel out of Filipino Christians, known as the fresh new Aglipayan Church. It requested the brand new petitioner, a keen Aglipayan priest, to execute a service to which aforementioned arranged even with already been told from the couples they’d no relationship certificate.

It are requisite, however, toward hiring functions to seem physically until the solemnizing officer and claim regarding exposure out of no less than a couple witnesses regarding legal ages which they grab each other just like the partner and you can partner

The latest petitioner waiting their choir and you will scheduled a size towards the partners on a single time. The guy conducted the fresh service on the visibility of your own groom, new fiance, its moms and dads, the main and you may supplementary sponsors together with remainder of its welcome subscribers.

The prosecution’s witnesses, Joseph and Mary Anne Yere, testified for the situations of your own ceremony. Joseph try the veil recruit when you find yourself Mary Anne is actually this new wire sponsor throughout the wedding. Mary Anne testified you to she watched the fresh fiance walk down the fresh new section. She as well as spotted the couple replace its wedding rings, hug one another, and you may indication a document. She read the newest petitioner teaching the main sponsors in order to sign the fresh new matrimony deal. Afterwards, they went along to the fresh lobby, got supper and got pictures. She noticed brand new petitioner here. She plus identified the marriage invitation given to this lady because of the Joey.

Fl Umadac, mom out of Joey, affirmed one to she heard the couple state in service you to it just take one another as husband and wife. Weeks pursuing the relationship, she went along to the latest municipal regional civil registrar off San Nicolas, Ilocos Norte having Atty. Mariano R. Nalupta Jr. in which she gotten a certification one to zero relationships license is actually given on couples.

Brand new petitioner, while you are admitting he presented a ceremony, declined you to his act out of true blessing the happy couple was tantamount to help you good solemnization of relationship given that contemplated by-law.

ISSUE: Acquired this new petitioner are responsible for breaking Post 352 of one’s Modified Penal Password (RPC) having allegedly carrying out an illegal wedding.

RATIO: Petitioner conducted an illegal marriage ceremony. Brand new crime while the sent to inside Ways 352 of your RPC is the show regarding ily Code and that checks out:

(3) A marriage service which will take lay with the look of this new contracting activities through to the solemnizing manager as well as their personal declaration that they bring one another as husband and wife on exposure out of not less than a couple of witnesses out-of legal decades.

Ways. six. No recommended function or religious rite into solemnization of the matrimony required. So it report are going to be included in the wedding certification and this shall end up being signed because of the employing people and their witnesses and attested by the solemnizing manager.

The latest Supreme Courtroom said one to what made the newest petitioner’s operate a good marriage ceremony and not only just blessing is you to if you’re there isn’t any recommended function otherwise religious rite, all of that is called for try “into the employing parties to seem myself before the solemnizing administrator and claim about exposure out-of not less than a couple of witnesses from legal ages that they take one another because partner and you can partner.”

As to the basic needs, brand new petitioner accepted that the parties seemed in advance of your and therefore facts is affirmed in order to of the witnesses. Into the second needs, we find you to definitely, against the petitioner’s allegation, the brand new prosecution Greensboro hookup apps seems, from testimony out-of witnesses, your employing parties personally declared which they capture one another given that husband and wife. Thus, it’s obvious you to petitioner conducted a married relationship ceremony and not just true blessing.

Richard Hussey

Richard F. Hussey has been licensed to practice law since 1982.
He maintains admission to the California State Bar, Florida Bar,
and the Federal District Courts for the Southern Districts of
Florida and California. Read More