GR
182438
July 02, 2014
Facts:
The officiating priest refused to
solemnize marriage between Joey Umadac and Claire Bingayen, on the day of their
marriage learning that they failed to secure a marriage license. The couple
went then to an Independent Church of Filipino Christians, aka Aglipayan church
where an Aglipayan priest agreed to solemnize marriage despite having been
informed that they had no marriage cert. After that event, the priest was
served an information for violating Art 352 of the RPC for allegedly performing
an illegal marriage ceremony. All lower courts found him guilty using Act 3613
or Marriage law to rule the case and imposed upon him a fine of P200.00.
Issue:
W/N he is guilty
Held:
Yes. Art 6 of the Family Code
provides for the minimum standards in determining whether marriage ceremony had
been conducted. Undoubtedly, petitioner conducted the marriage ceremony despite
knowledge that the essential and formal requirements of marriage set by law
were lacking. The marriage ceremony therefore is illegal. The petitioner’s
knowledge of the absence of these requirements negates defense of good faith.
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