People vs Jansenn

G.R. No. L-31763 December 27, 1929

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
vs.
H. JANSSEN, defendant-appellant.

FACTS :

On December 26, 1928, Pedro N. Cerdeña and Juana S. del Rosario appeared before Father H. Jansenn to have their name inscribed in the marriage registry, which was done. On December 30, 1928, the banns were published in his parish in San Jose, Antique.

As the classes opened on January 7, 1929, the contracting parties asked the defendant-appellant to marry them before the date. Upon petition of the defendant-appellant, the Bishop of Jaro issued a dispensation of the marriage with the understanding that no obstacle has been discovered in the investigation made or to be made of the status and liberty of the contracting parties, Pedro N. Cerdeña and Juana S. del Rosario.

On January 4, 1929, the municipal secretary of San Jose, Antique, issued an authority to solemnize marriage of Pedro N. Cerdeña and Juana S. del Rosario.

By virtue of the above-quoted dispensation, and in view of said authority of the municipal secretary of San Jose, Antique, the defendant-appellant on January 6, 1929, solemnized the marriage of Pedro N. Cerdeña to Juana S. del Rosario.

ISSUE :

Whether or not the defendant-appellant violated section 2 of Act No. 3412

HELD / RULING :

The law does not impose upon priest or ministers of religion to investigate whether the license was issued by an official duly authorized by law, that is, by the municipal secretary of the municipality where the woman habitually resides. It is sufficient to know that the license has been issued by a competent official, and it may be presumed from the issuance of said license that said official has complied with his duty of ascertaining whether the woman who desires to get married resides habitually in his municipality.

Wherefore, we are of opinion and so hold, that when a marriage is solemnized by a church, sect, or religion whose rules and practices require proclamation or publicity, it is not necessary that said proclamation be made during ten days, unless said rules or practices so require.

The appealed judgment is reversed, and the defendant is absolved from the information, with costs de oficio.