036 People vs.

Janssen RULING: By virtue whereof, the appealed judgment is reversed, and the
Ponente: J. Villa-real | G.R. No. L-31763 | December 27, 1929| Topic
Doctrine:
FACTS:
 Cerdena and Del Rosario appeared before Reverend Father
Janssen, a Catholic parish priest of the municipality of San Jose,
Antique, to have their names inscribed in the marriage registry
 Since the classes will open on January 7, 1929, the contracting
parties asked Fr. Janssen to marry them before that date.
o Their request was granted as per the dispensation granted
to them by the Bishop of Jaro. The authority to solemnize
marriage was also issued by the Municipal Secretary.
 Section 2 of Act No. 3412 however provides that a notice setting
forth the full names and domiciles of the applicants for marriage
license shall be posted in a conspicuous place in the city hall or
municipal court of Manila.
o The same law however provides that in case the applicant
states in writing and under oath that the rules and
practices of the church, sect, or religion under which such
applicant desires to contract marriage require banns or
publications prior to the solemnization of the marriage, it
shall not be necessary for the municipal secretary to make
the publication
 The only doubt therefore is whether said proclamation must be
made during ten days, as in the publication in case the marriage is
not celebrated in a church.
o The first proclamation was made December 30, 1928, the
second proclamation on 1st of January, 1929 while the
marriage was solemnized on January 6, 1929 (less than 10
days)
defendant is absolved from the information, with costs de oficio. So
ordered
RATIO:
1. The law simply says that if the marriage takes place in a church
whose rules and practices require proclamation, the license
applied for shall at once be issued, and it does not say that the
proclamation required by said church is to be made during ten
days.
 As section 2 of Act No. 3412 is penal in character, it should be
strictly construed.
 As to the opinion of the Trial Court that Fr. Janssen should
investigate whether the license was issued by an official duly
authorized by law where the woman resides, the Court ruled that
the law does not impose this duty upon priest or ministers of
religion.
 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

ISSUE:
1. W/N the marriage is valid-YES

HELD: YES since the law is silent as to the number of days the
proclamation must be made before marriage