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Vilar Vs Paraiso

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Requisites for a Valid Marriage- Formal Requisite

PEDRO V. VILAR, petitioner-appellant, vs. GAUDENCIO V. PARAISO, respondent-


appellant.
G.R. No. L-8014 March 14, 1955
Registration as a minister with regard to the authority to solemnized marriages is important
since the registration of which is made by the law mandatory.

BAUTISTA ANGELO, J.:

FACTS:
Pedro V. Vilar and Gaudencio V. Paraiso were among the candidates registered and
voted for the office of mayor. Paraiso won as mayor. Vilar contended that Paraiso was
ineligible to hold office as mayor because he was then a minister of the United Church of
Christ in the Philippines and such was disqualified to be a candidate under section 2175 of
the Revised Administrative Code, he then instituted the present quo warranto proceedings
praying that Paraiso be declared ineligible to assume office and that his proclamation as
mayor-elect be declared null and void. Paraiso, in his answer, denied his ineligibility and
claimed that he resigned as minister of the United Church of Christ in the Philippines on
August 21, 1951.

Vilar showed that Paraiso was ordained as minister of the Evangelical Church of the
Philippines in 1944 and as such was given license to solemnize marriages by the Bureau of
Public Libraries; that on April 7, 1951, respondent applied for, and was issued, a license to
solemnize marriages by the Bureau of Public Libraries as minister of the new church up to
the end of April, 1952; and that said license has never been cancelled, as neither the head of
the united church nor respondent has requested for its cancellation.

The evidence for the respondent, on the other hand, tends to show that while he was
formerly a minister of the United of Christ in the Philippines, he, however, filed his
resignation as such minister on August 21, 1951, because of his desire to engage in politics;
that said resignation was accepted by the cabinet of his church at a special meeting held in
Polo, Bulacan on August 27, 1951; that respondent turned over his chapel and his office to
the elder members of his religious order on August 21, 1951, and since then he considered
himself separated from his order and in fact he has refrained ever since from conducting
any religious services pertaining to that order.

ISSUE:
Being an ecclesiastic, is Paraiso ineligible to hold office under section 2175 of the
Revised Administrative Code?

RULING:
Yes, Paraiso never ceased as minister of the order to which he belonged and that the
resignation he claims to have filed months before the date of the elections is but a mere
scheme to circumvent the prohibition of the law regarding ecclesiastics who desire to run
for a municipal office.
If Paraiso really and sincerely intended to resign as minister of the religious
organization to which he belonged for the purpose of launching his candidacy, why did he
not resign in due form and have the acceptance of his resignation registered with the
Bureau of Public Libraries.

The importance of resignation cannot be underestimated. The purpose of


registration is two-fold: to inform the public not only of the authority of the minister to
discharge religious functions, but equally to keep it informed of any change in his religious
status. This information is necessary for the protection of the public. This is specially so with
regard to the authority to solemnized marriages, the registration of which is made by the
law mandatory (Articles 92-96, new Civil Code).

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