My cousin partnered his first spouse in Saudi Arabia sometime in 2001. During their getaway, in identical year, he partnered another woman inside the Philippines. He’s got come a Muslim change since 1995. The rites both in marriages happened to be on the basis of the religions of their wives, who’re both non-Muslim. May the guy become prosecuted for bigamy therefore?
The case of Atilano O. Nollora Jr. versus. Folks of the Philippines (G.R. No. 191425, September 7, 2011) and Article 349 of this Revised Penal Code plainly define the weather with the crime of bigamy:
“1. That offender was legally married.
2. that marriage hasn’t been legally mixed or, whenever his / her partner is actually absent, the absent spouse cannot yet getting presumed dead want Baptist dating reviews according to the Civil Code.
3. which he contracts a second or subsequent wedding.
4. That the 2nd or consequent matrimony has actually all essential requisites for legitimacy.”
In this case , written by Associate Justice Antonio Carpio, the Muslim convert had been adjudged accountable for the crime of bigamy because:
“Article 13(2) regarding the Code of Muslim individual Laws states that [i]n case of a married relationship between a Muslim and a non-Muslim, solemnized perhaps not prior to Muslim law or this laws, the [families laws associated with the Philippines, or administrator Order 209, in lieu of the Civil rule associated with Philippines] shall pertain. Nollora’s spiritual association is not a concern right here. Neither is the claim that Nollora’s marriages were solemnized based on Muslim law. Therefore, irrespective of his professed faith, Nollora cannot declare exemption from accountability for any crime of bigamy.” [Emphasis provided]
Taking into account that Supreme legal affirmed the demo court’s choice on situation, the latter’s knowledge within its choice was cited below to suit your information:
“The principle in Islam is the fact that monogamy is the general guideline and polygamy is enabled only to fulfill urgent requirements. Just with the permission of this court can a Muslim getting allowed having a second wife susceptible to specific requirements. For the reason that having plurality of wives is simply tolerated, perhaps not urged, under particular situation (Muslim rules on individual Status in Philippines by Amer M. Bara-acal and Abdulmajid J. Astir, 1998 1st model, content 64-65). Arbitration is necessary. Any Muslim spouse desiring to offer consequent marriages, before very creating, shall tell the Sharia routine courtroom in the place where his group stays. The clerk of courtroom shall provide a copy thereof into the partner or wives. Should them objects [sic]; an Agama Arbitration Council will be constituted. If mentioned council fails to lock in the wife’s permission for the proposed marriage, the courtroom shall, subject to post 27, choose whether on [sic] to not ever maintain this lady objection (Art. 162, Muslim individual statutes of Philippines).
Implicated Atilano Nollora Jr., in marrying their second spouse, co-accused Rowena P. Geraldino, did not follow the above-mentioned supply in the law.
Indeed, the guy didn’t even declare he got a Muslim change in both marriages, showing their criminal intention. In his converting with the Muslim belief, mentioned accused captivated the mistaken belief which he can simply wed anybody again after marrying the exclusive complainant. Understanding clear, consequently, is [that] a Muslim just isn’t considering an unbridled right to just get married anyone another, 3rd or 4th opportunity. You can find demands that Sharia rules imposes, definitely, the guy needs informed the Sharia judge where his family resides with the intention that duplicate of mentioned find need provided toward earliest partner. The discussion that see to your first partner isn’t needed since the woman is maybe not a Muslim is of no minute. This responsibility to inform the stated courtroom rests upon accused Atilano Nollora Jr. It is really not for your to interpret the Sharia law. Simple Fact Is That Sharia Legal which has had this expert.” [Emphasis furnished, citations omitted.]
Verily, the cousin’s just getting a Muslim convert shall not entitle him to wed most spouses as he can. He needs to conform to the above-requirements of law, initial. Above all, since the guy couldn’t wed either of his two spouses in the appropriate Muslim routine, the prevailing Civil Law from the issue enforce in his case. Their relationships is considered unlawful and bigamous. He may aptly getting prosecuted when it comes to criminal activity of bigamy.
Again, we find they important to discuss this particular advice try exclusively in line with the realities you may have narrated and our very own appreciation of the same. The viewpoint can vary after facts are changed or elaborated.
We hope that people could illuminate you regarding the thing.
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