Altering to Islam to marry a 2nd accomplice is bigamy, SC insurance policies

Altering to Islam to marry a 2nd accomplice is bigamy, SC insurance policies

MANILA, Philippines – Altering to Islam to marry an extra particular person on better of

MANILA, Philippines – Altering to Islam to marry an extra particular person on better of a earlier civilly married husband or spouse doesn’t spare a person from remaining billed with bigamy, the Supreme Courtroom (SC) dominated.

In a 17-web web page dedication penned by Affiliate Justice Marvic Leonen and launched on Monday, March 21, the SC acknowledged: “A celebration to a civil relationship who converts to Islam and contracts yet one more marriage, whatever the preliminary marriage’s subsistence, is accountable of bigamy.”

“Likewise responsible is the partner within the subsequent relationship. Conversion to Islam doesn’t run to exculpate them from felony obligation,” the choice further.

The SC affirmed a Courtroom of Appeals (CA) ruling in 2015, which upheld a 2012 ruling of the regional trial courtroom (RTC) convicting a specific Francis and Jacqueline of bigamy and sentencing each of them to a jail time interval of as much as six a long time.

“Additional, a married Muslim should not in a position to marry a distinct. In exceptional situations, a married Muslim particular person might accomplish that if ‘he can supply with them with equal companionship and simply process as enjoined by Islamic regulation,’” the SC reported.

However the SC pointed to Put up 13 of the Muslim Code, which states that the Civil Code of the Philippines applies to marriages in between a Muslim and a non-Muslim which ended up not solemnized in Muslim rites.

The highest rated court docket additionally modified the scale back courts’ penalties, elevating the jail phrases imposed on the pair to a best of 8 a very long time.

The story of Francis, Jacqueline, and Nerrian

Paperwork of the case current that Francis and Jacqueline have been charged with bigamy on November 20, 2006. In her criticism, Francis’ partner Nerrian claimed she and Francis had been being married beneath the non secular rites of Iglesia ni Cristo on March 26, 1988 in Panabo City, Davao del Norte, and have two youngsters.

Nerrian acknowledged that in 2005, Francis went to Tagum Metropolis in lookup of labor, however in some unspecified time in the future deserted the relations.

Nerrian then came upon that Francis skilled been dwelling with Jacqueline, and that they married on June 18, 2005, solemnized by a municipal demo courtroom resolve.

Although Francis and Jacqueline admitted that they obtained married though the previous’s marriage to Nerrian was nonetheless subsisting, they claimed that they had been being immune from bigamy as they transformed to Islam previous to having married.

However a regional trial courtroom dominated versus the brand new pair, and positioned Francis and Jacqueline responsible of bigamy previous truthful doubt on Would possibly 7, 2012.

The RTC reported that the Muslim Code didn’t govern the scenario of Nerrian, Francis, and Jacqueline – since Nerrian shouldn’t be a Muslim. The court docket docket additionally denied Jacqueline and Francis’ movement for reconsideration, prompting them to raise the scenario to the CA.

Proceed to, the CA affirmed the decreased court docket’s choice on April 24, 2015, protecting that every one issues of bigamy had been being current. The CA held that till the initially marriage was dissolved and finalized beneath the Civil Code, any social gathering’s subsequent relationship makes them accountable for bigamy.

Then, as Francis and Jacqueline submitted their petition with the SC, they insisted they’ve been Muslims married lower than Muslim regulation on June 5, 2005, presenting their certificates of conversion and relationship anew. Additionally they married previous to a demo courtroom choose on June 18, 2005, however acknowledged that this was merely ceremonial.

Francis and Jacqueline additionally argued that Write-up 3 of the Muslim Code gives that when there’s battle regarding Muslim laws and primary regulation, Muslim laws prevails.

However the SC pointed to Report 13 of the Muslim Code, which states that the Civil Code of the Philippines applies to marriages involving a Muslim and a non-Muslim.

“There is no such thing as a battle with widespread regulation on this article. The character, penalties, and incidents of petitioner Francis’ prior and admittedly subsisting relationship to Nerrian proceed being very well-inside the ambit of the Civil Code, and its counterpart penal provisions within the Revised Penal Code,” the SC talked about.

The SC claimed that, whether or not Francis transformed to Islam forward of or proper after his marriage with Jacqueline, their subsequent relationship even now consummated the felony offense of bigamy.

“He are unable to successfully invoke the exculpatory clause in Put up 180 [of the Muslim Code], contemplating that the Muslim Code finds no software in his then subsisting relationship with Nerrian, the connection acknowledged by laws that bars and penalizes a subsequent relationship,” the SC acknowledged.

The ruling is probably the most present SC conclusion on marriage and family members points. Different notable conclusions comprise the SC’s upholding of its conclusion to junk a exact-sex marriage petition in 2020. In 2021, the Courtroom docket granted a toddler’s petition to bear his mom’s surname, ruling that the Civil Code didn’t say {that a} father’s surname should utterly be utilized by younger youngsters. – Rappler.com