Wednesday, September 14, 2011

Bigamy; Civil and Muslim laws discussed. - G.R. No. 191425

G.R. No. 191425

"x x x.



The Issue
The issue in this case is whether Nollora is guilty beyond reasonable doubt of the crime of bigamy.

The Court’s Ruling

Nollora’s petition has no merit. We affirm the rulings of the appellate court and of the trial court.

Elements of Bigamy

Article 349 of the Revised Penal Code provides:

Art. 349. Bigamy. ‒ The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

The elements of the crime of bigamy are:

1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed deadaccording to the Civil Code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential requisites for validity.13

The circumstances in the present case satisfy all the elements of bigamy. (1) Nollora is legally married to Pinat;14 (2) Nollora and Pinat’smarriage has not been legally dissolved prior to the date of the second marriage; (3) Nollora admitted the existence of his second marriage to Geraldino;15 and (4) Nollora and Geraldino’s marriage has all the essential requisites for validity except for the lack of capacity ofNollora due to his prior marriage.16

The marriage certificate17 of Nollora and Pinat’s marriage states that Nollora and Pinat were married at Sapang Palay IEMELIF Church,Sapang Palay, San Jose del Monte, Bulacan on 6 April 1999. Rev. Jonathan De Mesa, Minister of the IEMELIF Church officiated the ceremony. The marriage certificate18 of Nollora and Geraldino’s marriage states that Nollora and Geraldino were married at Max’s Restaurant, Quezon Avenue, Quezon City, Metro Manila on 8 December 2001. Rev. Honorato D. Santos officiated the ceremony.

A certification dated 4 November 2003 from the Office of the Civil Registrar General reads:

We certify that ATILANO JR O. NOLLORA who is alleged to have been born on February 22, 1968 from ATILANO M. NOLLORA SR and FLAVIANA OCLARIT, appears in our National Indices of Marriage for Groom for the years 1973 to 2002 with the following information:
Date of Marriage
Place of Marriage
a) April 06, 1999
b) SAN JOSE DEL MONTE, BULACAN
a) December 08, 2001
b) QUEZON CITY, METRO MANILA (2nd District)19

Before the trial and appellate courts, Nollora put up his Muslim religion as his sole defense. He alleged that his religion allows him to marry more than once. Granting arguendo that Nollora is indeed of Muslim faith at the time of celebration of both marriages,20 Nolloracannot deny that both marriage ceremonies were not conducted in accordance with the Code of Muslim Personal Laws, or Presidential Decree No. 1083. The applicable Articles in the Code of Muslim Personal Laws read:

Art. 14. Nature. - Marriage is not only a civil contract but a civil institution. Its nature, consequences and incidents are governed by this Code and theShari’a and not subject to stipulation, except that the marriage settlements to a certain extent fix the property relations of the spouses.

Art. 15. Essential Requisites. - No marriage contract shall be perfected unless the following essential requisites are complied with:
(a) Legal capacity of the contracting parties;
(b) Mutual consent of the parties freely given;
(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and
(d) Stipulation of the customary dower (mahr) duly witnessed by two competent persons.

Art. 16. Capacity to contract marriage. - (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen.
x x x.

Art. 17. Marriage Ceremony. - No particular form of marriage ceremony is required but the ijab and the qabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and the two competent witnesses. The declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.

Art. 18. Authority to solemnize marriage. - Marriage maybe solemnized:
(a) By the proper wali by the woman to be wedded;
(b) Upon the authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari’a District Court or Shari’a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization.

Art. 19. Place of solemnization. - Marriage shall be solemnized publicly in any mosque, office of the Shari’a judge, office of the Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties.

Art. 20. Specification of dower. - The amount or value of dower may be fixed by the contracting parties (mahr-musamma) before, during or after the celebration of marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties.

Indeed, Article 13(2) of the Code of Muslim Personal Laws states that “[i]n case of a marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the [Family Code of the Philippines, or Executive Order No. 209,in lieu of the Civil Code of the Philippines] shall apply.” Nollora’s religious affiliation is not an issue here. Neither is the claim thatNollora’s marriages were solemnized according to Muslim law. Thus, regardless of his professed religion, Nollora cannot claim exemption from liability for the crime of bigamy.21

Nollora asserted in his marriage certificate with Geraldino that his civil status is “single.” Moreover, both of Nollora’s marriage contracts do not state that he is a Muslim. Although the truth or falsehood of the declaration of one’s religion in the marriage certificate is not an essential requirement for marriage, such omissions are sufficient proofs of Nollora’s liability for bigamy. Nollora’s false declaration about his civil status is thus further compounded by these omissions.

[ATTY. CALDINO:]
Q: In your marriage contract, Mr. Witness, with Jesusa Pinat, you indicated here as your religion, Catholic Pentecostal, and you were saying that since January 10, 1992, you are already a [M]uslim convert. . . you said, Mr. Witness, that you are already a [M]uslim convert since January 10, 1992. However, in your marriage contract with Jesusa Pinat, there is no indication here that you have indicated your religion. Will you please go over your marriage contract?
[NOLLORA:]
A: When we got married, they just placed there Catholic but I didn’t know why they did not place any Catholic there.
x x x
Q: Now, Mr. Witness, I would like to call your attention with respect to your marriage contract with your co-accused in this case, RowenaGeraldino, x x x will you please tell us, Mr. Witness, considering that you said that you are already a [M]uslim convert on January 10, 1992, why in the marriage contract with Rowena Geraldino, you indicated there your religion as Catholic, Mr. Witness?
A: Since I was a former Catholic and since I was then keeping, I was keeping it as a secret my being my Balik-Islam, that’s why I placed there Catholic since I know that the society doesn’t approve a Catholic to marry another, that’s why I placed there Catholic as my religion, sir.
Q: How about under the column, “civil status,” why did you indicate there that you’re single, Mr. Witness?
A: I also kept it as a secret that I was married, earlier married.22 (Emphasis supplied)
x x x
[PROSECUTOR TAYLOR:]
Q: Would you die for your new religion, Mr. Nollora?
A: Yes, ma’am.
Q: If you would die for your new religion, why did you allow that your faith be indicated as Catholic when in fact you were already as you alleged [M]uslim to be put in your marriage contract?
x x x
[A:] I don’t think there is anything wrong with it, I just signed it so we can get married under the Catholic rights [sic] because after that we even got married under the [M]uslim rights [sic], your Honor.
x x x
Q: Under your Muslim faith, if you marry a second wife, are you required under your faith to secure the permission of your first wife to get married?
A: Yes, ma’am.
Q: Did you secure that permission from your first wife, Jesusa Nollora?
A: I was not able to ask any permission from her because she was very mad at me, at the start, she was always very mad, ma’am.23

In his petition before this Court, Nollora casts doubt on the validity of his marriage to Geraldino. Nollora may not impugn his marriage toGeraldino in order to extricate himself from criminal liability; otherwise, we would be opening the doors to allowing the solemnization of multiple flawed marriage ceremonies. As we stated in Tenebro v. Court of Appeals:24

There is therefore a recognition written into the law itself that such a marriage, although void ab initio, may still produce legal consequences. Among these legal consequences is incurring criminal liability for bigamy. To hold otherwise would render the State’s penal laws on bigamy completely nugatory, and allow individuals to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment.
x x x."


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