- Good afternoon! I am married to Catholic in the Philippines. Working in in UAE. I have converted to Islam and now a Muslim. And returned to the Philippines and got married again. Can I be charged by my first wife of Bigamy ? Thank you very much!
ANS: From what can be deciphered in your narratives, it appears you were married as a Catholic in the Philippines and while your working in the UAE, you converted to Muslim. You returned to the Philippines and got married. Presumably with another woman as your second wife. The question now is can the first wife charge you with bigamy?
Firstly, as Filipino Citizen, notwithstanding your religion, the laws on marriage and civil status of person is governed by Philippine laws. The validity or invalidity of your second marriage, hinges on your compliance with the Code of Muslim Personal Laws. In converting to the Muslim faith, one should not entertained the mistaken belief that he can just marry anybody again . What is apparent under the law is [that] a Muslim is not given an unbridled right to just marry anybody, the second, third or fourth time. There are requirements that the Sharia law imposes. Like giving notice of such marriage to the Sharia Court where his family resides so that copy of said notice should be furnished to the first wife. The clerk of court shall serve a copy thereof to the wife or wives. Should any of them objects [sic]; an Agama Arbitration Council shall be constituted. If said council fails to secure the wife’s consent to the proposed marriage, the Court shall, subject to Article 27, decide whether on [sic] not to sustain her objection (Art. 162, Muslim Personal Laws of the Philippines).
The argument that notice to the first wife is not required since she is not a Muslim is of no moment. This obligation to notify the said court rests upon the said person . This is because having plurality of wives is merely tolerated, not encouraged, under certain circumstances (Muslim Law on Personal Status in the Philippines by Amer M. Bara-acal and Abdulmajid J. Astir, 1998 First Edition, Pages 64-65).
It is the Sharia Court that has this authority. Such that where two marriages were not conducted in accordance with the Code of Muslim Personal Laws, the Family Code of the Philippines should apply. The defense for the second marriage, that the same is a lawful exercise of Islamic religion is not tenable.
Back to your question whether bigamy can prosper, and considering that the first or former marriage has not been legally dissolved, or that the absent spouse has not been declared presumptively dead by means of a judgment rendered in the proper proceedings, a crime of bigamy under Art.349 of the Revised Penal Code, may have been committed.
The above submission is anchored on the decision of the Supreme Court of the Philippines, in the case of Atilano O. Nollora vs. People of the Philippines, in G.R. No.191425, promulgated on September 7,2011.
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