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Bigamy dedicated by Muslim change for getting 2nd matrimony

My relative hitched 1st partner in Saudi Arabia at some point in 2001. During his holiday, in the same 12 months, the guy partnered another woman into the Philippines. He has come a Muslim change since 1995. The rites in both marriages comprise in line with the religions of his spouses, that are both non-Muslim. May the guy become prosecuted for bigamy for that reason?

The outcome of Atilano O. Nollora Jr. against. Folks of the Philippines (G.R. No https://datingmentor.org/escort/beaumont/. 191425, Sep 7, 2011) and Article 349 from the Revised Penal Code clearly establish the current weather with the criminal activity of bigamy:

“1. The culprit was lawfully married.

2. the matrimony is not legitimately demolished or, whenever his / her partner is missing, the missing partner cannot however end up being presumed lifeless based on the Civil laws.

3. he contracts another or following relationships.

4. Your 2nd or subsequent relationships has actually all essential requisites for quality.”

In this situation , penned by Associate fairness Antonio Carpio, the Muslim convert ended up being adjudged accountable for the crime of bigamy because:

“Article 13(2) from the laws of Muslim individual rules says that [i]n instance of a wedding between a Muslim and a non-Muslim, solemnized not prior to Muslim rules or this signal, the [families rule regarding the Philippines, or exec purchase 209, instead of the Civil signal associated with the Philippines] shall use. Nollora’s religious association is certainly not an issue right here. Neither is the report that Nollora’s marriages were solemnized in accordance with Muslim laws. Thus, aside from his professed religion, Nollora cannot claim exemption from accountability for all the crime of bigamy.” [Emphasis offered]

Taking into account that great legal affirmed the test court’s decision on the situation, the latter’s wisdom within the decision is cited below to suit your records:

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