- Facts: Francis D. Malaki and Jacqueline Mae A. Salanatin-Malaki were charged with bigamy after contracting a second marriage while Malaki’s first marriage to Nerrian Maningo-Malaki was still valid. Despite their conversion to Islam, they were found guilty under the Revised Penal Code. Their appeal was denied by the Court of Appeals, which affirmed their conviction.
- Issue: Whether the petitioners could be exempted from criminal liability for bigamy due to their conversion to Islam and subsequent marriage under Muslim law.
- Ruling: The Supreme Court affirmed the conviction, ruling that the elements of bigamy were present. The Court emphasized that conversion to Islam does not exempt individuals from liability for bigamy if the first marriage has not been legally dissolved. The Court highlighted that the Muslim Code’s provisions apply only when both parties are Muslims and that the petitioners failed to comply with the formal requisites for a valid subsequent marriage under the Muslim Code.
Doctrine: A party to a civil marriage who converts to Islam and contracts another marriage while the first marriage is subsisting is guilty of bigamy because→the provisions of the Muslim Code do not apply if the first marriage has not been legally dissolved, and the subsequent marriage does not comply with the necessary formalities.
English