ATILANO O. NOLLORA, JR., Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. ; G.R. No. 191425 , September 7, 2011
TOPIC: Exception to the Generality Principle
GIST: Nollora contracted 2 marriages, first with Jesusa then with Rowena. Jesusa filed bigamy. Nollora used his Muslim conversion as a defense but the court found him guilty of bigamy.
In Islam, monogamy is the general rule, and polygamy is allowed only to meet urgent needs. Only with the permission of the court can a Muslim be permitted to have a second wife subject to certain requirements such as notification to Shari’a Circuit Court of the place where his family resides, his first wife's consent, and if not obtained, the Shari'a Circuit Court will decide whether he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases. [Art. 27 of the Code of Muslim Personal Laws in the Philippines]
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FACTS:
1. 24 August 2004: Bigamy was filed against Atilano O. Nollora, Jr. ("Nollora") and Rowena P. Geraldino ("Rowena") since his marriage with Jesusa has not been legally dissolved and subsisting.
2. 18 April 2005: Nollora was arraigned. He refused to enter a please, hence a not-guilty plea was entered by the Court for him.
3. 14 June 2005: Rowena pleaded not guilty.
4. During the pre-trial, the following were stipulated:
Nollora admitted his 2nd marriage with Rowena in his counter-affidavit.
Rowena attached to her Counter-affidavit the Certificate of marriage with Nollora.
5. PROSECUTION
Jesusa: She and Nollora met while she was working as a staff midwife in Saudi Arabia. He courted her and they eventually got married. While working in the hospital, she heard rumors that her husband has another wife and because of anxiety and emotional stress, she left Saudi Arabia and returned to the Philippines. Upon arrival, she found the rumors to be true when she secured a certification as to the civil status of Nollora from NSO in November 2003. She confronted Rowena to asked whether she's aware of their marriage to which Rowena allegedly affirmed and despite such knowledge, she allegedly still married Nollora because she loves him so much and because they were neighbors and childhood friends. Jesusa also knew that Rowena knew of their marriage because when she was brought by Nollora is their house in Taguig, Rowena was there in the house together with a friend and she heard everything that they were talking about.
Due to this, she was not able to return to Saudi Arabia with a loss of opportunity to earn more or less P34,000.00/month.
When asked about moral damages, she said she had even entertained thoughts of suicide, her mother died, and she almost got raped when Nollora left her alone in Saudi Arabia.
She said money was not enough to ease her suffering. She just asked for the return of her money in the amount of ₱50,000.00 instead.
All these were also confirmed by Ruth Santos, Jesusa's friend.
6. DEFENSE
Nollora: He was a Muslim convert since 10 January 1992 and is allegedly entitled to marry four (4) wives. He presented a Certificate of Conversion dated August 2, 2004. He also presented a Pledge of Conversion dated January 10, 1992. He claimed that Jesusa knew he was a Muslim convert prior to their marriage because she told this fact when he was courting her in Saudi Arabia and she only filed the case because she hated the fact of his second marriage with Rowena.
He explained that in his Marriage Contract with Jesus, it is indicated that he was a ‘Catholic Pentecostal’ but that he was not aware why it was placed as such on said contract. In his Marriage Contract with Rowena, the religion ‘Catholic’ was also indicated because he was keeping as a secret his being a Muslim since the society does not approve of marrying a Muslim. He also indicated that he was ‘single’ despite his first marriage to keep said first marriage a secret.
Rowena: Claimed she was also a victim and only came to know of the first marriage when the case was filed. She asked Nollora if he was single prior to marriage and he said he was. She knew Nollora was a Catholic but after learned of the first marriage, she learned he is a Muslim convert. She belied that she admitted knowledge during Jesusa's confrontation and insisted on knowledge only after the filed case.
7. RTC convicted Nollora and acquitted Rowena.
ISSUE:
W/N the 2nd marriage was bigamous.
RULING:
YES. THE SECOND MARRIAGE WAS BIGAMOUS.
In Islam, monogamy is the general rule and polygamy is allowed only to meet urgent needs. Only with the permission of the court can a Muslim be permitted to have a second wife subject to certain requirements. 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). Arbitration is necessary. Any Muslim husband desiring to contract subsequent marriages, before so doing, shall notify the Shari’a Circuit Court of the place where his family resides. The clerk of court shall serve a copy thereof to the wife or wives. Should any of them objects; 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 or not to sustain her objection (Art. 162, Muslim Personal Laws of the Philippines).
Nollara did not comply with the above-mentioned provision. He did not even declare that he was a Muslim convert in both marriages, indicating his criminal intent. Since his two marriages were not conducted in accordance with the Code of Muslim Personal Laws, the Family Code of the Philippines should apply. Nollora's claim of religious freedom will not immobilize the State and render it impotent in protecting the general welfare.
The circumstances in the present case satisfy all the elements of bigamy. (1) Nollora is legally married to Jesusa; (2) Nollora and Jesusa's marriage has not been legally dissolved prior to the date of the second marriage; (3) Nollora admitted the existence of his second marriage to Rowena; and (4) Nollora and Rowena's marriage has all the essential requisites for validity except for the lack of capacity of Nollora due to his prior marriage.
Article 13(2) of the Code of Muslim Personal Laws states that "in 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 that Nollora'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
Petitioner Atilano O. Nollora, Jr. is guilty beyond reasonable doubt of Bigamy
PENALTY:
imprisonment with a term of two years, four months and one day of prision correccional as minimum to eight years and one day of prision mayor as maximum of his indeterminate sentence, as well as the accessory penalties provided by law.
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ADDITIONAL INFO:
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 dead according 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.
EXCEPTIONS TO BIGAMY: (2)
1] FAMILY CODE/E.O. No. 209. ARTICLE 41.
A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
2] CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES/P.D. No. 1083. ARTICLE 180
RULE OF BIGAMY
Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in accordance with the provisions of this Code or, before its effectivity, under Muslim law.
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SUBSEQUENT MARRIAGE AS PER Code of Muslim Personal Laws of the Philippines.
Article 27. By a husband. Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.
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