Conversion to Islam Does Not Automatically Exempt One from Bigamy Charges

Francis D. Malaki and Jacqueline Mae A. Salanatin-Malaki v. People of the Philippines, G.R. No. 221075, November 15, 2021

Imagine finding love again after years of separation, but facing criminal charges for remarrying without dissolving your first marriage. This scenario played out in the Philippines, where a man converted to Islam hoping to avoid bigamy charges after entering into a second marriage. The Supreme Court’s decision in this case has far-reaching implications for those navigating the complexities of marriage, religion, and the law.

In the case of Francis D. Malaki and Jacqueline Mae A. Salanatin-Malaki, the central issue was whether converting to Islam and marrying under Muslim rites could shield them from bigamy charges. The couple argued that their conversion should exempt them from the crime, but the Supreme Court ruled otherwise, highlighting the intricate balance between religious freedoms and legal obligations in the Philippines.

Understanding Bigamy and the Muslim Code in the Philippines

Bigamy, as defined under Article 349 of the Revised Penal Code, is committed when a person contracts a second or subsequent marriage without legally dissolving the first. This crime is punishable by imprisonment, reflecting the Philippine legal system’s commitment to the sanctity of marriage.

The Code of Muslim Personal Laws (Muslim Code), enacted through Presidential Decree No. 1083, governs the personal and family laws of Muslims in the Philippines. It allows Muslim men to have multiple wives under certain conditions, but this provision does not automatically extend to those who convert to Islam after a civil marriage.

Key provisions of the Muslim Code relevant to this case include:

• Article 3: “In case of conflict between any provision of this Code and laws of general application, the former shall prevail.”
• Article 13(2): “In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.”
• Article 180: “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.”

These provisions highlight the legal framework that governs marriages involving Muslims in the Philippines, emphasizing the conditions under which the Muslim Code applies and its limitations.

The Journey of Francis and Jacqueline’s Case

Francis D. Malaki, married to Nerrian Maningo-Malaki under civil rites, left his family to find work. He later converted to Islam and married Jacqueline Mae A. Salanatin. When Nerrian discovered the second marriage, Francis and Jacqueline were charged with bigamy.

The couple’s defense hinged on their conversion to Islam and subsequent marriage under Muslim rites. They argued that the Muslim Code should apply, exempting them from bigamy charges. However, the courts found otherwise:

• The Regional Trial Court convicted Francis and Jacqueline, reasoning that the Muslim Code did not apply since Nerrian was not a Muslim.
• The Court of Appeals affirmed the conviction, stating that all elements of bigamy were present and that conversion to Islam did not dissolve the first marriage.
• The Supreme Court upheld these rulings, emphasizing that “conversion to Islam to remarry and circumvent the laws on bigamy generates legal tensions as it exploits the protective mantle of religious freedom under the Constitution.”

The Supreme Court further clarified that even if the Muslim Code were applicable, Francis failed to comply with its requirements for subsequent marriages, such as obtaining the consent of the first wife or a court’s permission.

Practical Implications and Key Lessons

This ruling underscores that conversion to Islam does not automatically exempt one from bigamy charges if the first marriage was under civil law. It reaffirms the importance of adhering to legal processes for dissolving marriages before entering into new ones.

For individuals considering conversion to Islam as a means to remarry, this case serves as a cautionary tale. It is crucial to understand that religious conversion does not negate the legal obligations tied to a civil marriage.

Key Lessons:

• Ensure the legal dissolution of a prior civil marriage before entering into a new marriage, regardless of religious conversion.
• Understand the specific requirements of the Muslim Code if considering a subsequent marriage under its provisions.
• Seek legal counsel to navigate the complexities of marriage laws in the Philippines, especially when involving different religious rites.

Frequently Asked Questions

Can a person legally marry again after converting to Islam if their first marriage was under civil law?

No, conversion to Islam does not automatically dissolve a civil marriage. The first marriage must be legally dissolved before entering into a new marriage to avoid bigamy charges.

What are the conditions under which a Muslim man can have multiple wives in the Philippines?

Under the Muslim Code, a Muslim man can have up to four wives if he can provide equal companionship and just treatment, and only in exceptional cases. He must also notify the Shari’a Circuit Court and obtain the consent of his existing wife or the court’s permission.

Does the Muslim Code apply to marriages between a Muslim and a non-Muslim?

The Muslim Code applies to marriages where both parties are Muslims or where only the male party is a Muslim and the marriage is solemnized according to Muslim rites. For marriages between a Muslim and a non-Muslim not solemnized under Muslim rites, the Civil Code applies.

What are the penalties for bigamy in the Philippines?

Bigamy is punishable by imprisonment under the Revised Penal Code, with penalties ranging from six months and one day to six years and one day.

Can a subsequent marriage under Muslim rites be considered void if it does not comply with the Muslim Code?

Yes, a subsequent marriage that fails to comply with the Muslim Code’s requirements, such as obtaining the first wife’s consent or court permission, may be considered void and could lead to bigamy charges.

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