Bigamy Cases Involving a Second Marriage Celebrated in Muslim Rites (Philippine Legal Context)

I. Why the Topic Matters

Bigamy remains one of the most frequently litigated family-related crimes in the Philippines. The question becomes thornier when the second marriage is celebrated under Muslim rites, because it brings into play two parallel systems of law:

The Revised Penal Code (RPC), Art. 349 – penalizes anyone who “contracts a second or subsequent marriage while the first is still subsisting.”
Presidential Decree No. 1083 (Code of Muslim Personal Laws, “CMPL”) – permits a Muslim husband, in tightly regulated circumstances, to take up to four wives.

Courts have had to determine when CMPL shields an accused from Art. 349—and when it does not. The jurisprudence that has emerged is now sufficiently settled to allow a coherent synthesis.

II. Statutory Framework at a Glance

Provision	Key Text	Practical Effect
Art. 349, RPC	“Any person who shall contract a second or subsequent marriage before the former is dissolved … shall be guilty of bigamy.”	Basic definition; penalty: prisión mayor (6 yrs 1 day – 12 yrs).
Art. 13 & 27, CMPL	CMPL governs marriages where both parties are Muslim, or where only one is Muslim and the marriage is solemnized under Muslim law. Art. 27 conditionally allows a Muslim husband to marry again “only in exceptional cases” and “if he can deal with the wives with equal companionship and just treatment.”	Creates a narrow window for lawful polygamy, but only after court-supervised procedures under Art. 162.([Lawphil][1])
Art. 180, CMPL	“The provisions of the Revised Penal Code on bigamy shall not apply to a person married in accordance with this Code or, before its effectivity, under Muslim law.”	Exemption is personal, not universal: it protects only a Muslim whose first and second marriages both comply with CMPL.([Lawphil][2])

III. Elements of Bigamy (as refined by jurisprudence)

First marriage was valid and still subsisting.
Second marriage was valid in form (celebrated with the required formalities).
The first marriage had not been nullified or dissolved by a final judgment when the second was contracted.
The accused knew of the first marriage’s subsistence.([Lawphil][3])

If any element collapses (e.g., either marriage is void ab initio), the prosecution fails.

IV. Key Supreme Court Decisions on a Muslim-Rite Second Marriage

Case	Core Ruling	Take-away
People v. Dumpo (G.R. No. 42581, 2 Oct 1935)	Acquittal. Second Muslim marriage was void for lack of father’s consent; hence no bigamy.([Lawyerly][4])	A void second marriage negates element 2.
Nollora v. People (G.R. No. 191425, 7 Sep 2011)	Conviction. Accused converted to Islam after a civil marriage, married again under civil rites, and claimed Art. 180. SC held CMPL did not apply because neither marriage followed CMPL formalities.([Jur.ph][5])	Conversion alone is worthless; CMPL’s safeguards must be met.
Aspa Sayson v. People (G.R. No. 214018, 20 Apr 2015)	Conviction. Muslim husband did not secure Shari’a-court permission or satisfy Art. 162 notices before marrying again.([Legaldex][6])	No compliance with Art. 162 = no protection under Art. 180.
Malaki & Salanatin-Malaki v. People (G.R. No. 221075, 15 Nov 2021)	Conviction of both spouses. Husband was party to a Catholic marriage, later converted to Islam and married anew under Muslim rites. SC: first marriage remains under civil law; CMPL exemption unavailable.([Judiciary eLibrary][7], [Lawphil][1])	The leading, most recent case squarely rejecting the “conversion” defense.

Pattern: The Court consistently punishes second Muslim-rite marriages where the first marriage was not governed by CMPL or where the procedural safeguards for polygamy under Art. 162 were skipped.

V. How CMPL Allows a Lawful Subsequent Muslim Marriage

Personal law coverage – Both parties Muslim, or one Muslim marrying a Muslim. (Art. 13)
Substantive test (Art. 27) – Husband proves exceptional circumstances and capacity for “equal companionship.”
Formal requisites (Art. 162) –
- Written notice to the Shari’a Circuit Court.
- Court serves copy to existing wife/ wives.
- If any wife objects, an Agama Arbitration Council is constituted; court then resolves the objection.
Court permission must be obtained before the wedding.
Registration of the second Nikah in the civil registry.

Failure at any step makes the union void (hence not a defense to bigamy) and likewise exposes all parties who acted with knowledge to possible prosecution.([Lawphil][1])

VI. Defences Commonly Raised—and Why Most Fail

Defence asserted	Why it usually fails
“We converted to Islam first.”	Conversion does not dissolve a prior civil marriage, nor does it automatically bring the marriage under CMPL. Malaki doctrine applies.([Judiciary eLibrary][7])
Reliance on Art. 180 CMPL	Exemption is narrow: both marriages must comply with CMPL and Art. 162 procedures. Otherwise Art. 349 applies.([Legaldex][6])
Void first marriage (no license, etc.).	Since Pulido v. People (2021), an accused may adduce evidence that the first (or second) marriage was void ab initio, even without a prior judicial declaration, and that is a valid defence.([Legisperit Publications][8])
Good-faith belief first marriage was void.	Accepted only if facts show both a genuine mistake of law/fact and reasonable diligence—rare in practice.
Prescription.	Bigamy is a continuing crime; the 15-year prescriptive period (Art. 90, RPC) runs only from discovery, so this defence seldom avails.

VII. Procedure & Jurisdiction

Investigation & filing – Regular provincial/ city prosecution office; Shari’a courts have no criminal jurisdiction.
Venue – Where either marriage was celebrated, or where accused resides.
Evidence –
- Certified true copies of both marriage certificates.
- Testimony of first spouse to prove subsisting marriage.
- Proof of non-dissolution (no annulment/ divorce decree).
Who may be charged – Principal in first degree (spouse who remarried) and the second spouse if he/she knew of the first marriage.
Penalty – Prisión mayor, usually calibrated by mitigating/aggravating circumstances; civil interdiction and permanent absolute disqualification may follow.([Legaldex][6])

VIII. Civil Consequences of a Bigamous Muslim Marriage

Void ab initio under Art. 35(4), Family Code; produces no property regime between the parties.
Children – generally illegitimate, but may be legitimated/acknowledged when parent-child relationship is uncontested.
Property acquired together – governed by co-ownership rules; courts often divide in proportion to contribution.
Succession – the second spouse does not inherit intestate.
Termination – If the bigamy case ends in conviction, the second marriage is simply declared void; no need for a separate nullity suit.

IX. Practical Compliance Checklist for a Muslim Husband Who Truly Qualifies for Polygamy

Step	What to do	Document
1	File written notice to the Shari’a Circuit Court (SCC) where the family resides.	Art. 162 Notice
2	Ensure the SCC serves notice on existing wife/ wives.	Sheriff’s return
3	If objection filed, submit to Agama Arbitration Council proceedings.	Minutes & Council report
4	Obtain SCC written permission to marry again.	SCC Order
5	Celebrate Nikah before accredited Muslim solemnizing officer.	Marriage contract
6	Register marriage with civil registrar within 15 days.	CR-issued certificate

Skipping any box puts the husband back within Art. 349’s reach.

X. Policy Considerations and Reform Proposals

Uniform registration – Erratic record-keeping (especially in remote areas) triggers many mistaken bigamy charges.
Public awareness – Conversions undertaken merely to facilitate a second marriage are often pro-forma, undermining the sincerity CMPL presumes.
Harmonisation – Suggested amendments to Art. 180 could clarify that the exemption applies only when the preceding marriage was itself under CMPL.

XI. Key Take-aways for Practitioners and Couples

Conversion is not a magic shield. If the first marriage is civil or Christian, Art. 349 still governs.
CMPL polygamy is heavily regulated. Obtain Shari’a-court clearance before the second Nikah.
Void-marriage defence exists but is evidentiary. Prepare to prove why the first (or second) marriage was void, preferably with documentary exhibits.
Second spouse’s liability is real. Even an “innocent” second bride can be indicted if she knew of the first marriage.
Consult early. The cost of legal advice is far less than the risk of a 6-to-12-year sentence.

XII. Conclusion

Philippine law honours Islamic personal law, but never at the expense of public policy against sham marriages. The jurisprudence—crystallised in Malaki—makes one point unmistakable: Only those who comply meticulously with the Code of Muslim Personal Laws can escape criminal liability for bigamy. Everyone else, regardless of religious conversion, remains answerable under Art. 349 of the Revised Penal Code.

(This article is for academic discussion. For concrete cases, always seek competent legal counsel.)