Why Polygamy Is Limited to Muslims Under Philippine Law: Legal Basis and Policy

Introduction

In the Philippines, a predominantly Catholic nation with a legal system influenced by Spanish civil law and American common law traditions, marriage is generally defined as a monogamous union between one man and one woman. Polygamy, the practice of having multiple spouses simultaneously, is prohibited for the majority of Filipinos under the Family Code of the Philippines (Executive Order No. 209, as amended). However, an exception exists for Filipino Muslims, who are permitted to engage in polygamous marriages under specific conditions outlined in the Code of Muslim Personal Laws (Presidential Decree No. 1083). This dual legal regime reflects the country's commitment to cultural pluralism and religious accommodation, particularly for its Muslim minority population, concentrated in regions like the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

This article explores the legal basis for limiting polygamy to Muslims in the Philippine context, examining the constitutional foundations, statutory provisions, judicial interpretations, and underlying policy rationales. It also addresses the scope, limitations, and ongoing debates surrounding this exception, providing a comprehensive overview of the topic.

Historical Background

The Philippines' approach to polygamy must be understood against its colonial and post-colonial history. Pre-colonial Philippine societies, including those in Muslim-dominated areas of Mindanao and Sulu, practiced various forms of polygamy influenced by indigenous customs and Islamic traditions introduced by Arab traders as early as the 13th century. Spanish colonization (1565–1898) imposed Catholic canon law, which strictly enforced monogamy and criminalized polygamy as bigamy. This was codified in the Spanish Penal Code of 1870, later adapted into the Philippine Penal Code of 1930 (now the Revised Penal Code, Act No. 3815).

American rule (1898–1946) reinforced monogamous civil marriage through laws like the Marriage Law of 1917 (Act No. 2710), but it largely ignored Muslim customary practices in the southern islands, leading to tensions. Post-independence, the 1950s and 1960s saw growing calls from Muslim leaders for recognition of their personal laws to foster national unity and address separatist sentiments.

The turning point came during the Martial Law era under President Ferdinand Marcos. In 1977, Marcos issued Presidential Decree No. 1083, establishing the Code of Muslim Personal Laws. This was partly a response to the Moro National Liberation Front (MNLF) insurgency, aiming to integrate Muslim Filipinos by respecting their religious and cultural identity. The decree codified Islamic principles on marriage, divorce, and inheritance, including polygamy, while maintaining the general civil law for non-Muslims.

The 1987 Constitution, drafted after the People Power Revolution, further entrenched this framework by emphasizing cultural rights and regional autonomy. Subsequent peace agreements, such as the 1996 Final Peace Agreement with the MNLF and the 2014 Comprehensive Agreement on the Bangsamoro with the Moro Islamic Liberation Front (MILF), reinforced the application of Muslim personal laws in autonomous regions.

Legal Basis

The limitation of polygamy to Muslims stems from a combination of constitutional provisions, statutory laws, and judicial precedents that balance national unity with religious freedom and cultural diversity.

1. Constitutional Foundations:

   • Article II, Section 22: The State recognizes and promotes the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. While primarily aimed at indigenous peoples, this has been interpreted to include Muslim Filipinos as a distinct cultural and religious group.
   • Article III, Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. This non-establishment and free exercise clause protects Islamic practices, including polygamy, from undue interference by the secular state.
   • Article VI, Section 28(2): In Muslim Mindanao and the Cordilleras, Congress may create autonomous regions, considering their unique historical and cultural heritage. This led to the Organic Act for the Autonomous Region in Muslim Mindanao (Republic Act No. 6734, later replaced by the Bangsamoro Organic Law, Republic Act No. 11054 in 2018), which explicitly recognizes Shari'ah courts and Muslim personal laws.
   • Article XV, Section 11: The State shall consider the customs, traditions, beliefs, and interests of national cultural communities in formulating state policies. This provision justifies differential treatment in family law to accommodate Muslim practices.

2. Statutory Provisions:

   • Code of Muslim Personal Laws (PD 1083):
     • Article 27 allows a Muslim male to have up to four wives simultaneously, provided he can deal justly with them and support them equally, in accordance with Islamic jurisprudence (fiqh). The subsequent marriage must be solemnized by a person authorized under Muslim law, and the husband must notify existing wives and obtain their consent if required by custom.
     • Article 162 exempts Muslims from the bigamy provisions of the Revised Penal Code (RPC) if the polygamous marriage complies with PD 1083. However, non-compliance (e.g., marrying more than four wives or failing to ensure justice) can still lead to criminal liability.
     • The code applies only to Filipino citizens who are Muslims or those who convert to Islam before marriage. It does not extend to non-Muslims, even if they reside in Muslim-majority areas.
   • Family Code of the Philippines (EO 209):
     • Article 1 defines marriage as a special contract of permanent union between a man and a woman for establishing a conjugal and family life. It implicitly mandates monogamy.
     • Article 35 declares bigamous or polygamous marriages void ab initio, except as provided in PD 1083 for Muslims.
     • Article 41 allows for declaration of presumptive death to enable remarriage but reinforces monogamy for non-Muslims.
   • Revised Penal Code (Act No. 3815):
     • Article 349 criminalizes bigamy, punishable by prisión mayor (6–12 years imprisonment). Muslims are exempt if their marriages follow PD 1083, but a Muslim who contracts a polygamous marriage under civil law (e.g., without Shari'ah compliance) can be prosecuted.
   • Bangsamoro Organic Law (RA 11054):
     • Section 13 affirms the application of PD 1083 in the BARMM, with Shari'ah courts having jurisdiction over Muslim personal and family matters. This regional law strengthens the national exception by institutionalizing it within the autonomous framework.

3. Judicial Interpretations:

   • In Estrella v. Orendain (G.R. No. L-48399, 1987), the Supreme Court upheld PD 1083's validity, ruling that it does not violate equal protection under the law because the classification (Muslims vs. non-Muslims) is based on substantial distinctions rooted in religion and culture.
   • Tamano v. Ortiz (G.R. No. 126603, 1998) clarified that a Muslim's marriage under PD 1083 is valid even if it conflicts with the Family Code, emphasizing the state's policy of religious accommodation.
   • Cases like People v. Subano (G.R. No. 214338, 2015) have prosecuted non-Muslims for bigamy while affirming exemptions for compliant Muslim polygamists.
   • The Court has also addressed conversions: In Zamoranos v. People (G.R. No. 193902, 2010), it ruled that a non-Muslim converting to Islam post-marriage cannot retroactively validate a polygamous union without annulling the prior civil marriage.

Policy Considerations

The policy of limiting polygamy to Muslims is driven by several interrelated objectives:

1. Promotion of National Unity and Peace:

   • By recognizing Islamic family laws, the government aims to integrate Muslim Filipinos into the national fabric without forcing assimilation. This was crucial during the Moro insurgencies of the 1970s–1990s, where grievances over cultural erasure fueled conflict. PD 1083 was a concession to build trust and reduce separatist demands.

2. Respect for Religious Freedom and Cultural Diversity:

   • Islam permits polygyny (one man, multiple wives) under the Quran (Surah An-Nisa 4:3), viewing it as a means to provide for widows and orphans. Imposing monogamy on Muslims could be seen as religious discrimination, violating international obligations like the Universal Declaration of Human Rights (Article 18) and the International Covenant on Civil and Political Rights, which the Philippines ratified.

3. Gender and Social Equity:

   • While critics argue polygamy disadvantages women, PD 1083 includes safeguards like requiring the husband's ability to treat wives equitably. Policy makers contend this balances religious rights with modern values, though enforcement varies.

4. Practical Governance in Pluralistic Society:

   • The dual system avoids a one-size-fits-all approach in a nation with over 110 ethnolinguistic groups. It parallels accommodations for indigenous peoples under the Indigenous Peoples' Rights Act (RA 8371), which recognizes customary marriages.

5. International and Regional Influences:

   • The policy aligns with practices in Muslim-majority neighbors like Indonesia and Malaysia, facilitating cross-border relations. It also supports UN Sustainable Development Goal 16 (peaceful and inclusive societies) by addressing minority rights.

Limitations and Criticisms

Despite its rationale, the exception has limitations and faces criticism:

1. Scope Restrictions:

   • Polygamy is limited to Muslim males; Muslim women cannot practice polyandry (multiple husbands), reflecting Islamic norms.
   • It applies only within Philippine territory and to citizens. A Muslim Filipino marrying polygamously abroad must comply with local laws.
   • Conversions for convenience are scrutinized; courts require genuine adherence to Islam.
   • Property and inheritance issues arise in mixed marriages, often requiring judicial resolution.

2. Criticisms:

   • Gender Inequality: Feminist groups argue it perpetuates patriarchy, conflicting with the Magna Carta of Women (RA 9710) and CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women).
   • Equal Protection Challenges: Some contend it creates unequal treatment among citizens, potentially violating Article III, Section 1 of the Constitution.
   • Enforcement Issues: Shari'ah courts lack resources, leading to inconsistent application. Abuse, such as forced marriages, remains a concern.
   • Secularism Debates: Critics like the Philippine Atheists and Agnostics Society view it as state endorsement of religion.
   • Reform Calls: Proposals include harmonizing laws under a uniform civil code, but these face resistance from Muslim leaders. The BARMM Parliament has discussed updates to PD 1083, but no major changes have occurred as of 2025.

Conclusion

The limitation of polygamy to Muslims under Philippine law represents a pragmatic compromise in a diverse archipelago nation, rooted in constitutional protections for cultural and religious rights, codified through PD 1083, and justified by policies of peace, integration, and pluralism. While it addresses historical injustices and fosters inclusivity, it also highlights tensions between tradition and modernity, gender equity and religious freedom. As the Philippines evolves, ongoing dialogues in Congress, courts, and civil society may refine this framework, but its core remains a testament to the country's commitment to unity in diversity. For practitioners, understanding this duality is essential for navigating family law cases involving Muslim parties.