Case Summary (G.R. No. 113161)
Petitioners
Francis D. Malaki, Sr. and Jacqueline Mae A. Salanatin-Malaki—convicted of bigamy under Article 349, Revised Penal Code.
Respondent
The People of the Philippines, represented by the Provincial Prosecutor of Davao del Norte.
Key Dates
- March 26, 1988: Civil marriage of Francis and Nerrian.
- June 5, 2005: Alleged Islamic marriage of Francis and Jacqueline (unsubstantiated).
- June 18, 2005: Civil marriage of Francis and Jacqueline before a Municipal Trial Court judge.
- November 20, 2006: Filing of Information for bigamy.
- May 7, 2012: Regional Trial Court conviction.
- April 24, 2015: Court of Appeals affirmation.
- September 17, 2015: Denial of motion for reconsideration by the Court of Appeals.
- November 15, 2021: Supreme Court decision.
Applicable Law
- 1987 Constitution: Article II, Section 22; Article XIV, Section 17 (recognition of cultural communities).
- Revised Penal Code, Article 349 (Bigamy).
- Code of Muslim Personal Laws (Presidential Decree No. 1083), Articles 3, 13, 27, 162, 178, 180, 186.
Facts
Francis and Nerrian contracted a valid civil marriage in 1988 and had two children. In 2005 Francis left his family, purportedly converted to Islam, and entered into a second marriage with Jacqueline on June 18, 2005. Petitioners admitted the subsistence of the first marriage but claimed exemption from bigamy under the Muslim Code.
Issue
Does a party to a subsisting civil marriage who converts to Islam and marries under Muslim rites incur criminal liability for bigamy?
Ruling
No. Petitioners are guilty of bigamy under Article 349, RPC. Exemption under Article 180 of the Muslim Code is inapplicable because the first marriage involved a non-Muslim spouse and remained governed by the Civil Code.
Reasoning
- Elements of bigamy—valid first marriage, no legal dissolution, subsequent valid marriage—were all admitted by petitioners.
- The Muslim Code applies only to marriages where both parties are Muslims, or where the male is Muslim and the marriage is solemnized under Muslim law (Art. 13). It cannot prejudice a non-Muslim spouse (Art. 3).
- Conversion effects: Article 178 ratifies existing marriages upon conversion; Article 179 preserves pre-conversion obligations; Article 180 exempts from bigamy charges only those marriages governed by the Muslim Code; Article 186 limits the Code’s retrospective effect.
- Francis’s 1988 marriage to Nerrian, a non-Muslim, remained under the Civil Code. His later conversion did not extinguish criminal liability for contracting a second marriage.
- Formal prerequisites for a subsequent Muslim marriage (notice to Shari’ah court, wife’s consent or court permission under Art. 162) were not
Case Syllabus (G.R. No. 113161)
Facts of the Case
- Francis D. Malaki, Sr. and Nerrian Maningo-Malaki were married on March 26, 1988 under Iglesia ni Cristo rites in Panabo City, Davao del Norte, and had two children.
- In 2005, Francis left the family home for Tagum City, where he abandoned Nerrian and began cohabiting with Jacqueline Mae A. Salanatin.
- On June 18, 2005, Francis and Jacqueline solemnized a second marriage before a Municipal Trial Court judge in New Corella, Davao del Norte, while Francis’s first marriage remained subsisting.
- At trial, both Francis and Jacqueline admitted contracting the second marriage despite the continued validity of Francis’s marriage to Nerrian but argued that their conversion to Islam and Muslim rite marriage exculpated them from bigamy liability.
Procedural History
- November 20, 2006: Information for bigamy under Article 349 of the Revised Penal Code filed in the Regional Trial Court (RTC) of Tagum City (Crim. Case No. 15432).
- May 7, 2012: RTC Decision found Francis and Jacqueline guilty beyond reasonable doubt of bigamy and sentenced each to an indeterminate penalty of six months and one day of prisión correccional as minimum to six years and one day of prisión mayor as maximum.
- May 2012: RTC denied their Motion for Reconsideration.
- April 24, 2015: Court of Appeals (CA) affirmed the RTC Decision in toto.
- September 17, 2015: CA denied their Motion for Reconsideration.
- November 23, 2015: Petitioners filed a Petition for Review under Rule 45 before the Supreme Court after an extension of time was granted.
Issue
- Whether Francis D. Malaki, Sr. and Jacqueline Mae A. Salanatin are guilty of bigamy under Article 349 of the Revised Penal Code and whether conversion to Islam and a subsequent Muslim rite marriage exempt them from criminal liability.
Applicable Law
- Revised Penal Code, Article 349 (Bigamy):
• Punishes contracting a second marriage before legal dissolution of the first.
• Elements: (1) legally married party; (2) subsisting first marriage; (3) subsequent marriage; (4) validity requisites for the second marriage. - 1973 and 1987 Constitution provisions recognizing cultural communities:
• Art. II, § 22; Art. XIV, § 17; Art. XV, § 11. - Presidential Decree No. 1083 (Muslim Code of the Philippines), effective May 16, 1977:
• Art. 2: Purposes—recognize and codify Muslim personal laws, make Islamic institutions effective.
• Art. 3: Conflict—Muslim Code prevails over general laws in case of conflict, but must not prejudice non-Mu