(PART 2) Case #91 Nollora, Jr. Vs People

ATILANO O. NOLLORA, JR. vs. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 191425 September 7, 2011
CARPIO, J.
ELEMENTS OF BIGAMY: Under Article 349. 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.
MARRIAGE IN MUSLIM: The principle in Islam is that 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.
Arbitration is necessary.
PROCESS OF CONDUCTING SUBSEQUENT MARRIAGE IN MUSLIM: Any Muslim husband

desiring to contract subsequent marriages, before so doing, shall notify the Sharia 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 object; an Agama Arbitration Council shall be constituted. If said
council fails to secure the wifes 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).
MARRIAGE BETWEEM A MUSLIM AND NON-MUSLIM: 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, in lieu of the Civil Code of the Philippines shall apply (Art. 13
par. 2 of the Code of Muslim Personal Laws).
RULING: The invocation of his religious beliefs and practices to the prejudice of the non-Muslim
women who married him pursuant to Philippine civil laws cannot be sustained. Nolloras two
marriages were not conducted in accordance with the Code of Muslim Personal Laws, hence
the Family Code of the Philippines should apply. Nolloras claim of religious freedom will not
immobilize the State and render it impotent in protecting the general welfare.
There is therefore a recognition written into the law itself that such a marriage, although void ab
initio, may still produce legal consequences. Among these legal consequences is incurring
criminal liability for bigamy. To hold otherwise would render the States penal laws on bigamy
completely nugatory, and allow individuals to deliberately ensure that each marital contract be
flawed in some manner, and to thus escape the consequences of contracting multiple
marriages, while beguiling throngs of hapless women with the promise of futurity and
commitment.
FACTS: Jesusa Pinat Nollora and Atilano O. Nollora, Jr. met in Saudi Arabia while the former
was working as a Staff Midwife in King Abdulah Naval Base Hospital. Nollora courted her and
on April 6, 1999, they got married at the [IE]MELIF Chruch in Sapang Palay, San Jose del
Monte, Bulacan.
While working in said hospital, Jesusa 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 in the Philippines, she learned that indeed, Atilano contracted a second marriage
with co-accused Rowena P. Geraldino on December 8, 2001 when she secured a certification
as to the civil status of Atilano from the National Statistics Office sometime in November 2003.
Jesusa then filed a criminal case of bigamy against Atilano and Rowena.
Accused Atilano admitted having contracted two (2) marriages, the first with private complainant
Jesusa and the second with Rowena. He, however, claimed that he was a Muslim convert way
back on January 10, 1992, even before he contracted the first marriage with the private
complainant. As a Muslim convert, he is allegedly entitled to marry four (4) wives as allowed
under the Muslim or Islam belief.
Accused Rowena P. Geraldino alleged that she was only a victim in this incident of bigamous
marriage. She claimed that she does not know the private complainant Jesusa Pinat Nollora
and only came to know her when this case was filed.
ISSUE: Whether or not Atilano is guilty beyond reasonable doubt of the crime of bigamy?

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ATILANO O. NOLLORA, JR. vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 191425 September 7, 2011

1. That the offender has been legally married.

3. That he contracts a second or subsequent marriage.

PROCESS OF CONDUCTING SUBSEQUENT MARRIAGE IN MUSLIM: Any Muslim husband

MARRIAGE BETWEEM A MUSLIM AND NON-MUSLIM: In case of a marriage between a

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