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    Nollora JR Vs People

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    Ron Ace
    (1) Nollora was found guilty of bigamy for contracting a second marriage while still legally married to his first wife Jesusa. (2) Though Nollora claimed to have converted to Islam, which allows for multiple wives, his marriages were not in accordance with the Code of Muslim Personal Laws which requires notifying the Sharia court and obtaining consent. (3) The court held that Nollora did not comply with the legal requirements for additional marriages under Muslim law, and his claim of religious exemption did not prevent liability for the crime of bigamy under Philippine law.

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    Nollora JR Vs People

    Uploaded by

    Ron Ace
    77 views3 pages
    (1) Nollora was found guilty of bigamy for contracting a second marriage while still legally married to his first wife Jesusa. (2) Though Nollora claimed to have converted to Islam, which allows for multiple wives, his marriages were not in accordance with the Code of Muslim Personal Laws which requires notifying the Sharia court and obtaining consent. (3) The court held that Nollora did not comply with the legal requirements for additional marriages under Muslim law, and his claim of religious exemption did not prevent liability for the crime of bigamy under Philippine law.

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    Nollora-Jr-vs-People

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    (1) Nollora was found guilty of bigamy for contracting a second marriage while still legally married to his first wife Jesusa. (2) Though Nollora claimed to have converted to Islam, which allows for multiple wives, his marriages were not in accordance with the Code of Muslim Personal Laws which requires notifying the Sharia court and obtaining consent. (3) The court held that Nollora did not comply with the legal requirements for additional marriages under Muslim law, and his claim of religious exemption did not prevent liability for the crime of bigamy under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    77 views3 pages

    Nollora JR Vs People

    Uploaded by

    Ron Ace
    (1) Nollora was found guilty of bigamy for contracting a second marriage while still legally married to his first wife Jesusa. (2) Though Nollora claimed to have converted to Islam, which allows for multiple wives, his marriages were not in accordance with the Code of Muslim Personal Laws which requires notifying the Sharia court and obtaining consent. (3) The court held that Nollora did not comply with the legal requirements for additional marriages under Muslim law, and his claim of religious exemption did not prevent liability for the crime of bigamy under Philippine law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Nollora Jr. vs.

    People of the Philippines


    G.R. No. 191425 September 7, 2011

    Facts: Nollora contracted a subsequent marriage with Rowena on December 8, 2001.


    Nollora was still married to Jesusa (private complainant), and their marriage was
    solemnized on April 6, 1999 at the IEMELIF Church in Bulacan.

    Nollora contented that on January 10, 1992, he converted to Islam, so that he is allowed
    to marry 4 wives under the Islam belief. Being that Jesusa was not Muslim, her consent
    is not needed if he decided to marry another wife.

    Issue: Is Nollora guilty of bigamy?


    Held: Yes, he is guilty of bigamy.

    The circumstances in the present case satisfy all the elements of bigamy.
    (1) Nollora is legally married to Jesusa;
    (2) Nollora and Jesusa’s marriage has not been legally dissolved prior to the date of the
    second marriage;
    (3) Nollora admitted the existence of his second marriage to Rowena; and
    (4) Nollora and Rowena’s marriage has all the essential requisites for validity except for
    the lack of capacity of Nollora due to his prior marriage.

    Indeed, Article 13(2) of the Code of Muslim Personal Laws states that [i]n 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, or Executive
    Order No. 209, in lieu of the Civil Code of the Philippines] shall apply
    Both marriages were not contracted in accordance with the Code of Muslim Personal
    Laws, or PD 1083. Under Muslim laws, 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 objects, an Agama Arbitration Council shall be constituted. If
    said council fails to secure the wife’s consent to the proposed marriage, the Court shall,
    subject to Article 27, decide whether or not to sustain her objection

    To quote the trial court: “Accused Atilano Nollora, Jr., in marrying his second wife, co-accused
    Rowena P. Geraldino, did not comply with the above-mentioned provision of the law. In fact, he did not
    even declare that he was a Muslim convert in both marriages, indicating his criminal intent. In his
    converting to the Muslim faith, said accused entertained the mistaken belief that he can just marry
    anybody again after marrying the private complainant. What is clear, therefore, is [that] a Muslim
    is not given an unbridled right to just marry anybody the second, third or fourth time.
    There are requirements that the Sharia law imposes, that is, he should have notified the
    Sharia Court where his family resides so that copy of said notice should be furnished to
    the first wife. The argument that notice to the first wife is not required since she is not a
    Muslim is of no moment. This obligation to notify the said court rests upon accused
    Atilano Nollora, Jr. It is not for him to interpret the Sharia law. It is the Sharia Court that
    has this authority.”

    . Nollora’s religious affiliation is not an issue here. Neither is the claim that Nollora’s
    marriages were solemnized according to Muslim law. Thus, regardless of his professed
    religion, Nollora cannot claim exemption from liability for the crime of bigamy.

    Nollora asserted in his marriage certificate with Geraldino that his civil status is single.
    Moreover, both of Nolloras marriage contracts do not state that he is a Muslim. Although
    the truth or falsehood of the declaration of ones religion in the marriage certificate is not
    an essential requirement for marriage, such omissions are sufficient proofs of Nollora’s
    liability for bigamy.

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