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    4 PP vs. Bitdu

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    Gabriel Dominguez
    The defendant is guilty of bigamy. Under Philippine law, divorce must follow specific legal procedures and grounds. Customary divorces according to religious practices are not recognized. While the defendant claims she divorced her first husband according to Mohammedan customs and believed the divorce was valid, ignorance of the law is not a defense.

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    4 PP vs. Bitdu

    Uploaded by

    Gabriel Dominguez
    24 views2 pages
    The defendant is guilty of bigamy. Under Philippine law, divorce must follow specific legal procedures and grounds. Customary divorces according to religious practices are not recognized. While the defendant claims she divorced her first husband according to Mohammedan customs and believed the divorce was valid, ignorance of the law is not a defense.

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    4 Pp vs. Bitdu.docx

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    The defendant is guilty of bigamy. Under Philippine law, divorce must follow specific legal procedures and grounds. Customary divorces according to religious practices are not recognized. While the defendant claims she divorced her first husband according to Mohammedan customs and believed the divorce was valid, ignorance of the law is not a defense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    4 PP vs. Bitdu

    Uploaded by

    Gabriel Dominguez
    The defendant is guilty of bigamy. Under Philippine law, divorce must follow specific legal procedures and grounds. Customary divorces according to religious practices are not recognized. While the defendant claims she divorced her first husband according to Mohammedan customs and believed the divorce was valid, ignorance of the law is not a defense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    4. Pp vs.

    Bitdu

    Facts:

    This is an appeal from the following decision of Judge A. Horilleno in Mora Bitdu was
    married to Moro Halid before an Imam in Lamitan of this Province of Zamboanga in
    accordance with Mohammedan rites more than twelve years ago, and that about seven
    months ago she was also married to Moro Hajirol before a Hadji in accordance with
    Mohammedan customs.

    the accused contracted two marriages, one with Halid and another with Hajirol. She
    claims, however, that the second marriage contracted by her with Hajirol took place
    after she had been divorced from her first husband Halid in accordance with
    Mohammedan customs.

    the Court of First Instance of Zamboanga convicted her of bigamy and ordered her to be
    sent to the Philippine Training School in Mandaluyong, Rizal.

    The attorney for the defendant alleges that the lower court erred in finding that the
    accused committed the crime of bigamy, and in ordering her to be sent to the Philippine
    Training School in Mandaluyong, Rizal.

    Appellant's attorney admits that the appellant was twice married as alleged in the
    information, but contends that she was divorced from first husband in accordance with
    Mohammedan religious practices, and that said divorce was valid; that if it be true that
    said divorce is not in accordance with Act No. 2710 of the Philippine Legislature, the
    appellant is nevertheless not guilty of bigamy, because she believed that she had been
    validly divorced and had no criminal intent when contracted the second marriage.

    Issue:

    Whether or not divorce in accordance with Mohhamedan custom is legal?

    Whether or not the defendant is guilty of bigamy.

    Held:
    1. In the Philippine Islands we have a law (Act No. 2710) enumerating the
    causes and the conditions under which divorce may be secured and
    granted. Any divorce obtained in the Philippine Islands of causes and
    under conditions other than those enumerated in said law, would have
    no legal effect. The habits and customs of a people, the dogmas and
    doctrines of a religion cannot be superior to or have precedence over
    laws relating to public policy, because as stated above laws relating to
    marriage and its incidents are normal in nature and as such they affect
    public policy.

    The court therefore is of the opinion that even if the divorce alleged by the
    defense was secured in conformity with Mohammedan doctrines, such
    divorce cannot prevail against the Divorce Law of the Philippine Islands
    prescribing the causes and conditions under which divorce may be obtained.
    In this case, as above demonstrated, the divorce in question has not been
    obtained in accordance with the law.

    2. Yes. With respect to the contention that the appellant acted in good faith in
    contracting second marriage, believing that she had been validly divorced
    from her first husband, it is sufficient to say that every one is presumed to
    know the law, and the fact that one does not know that is act constitutes a
    violation of the law does not exempt him from the consequences thereof.

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