Conversion to Islam to remarry and circumvent the laws on bigamy generates legal tensions as it exploits the protective mantle of religious freedom under the Constitution.
The absence of divorce law and the time and expense needed for a declaration of marriage nullity sometimes constrains couples to explore other options.
However, people should be wary of resorting to other methods which could lead to criminal prosecution like in the recent Supreme Court case Malaki and Salanatin-Malaki vs. People of the Philippines (G.R. No. 221075. November 15, 2021). Read the full text here.
A person who converts to Islam and then contracts a second marriage while the previous one remains legally in effect will be accused of bigamy, said the Supreme Court.
This means that conversion to Islam in this scenario does not exempt one from criminal liability. Worse, the spouse in the subsequent marriage will also be liable for bigamy.
“A party to a civil marriage who converts to Islam and contracts another marriage, despite the first marriage’s subsistence, is guilty of bigamy. Likewise guilty is the spouse in the subsequent marriage.” “This Court should not condone practices which circumvent laws in the guise of preserving culture”.
The crime carries a penalty of imprisonment of up to 12 years.
Parties cannot avoid liability by arguing that the Muslim Code governs because Article 13(2) of the Muslim Code expressly states that the Civil Code governs marriages where one or both parties are non-Muslims and the marriage was not solemnized in Muslim rites.