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re validity of my husband's 2nd marriage under Islam rites

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jingfmags


Arresto Menor
Iam an OFW working for 7 years now abroad. My husband and I did not have a constant communication for three years until now, when I discovered via facebook that he has remarried. But to make it legal they converted to Islam. CAN I SUE THEM? WHAT CASE CAN I FILE?

I am really lost here, If somebody could please help me. Can THIS BE CONSIDERED A FORM OF ABUSE?


Thank You and God bless.

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chanandres97


Arresto Menor
The marriage of your husband under the islamic laws is valid as much as your marriage to him in the civil code is valid. This is an exception to the bigamy. There are decided cases in the SC in this matter. Consult your lawyer if any further actions is made by you.

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attyLLL


moderator
did they convert before or after marrying?


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jingfmags


Arresto Menor
attyLLL wrote:did they convert before or after marrying?

They converted before they got married.

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jingfmags


Arresto Menor
chanandres97 wrote:The marriage of your husband under the islamic laws is valid as much as your marriage to him in the civil code is valid. This is an exception to the bigamy. There are decided cases in the SC in this matter. Consult your lawyer if any further actions is made by you.

Could I have any access to these SC decisions, I'd like to see just for reference.

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jingfmags


Arresto Menor
attyLLL wrote:did they convert before or after marrying?

Could this then constitute concubinage? If not, does this mean that the sharia law is above the constitution of the Philippines?

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attyLLL


moderator
no, the sharia is not above the consti. in fact the consti recognizes the religions of other cultures including islam. and note that congress passed the code of muslim laws.

file a case of bigamy, and argue that their conversion was not in good faith.


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jingfmags


Arresto Menor
[quote="attyLLL"]no, the sharia is not above the consti. in fact the consti recognizes the religions of other cultures including islam. and note that congress passed the code of muslim laws.

file a case of bigamy, and argue that their conversion was not in good faith.

[/quote]
Thank you atty. Just one last thing, by arguing that the conversion was NOT IN GOOD FAITH- would that mean that it is evidence enough that the girlfriend was pregnant at the time of the conversion and the wedding. Proving then that their conversion was just so that they could marry thinking that this would be enough to save the girlfriend her job?

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jingfmags


Arresto Menor
[quote="jingfmags"][quote="attyLLL"]no, the sharia is not above the consti. in fact the consti recognizes the religions of other cultures including islam. and note that congress passed the code of muslim laws.

file a case of bigamy, and argue that their conversion was not in good faith.

[/quote]
Thank you atty. Just one last thing, by arguing that the conversion was NOT IN GOOD FAITH- would that mean that it is evidence enough that the girlfriend was pregnant at the time of the conversion and the wedding. Proving then that their conversion was just so that they could marry thinking that this would be enough to save the girlfriend her job?
[/quote]

May I please Sir, if it is not too much of a hassle, ask
1. about how long do proceedings like this take?
2. Until how many months or years should i be able to file a case for it to still be valid? As I am working abroad and my next vacation might still be a year away.
3. If the case pushes through would it be necessary for me to be present in all the hearings? Or could the lawyer attend to it on his own?
4.Based on your experience, how much would I probably spend?

Thank you very much attyLLL, you have been giving me so much enlightenment. It's good to know that there are still people like you with big hearts, helping confused citizens like me.
God Bless you.

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jingfmags


Arresto Menor
Hi Sir;

What I don't understand is how could a second marriage done under islamic rites not be considered bigamy? So then all the males are free to marry in a civil wedding, convert to islam and then have 4 more wives? how could this be legal.It is tearing my very soul into pieces that my rights as a wife, as a person has been violated and trampled upon. It's as if there's nothing else i can do so i better shut up? There should be something in between that will cause them to pay...please sir, i need your advise. I cannot let this pass anymore. I will end up even more oppressed.

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attyLLL


moderator
this is all greenfield as far as the law on bigamy is concerned. the only case decided by the supreme court was one where the husband converted after marrying for the second time, and this was taken against him as a sign that his conversion was not in good faith but only intended to avoid being charged with bigamy.

as i said, file a case of bigamy. there's no guarantee it will prosper, but at least you did everything you could to strike back.

and you still have the right to receive support.


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jingfmags


Arresto Menor
[quote="attyLLL"]this is all greenfield as far as the law on bigamy is concerned. the only case decided by the supreme court was one where the husband converted after marrying for the second time, and this was taken against him as a sign that his conversion was not in good faith but only intended to avoid being charged with bigamy.

as i said, file a case of bigamy. there's no guarantee it will prosper, but at least you did everything you could to strike back.

and you still have the right to receive support.[/quote]


Here are some details that might help clear the air. pregnancy started: May 2010
conversion was on: July 2010
Wedding : August 2010
The girl works as a teacher in a public school and was impregnated before their conversion.

There was this message I sent on my husband's profile ( as a private message) and I knew she was the one who answered ( because she was answering me in english, my husband is not as fluent in english )
1. SHE STATED THAT SHE HAD A JOB TO PROTECT
2. SHE ALSO CONFIDENTLY STATES THAT THIS IS NOT BIGAMY BECAUSE A MUSLIM WEDDING IS AS LEGAL AS A CIVIL WEDDING
3. THEY STILL PREPARED ROAST PIG ON THEIR DAUGHTER'S BIRTHDAY, A YEAR AFTER THEY CONVERTED.

Would this not be enough to prove that they used Islam to be able to escape a bigamy case and protect her job?

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attyLLL


moderator
jing, i can say yes, but the prosecutor may rule differently. in my opinion, your complaint would be seriously considered, and that is the best i can say without giving false hope.


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jingfmags


Arresto Menor
[quote="attyLLL"]jing, i can say yes, but the prosecutor may rule differently. in my opinion, your complaint would be seriously considered, and that is the best i can say without giving false hope.[/quote]

Are bigamy cases that hard to prove? How, may I know would the prosecutor rule differently? Anyway, if I win this case what would be the effect on this government teacher? And if I don't, can the teacher file a case against me, like defamation or something? What is the best thing that I can do? Would annulment be a better option?

Thank you very much atty. you have been keeping me sane. God bless u!

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attyLLL


moderator
the only way to find out is to actually file the case. just assert that there are two marriage certificates and that it is your husband in both of them and the woman knew he was married.


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jingfmags


Arresto Menor
Hi attyLLL,

Is there a time frame from the time that I discovered this truth,that I should be able to file a case of bigamy?

If I ask for dissolution of our marriage, should we still go through an annulment or the divorce according to sharia law suffice?

Thank you so much for your time and effort. God bless u!

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attyLLL


moderator
the prescriptive period is 15 years.

i'm afraid i don't feel competent answering any question regarding sharia law, but offhand opinion, your marriage was under the civil code and can be dissolved only under that law.


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mn20


Arresto Menor
My sister got married last 2002 and she has 2 sons. Before sa Saudi sila nakatira kasama ng asawa nya..nakahanap ng bagong babae ang asawa nya at pinauwi ang mag iina dito sa pilipinas para magkasama sila ng bago nyang babae....sa una isinisisi ni lalake sa kapatid ko ang paghihiwalay nila kaya napilitan umuwi ng pilipinas ang kapatid ko at mga anak nya. Minsanan lang kung magpadala ng financial support sa kapatid ko ang asawa nya. Nabalitaan namin na nagpaconvert na pala sa muslim ang asawa nya at pinakasalan nya ang babae nya sa dubai. Pwede po ba ako as kapatid ang magsampa ng kaso laban sa asawa ng kapatid ko? Anong kaso po ang pwedeng isampa ng kapatid ko sa ex nya?Salamat po.

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AWV


Reclusion Perpetua
Kapatid ka lang hindi ikaw ang asawa panu ka maka sampa ng demanda?
Kapag nag convert ng muslim religion hindi basta basta mahabang process ang ginagawa. Under Sharia law ang mga Muslim ay allow ang polygamous relationship. Hindi basta basta ma aprove ang pag papa convert at pag embrace ng islam.
Sustento na lang sa mga bata ang mahahabol nya! ireklamu nya at hindi ikaw ng Violence against woman and children Act.

Sus ginuu ka pud! di mu ba narinig yung kaso ni Robin Padilla! nag pa convert sya kaya nakapagpakasal sya ulit! Sa Pinas pa hindi pa sa Saudi ha! Tapus nadun pa kaya sa Saudi ang bayaw mu!

mn20 wrote:My sister got married last 2002 and she has 2 sons. Before sa Saudi sila nakatira kasama ng asawa nya..nakahanap ng bagong babae ang asawa nya at pinauwi ang mag iina dito sa pilipinas para magkasama sila ng bago nyang babae....sa una isinisisi ni lalake sa kapatid ko ang paghihiwalay nila kaya napilitan umuwi ng pilipinas ang kapatid ko at mga anak nya. Minsanan lang kung magpadala ng financial support sa kapatid ko ang asawa nya. Nabalitaan namin na nagpaconvert na pala sa muslim ang asawa nya at pinakasalan nya ang babae nya sa dubai. Pwede po ba ako as kapatid ang magsampa ng kaso laban sa asawa ng kapatid ko? Anong kaso po ang pwedeng isampa ng kapatid ko sa ex nya?Salamat po.

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attyLLL


moderator
AWV, sorry but i would request you to tone down your criticisms. people come to this forum looking for legal advice, not judgment.

mn20, check at the nso if the second marriage was registered in the nso. any person can file a case of ra 9262 or bigamy, and that includes you. but what is important is evidence.


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AWV


Reclusion Perpetua
Sya pu kasi ang nauna eh! Sad di naman ako marunong bumatak inum lang ang bisyu ko! Cool

mn20 wrote:Hanep sa comment si AWV...parang sya ang laging tamang hinala...Pre, baka naman ikaw ang bumabatak... Twisted Evil

Oki! sori pu! piro Attorney ang muslim po eh ibang kasu yun! kaya nga malakas loob ng asawa nya eh kasi nga nag convert na sya. so di na sya sakup ng bigamy gawa ng Sharia law. saka sa Dubai pinakasalan eh mga muslim din mga nakatalaga sa Embahada doon kaya alam nila ang lagay at right nya. kasi bagu yan sila pakasal naka advertise yan ng 1 month at naka forward sa DFA yan. kaya kung may umapila ayus sya! mas maganda pa kung kasuhan nya ng abandonment para sa maintenance nya sa mga anak nya at Violence against woman and children Act. yun lang po! sori po ulit! Very Happy

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mn20


Arresto Menor
Hoy AWV abogado ka ba? ang yabang mo magsalita. Ikaw siguro ang pusher sa Davao kaya ang lakas ng trip mo. Dapat sayo binaban dito. Kaya nga nagtatanong ang mga tao dito kasi hindi malinaw ang batas para sa amin at libre pa. Salamat kay attyLLL at sa lahat ng abogadong tumutulong at nagbibigay ng advice sa mga sumasali sa site na ito.

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mn20


Arresto Menor
AttyLLL, salamat sa reply ninyo. Nakakuha ang kapatid ko ng CENOMAR nung babaeng kinakasama nung asawa nya. Hindi pa ata napaparehistro dito sa pinas yun kasal nila sa dubai (kung totoo man yun) kasi masyadong mayabang yun babae kesyo kasal na daw sila ng asawa ng kapatid ko kaya walang karapatan na maghabol ang kapatid ko. Masyadong proud yun kabet na magpopost ng picture sa facebook kaya hiyang hiya yun mga pamangkin ko sa school kasi lagi sila tinutukso ng mga kaeskwela nila. Bukod po sa bigamy, anong kaso po ang maari namin maisampa laban sa babae at sa asawa ng kapatid ko?pwede ba ako ang magsampa ng kaso?Sa muli, maraming salamat po sa inyo sagot.

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attyLLL


moderator
guys, stop the fight or i will close this thread.

mn20, yes you can be the one to file the case. you will need the two marriage certificates and proof that they converted to islam in order to bypass the law, good luck


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AWV


Reclusion Perpetua
I doubt na pansinin ang kaso mu sa Dubai! Puro Muslim ang naka assign sa embahado at para pansinin ang kaso mu kailangan nandun ka rin! Di mo ba Alam galing ako dun! At walang addict sa Davao ogag! Nilinis na ng gobyerno Razz Twisted Evil at Hindi talaga nila I forward ang MC sa Pinas Kahit saang embahado ng Middle East dahil kasal ng Muslim yan kaya protektado ang dokumento nila. Sa Sharia law lang Ito naka endorse lalo na Merung nauna ng kasal sa Catholic Magbasa ka kaya ng Sharia law. Para malaman mo na bago sila ma convert dumadaan sila sa prosesso. Evil or Very Mad magyayabang nga dahil protektado sya dahil kasal din sya wala kang magagawa sa babaeng asawa sa asawang lalaki Lang meron! tongue At sino ka naman para pigilan ang pag post n'ya sa Facebook eh karapatan n'ya yun! Eh Di I block nyo sya para Di nyo makita ang mga pictures nila! Tinittingnan nyo yata para torturin ang sarili nyo eh! Lalo Lang kayong aasarin dahil asar talo Lang ang Laban dyan! Rolling Eyes

mn20 wrote:AttyLLL, salamat sa reply ninyo. Nakakuha ang kapatid ko ng CENOMAR nung babaeng kinakasama nung asawa nya. Hindi pa ata napaparehistro dito sa pinas yun kasal nila sa dubai (kung totoo man yun) kasi masyadong mayabang yun babae kesyo kasal na daw sila ng asawa ng kapatid ko kaya walang karapatan na maghabol ang kapatid ko. Masyadong proud yun kabet na magpopost ng picture sa facebook kaya hiyang hiya yun mga pamangkin ko sa school kasi lagi sila tinutukso ng mga kaeskwela nila. Bukod po sa bigamy, anong kaso po ang maari namin maisampa laban sa babae at sa asawa ng kapatid ko?pwede ba ako ang magsampa ng kaso?Sa muli, maraming salamat po sa inyo sagot.

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