People vs Bitdu Case Digest

Font: Louisianne

Type of Pen: Pilot Parallel Calligraphy Pen 3.8mm

G.R. No. L-38230, November 21, 1933

Justice Vickers

FACTS: 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. 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, said divorce having taken place before Datu Gavino Cuevas, of Isabela de Basilan.

ISSUE: whether the divorce of the marriage is valid in accordance with the Philippine laws

HELD: No. A divorce cannot be had except in that court upon which the state has conferred jurisdiction, and then only for those causes and with those formalities which the state has by statute prescribed.

Section 25 of the Marriage Law (Act No. 3613) provides that marriages between Mohammedans may be performed in accordance with the rites or practice of their religion, but there is no provision of law which authorizes the granting of divorces in accordance with the rites or practices of their religion.

It is conceded in all jurisdictions that public policy, good morals, and the interests of society require that the marriage relation should be sounded with every safeguard and its severance allowed only in the manner prescribed and for the causes specified by law. And the parties can waive nothing essential to the validity of the proceedings.