LLAVE VS REPUBLIC OF THE PHILIPPINES AND TAMANO GR.

No. 169766, March 30, 2011

FACTS:
Months before his death, Senator Tamano married Estrellita twice initially
with the Islamic ceremony and tradition, and subsequently under a civil
ceremony. During his marriage with Estrellita he indicated in his civil
status that he was divorced. Since then she claimed to the whole world that
she is the legal wife of Senator Tamano, and upon the latters death, his
widow.
Meanwhile Haja Putri Zorayda A. Tamano and her son Adib Ahmad A.
Tamano filed an action for the declaration of the nullity of the marriage for
being bigamous. Zorayda contends that her marriage with Tamano is still
subsisting and thus under the Family Code the subsequent marriage of Sen.
Tamano with Estrellita should be declared null and void
ISSUE:
Whether or not the divorce indicated by Sen. Tamano is controlling even if
the marriage was solemnized not only in Muslim rites but also in civil
ceremony.
Ruling:
No. The marriage between Zorayda and Tamano was initially solemnized
under the Civil Code of 1950, accordingly divorce was not recognized at
that time except during the effectivity of RA no. 394 which they did not
avail. Even though they were married subsequently under the Muslim rites
it cannot apply to Zorayda and Tamano pursuant to the provisions of
Article 13 of PD 1083 which states that the law applies to marriage and
divorce wherein both parties are Muslims, or wherein only the male party
is a Muslim and the marriage is solemnized in accordance with Muslim
law or this code in any part of the Philippines, but this does not apply to
marriage which was celebrated in both Civil and Muslim rites.
Moreover, the Muslim Code took effect only on February 4, 1977, and this
law cannot retroactively override the Civil Code which already bestowed
certain rights on the marriage of Sen. Tamano and Zorayda. The Muslim
Code explicitly provided for the prospective application of its provisions
unless otherwise provided. It was held that in case of doubt it would be
resolved against the retroactive operation of the laws

One instance of retroactive application of Muslim Code is Article 186(2)

which states:
A marriage contracted by a Muslim male prior to the effectivity of this
code in accordance with non-Muslim law shall be considered as one
contracted under Muslim law provided the spouses register their mutual
desire to this effect.
Even granting that there was registration of mutual consent for the
marriage to be considered as one contracted under the Muslim law, the
registration of mutual consent between Zorayda and Sen. Tamano will still
be in effective, as both are Muslims whose marriages was celebrated under
both civil and Muslim laws. Besides, as we have already settled, the Civil
Code governs their personal status since this was in effect at the time of the
celebration of their marriage. In view of Sen. Tamanos prior marriage
which subsisted at the time Estrellita married him, their subsequent
marriage is correctly adjudged by the CA as void ab inito.