People v Dumpo

Facts:
Moro Hassan and Mora Dumpo have been legally married according to the rites and practices of the Mohammedan religion. Without the marriage being dissolved, it has been alleged that Dumpo contracted another marriage with Moro Sabdapal after which they lived together as husband and wife.

Dumpo was prosecuted for bigamy in the CFI Zamboanga. Dumpo appealed.

It has been established by the defense, without the prosecution having presented objection or evidence to the contrary, that the alleged second marriage was null and void according to Mohammedan rites on the ground that her father (Moro Jalmani) had not given his consent.

Issue: Whether or not Dumpo was guilty of bigamy.

Held: No. Dumpo was acquitted.

The court formulated that there is no general statement regarding the requisites necessary for the validity of a marriage between Moros according to Mohammedan rites. This is a fact which must be subject to proof in every particular case.

In the case, the uncontradicted testimony of Tahari (Iman or Mohammedans priest authorized to solemnize marriages between Mohammedans) was that the effect of the consent of the father's bride is an indispensable requirement for the validity of such contracts.

It was easy for the prosecution to show that the marriage was void by refuting Tahari's testimony because there were 2 other Imans among the State witnesses in the case, but it failed to do so.

Granting the absolute necessity of the father's consent, tacit compliance may be presumed because it does not appear that Dumpo's father has signified his opposition to the 2nd marriage after he had been informed of its celebration. But this presumption should not be established over the affirmation of Dumpo's father saying that he did not give his consent to the 2nd marriage.

It is an essential element in bigamy that the 2nd marriage have all the essential requisites of a valid marriage. It appearing that the 2nd marriage cannot be considered as such, there is no justification to hold her guilty of bigamy.

Dissent:
There is no quotation from the Koran regarding the essentials of a marriage ceremony. Justice Hull agrees that the evidence relied upon is not worthy of serious consideration. If consent were in fact necessary, it can well be presumed from the subsequent actions of the girl.