FACTS: Atilano Nollora
Jr was married to Jesus Nollora. Their marriage was still subsisting when he
contracted a 2nd marriage with Rowena Geraldino, who is herself aware of his
marriage with Jesusa but still agreed and contracted marriage with him.
ISSUE: W/N the 2nd
marriage is bigamous and null and void ab initio.
HELD: Yes. Under Art
349 of the RPC, the marriage is bigamous and pursuant to Art 35 of the Family
Code, it is void ab initio. Nollora’s religious affiliation is inapplicable
here. Neither of his marriages were solemnized under the Muslim Law. The SC
ruled that his two marriages were not conducted according to the Code of
Muslim. Hence, his religious affiliation may not be used as a defense.
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