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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.

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