People vs. Bitdu GR No: 38230, November 21, 1933 Ponente: Vickers, J.

Topic: Mistake of the Law Belief her Divorce was valid FACTS: Appeal for the decision of the Court of First Instance in Zamboanga. Mora Bitdu, 17 years old, was married to Moro Halid before an Imam in Zamboanga in accordance with Mohammedan rites more than 12 years ago. About 7 months, she was also married to Moro Hajirol before a Hadji, in accordance to Mohammedan tradition. She claims that she contracted her second marriage only after her divorce with her first husband, this having taken place before Datu Gaviao. She was charged with bigamy, though the Solicitor General agreed with the appellants lawyer in recognizing that she did not possess the criminal intent to be considered guilty of the crime. Nevertheless, her divorce was not recognized, and the court held the opinion of having Bitdu sent to the Philippine Training School in Mandaluyong, until she reaches the age of majority. ISSUE: Whether or not (1)the alleged divorce took place in accordance with Mohammedan customs; (2) assuming the divorce took place in accordance to such customs, is such divorce legal? HELD: Decision appealed from is affirmed, with the costs against appellant. The court recognizes that both marriages were contracted according to tradition, but was unsatisfied to accept that the divorce follows rules stated in the Koran. The court adds that even if it did, laws governing marriage are moral in nature and as such are laws relating to public policy. Customs cannot have precedence over the laws. Although appellant acted in good faith, everyone is presumed to know the law and in violating it, is not exempt from the consequences. Section 25 of the Marriage Law (Act 3613) provides that marriages between Mohammedans may be performed according to their religious practices, but no provision of the law exists the granting of divorce in accordance to their rites or practices. Act 2710, the statute that grants for divorce in the Philippine Islands, only provides two grounds: Adultery on the part of the wife, or concubinage on the part of the husband. Any divorce obtained for causes and under other conditions, are invalid, with no legal effect.