People v. Bitdu, (Page 72) GR. No.

L- 38230; November 21, 1933

FACTS:
Mora Bitdu contracted two marriages, one with Halid and another with Hajirol. However, she claimed
that her subsequent marriage with Hajirol took place after she had been divorce with her first husband
in accordance with Mohammadedn customs.

ISSUE:
(1)WON the alleged divorce took place in accordance with Mohammedan customs.
(2) Whether or not such divorce is legal.

Held:

(1) The defense presented no evidence to show that the conditions prescribed by the Koran had been
complied with by the parties when they obtained their divorce before Datu Cuevas. Said divorce
therefore between the defendant and Halid does not satisfy the conditions prescribed by the Koran and
consequently said divorce seems to be of doubtful religious validity.

(2)Section 25 of the Marriage Law (Act No. 3613) provides that marriages between Mohammedans may
be performed in accordance with the rites or practice of their religion, but there is no provision of law
which authorizes the granting of divorces in accordance with the rites or practices of their religion.