Professional Documents
Culture Documents
[4] Sec. 19, B.P. Blg. 129, as amended, otherwise known as The Judiciary Reorganization
Act of 1980.
[5] Sec. 2, Rule 4, 1997 Rules of Civil Procedure, as amended.
[6] Sandel v. Court of Appeals, G.R. No. 117250, 19 September 1996, 262 SCRA 109.
[8] Bernardo v. Court of Appeals, G.R. No. 120730, 28 October 1996, 263 SCRA 660.
ISSUE:
1. Whether or not the Shari’a Court and not the Regional
Trial Court has jurisdiction over the subject case and the
nature of action?
ISSUE:
1. The Court held that the Regional Trial Court has
jurisdiction over the subject case. Under the Judiciary
Reorganization Act of 1980, the Regional Trial Courts
have jurisdiction over all actions involving the contract
of marriage and marital relations. There should be no
question by now that what determines the nature of an
action and correspondingly the court which has
jurisdiction over it are the allegations made by the
plaintiff in this case.
Muslim Code
Muslim Code; The Effect of People vs. Subano and People vs. Dumpo
51
TSN, Oral Argument, p. 24; Memorandum of Amicus Curiae, p. 14.
[1]
Record, p. 14.
[2]
Exhs. C-1, D-1 & E-1.
[3] Record, p. 20.
[8] These banks were allegedly: (1) United Coconut Planters Bank; (2) Solidbank; (3) Far East Bank and
Trust Company; (4) Philippine Commercial and Industrial Bank; (5) Bank of the Philippine Islands;
(6) Metrobank; (7) Philippine National Bank; (8) Land Bank of the Philippines, and (9) Development
Bank of the Philippines.
[9] Record, pp. 50 & 59.
[21] Order of September 26, 1994, pp. 12-13; Rollo, pp. 25-56.
[26] Retired Justice of the Court of Appeals and former Minister of Justice, author, noted civil law
professor, and law practitioner. He was also a member of the Family Code Revision Committee.
[27] Former Congressman, law practitioner, and member of the Presidential Code Commission which
succession and inheritance, and property relations between spouses. Muslim Code, Art. 7, par. (i).
[35]Commisioner vs. Lingayen Gulf E;ectric Power Co., 164 SCRA 27; Castro vs .. Collector of Internal
[39] The Marriage Law, approved on December 4, 1929, preceded the Civil Code of 1950 and was the
provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person
married in accordance with the provisions of this (Muslim) Code or, before its effectivity, under
Muslim law.
[41]
Adriano vs. Court of Appeals, G.R. No. 124118, March 27, 2000; Belcodero vs. Court of Appeals,
227 SCRA 303; Juaniza vs. Jose, 89 SCRA 306; Camporodendo vs. Aznar, 102 Phil. 1055; Osmea vs.
Rodriguez, 54 O.G. 5526; Malajacan vs. Rubi, 42 O.G. 5576.
[42] In Osmea vs. Rodriguez, supra, the Court ruled that a parcel of land acquired in the subsistence of
a prior valid marriage did not belong to the conjugal estate of such marriage, in the face of evidence
submitted by the common-law wife that such land was her exclusive property.
[43] Civil Code, Art. 160; Adriano vs. Court of Appeals, supra; Belcodero vs. Court of Appeals, supra.
[45] The 20-year period expired on June 13, 1969, considering that there were five leap years (1952,
1956, 1960, 1964 and 1968) since the approval of R.A. 394 in 1949.
[46] Divorce provisions are now embodied in Articles 45 to 55 of the Muslim Code. Under Article 13 of
the same Code, the provisions on divorce apply to marriages wherein both parties are Muslims, or
wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim
law or this Code in any part of the Philippines.
[47] Memorandum of Amicus Curiae, p. 9.
[48] Ibid., pp. 9, 27, 35-37, 42. Congressman Mastura particularly suggests that the Court take judicial
notice of the principle of sa-pancharian on property acquired through the joint efforts of the husband
and wife, judicially recognized by the Muslim courts of Malaysia and Singapore and also allegedly
practiced as custom by Muslims in Mindanao.
[49] Ibid., pp. 12, 18; TSN, Oral Argument, pp. 15-17.
DECISION:
GRIÑO-AQUINO, J.:
FACTS:
Petitioner Jocelyn Rulona-Al Awadhi, a Roman Catholic,
and Respondent Nabil Al-Awadhi, a Kuwaiti national, were
married in Kuwait. The petitioner resides with their three
children in Sta. Cruz, Calape, Bohol, while the private
respondent resides at Tagbiliran City.
Petitioner filed an action for support and guardianship of
their three minor children in the Regional Trial Court,
Branch 2 in Tagbiliran City. Her husband, the defendant,
filed in the same court a motion to be allowed joint parental
authority over the children. However, without waiting for
the order of the Tagbiliran Court, defendant filed a petition
for custody and guardianship of their children in the Fourth
Shari’a District Court in Marawi City, docketed therein as
Special Proceeding No. 011-87.
Petitioner filed a motion to dismiss the said petition, which
was then denied by the Shari’a District Court based on Sec.
13 (a) 0f the Special Rules of Procedure in the Shari’a Courts
stating that the court shall not allow the filing of motion to
dismiss or squash. She then filed a Petition for Review on
Certiorari, assailing the order of the Shari’a Judicial District
Court.
HELD:
No. Art. 13 Title II of the Code of Muslim Personal Laws
of the Philippines only applies to marriages between Muslims
or wherein only the male party is a Muslim and that it is
solemnized in the Philippines. The husband is not a
Philippine Muslim, but a Kuwaiti national and that his
marriage with the petitioner was solemnized not in the
Philippines but in Kuwait. Moreover, Art. 3 of the Muslim
Code is applicable only to Muslims, thus the applicayion of
the said Code to the Christian wife will be prejudicial to her.
Lastly, the parties do not reside within the Fourth Shari’a
District. Therefore, as nether the petitioner nor the private
respondent and their children live in or are members of these
communities, they do not come within the ambit of the
Shari’a Court’s jurisdiction.
All the proceedings in Special Proceeding No. 011-87 of
the Fourth Shari’a District at Marawi City are annulled and
the petition therein is dismissed. Costs against the private
respondent.