MAGTIRA, John Michael B.

MAMISCAL v. ABDULLAH
A.M. No. SCC-13-18-J, July 1, 2015

If administratively charged not in his capacity as an officer performing judicial

functions but as an officer performing executive functions, a Clerk of Court of the
Shari’a Circuit Court, in accordance with the principle of separation of powers, the
task of disciplining does him does not fall upon the Supreme Court (SC) but on the
Office of the Mayor and then the Civil Service Commission (CSC).

FACTS:

Respondent Adullah is a Clerk of Court of a Shari’a Circuit Court in Marawi

City. On March 24, 2011, Abdullah issued a Certificate of Divorce and,
subsequently, a Certificate of Registration of Divorce (CRD) finalizing the divorce
between Petitioner Mamiscal and Adelaidah under pertinent Muslim Laws.
Mamiscal contended that the issuance of the CRD was tainted with irregularity,
charging Abdullah with administrative charges before the Supreme Court.

ISSUE:

WON the Supreme Court has jurisdiction to impose sanctions on an erring

Clerk of Court of the Shari’a District Court.

HELD:

NO, it does not have such jurisdiction because said Clerk of Court is being
charged administratively in relation to his function as a Circuit (or Civil) Registrar.

Under Article 81 of the Muslim Code, the Clerk of Court of the Shari’a
District Court shall also act as District (or Civil) Registrar of Muslim Marriages,
Divorces, Revocations of Divorces, and Conversions within the territorial
jurisdiction of said court. Thus, it becomes apparent that the Clerk of Court of the
Shari’a Circuit Court enjoys the privilege of wearing two hats: first, as Clerk of
Court of the Shari’a Circuit Court, and second, as Circuit Registrar within his
territorial jurisdiction.

Also, under the Local Government Code and the Administrative Code of
1987, the municipal and city mayors of the respective local government units, in
addition to their power to appoint city or municipal civil registrars are also given
ample authority to exercise administrative supervision over civil registrars.
 Likewise, under the Revised Uniform Rules on Administrative Cases in the
Civil Service the Civil Service Commission (CSC), as the central personnel agency of
the government, has the power to appoint and discipline its officials and employees,
among these the civil registrar and to hear and decide administrative cases
instituted by or brought before it directly or on appeal. It exercises concurrent or
appellate jurisdiction over such cases.

Thus, since the complaint seeks to hold Abdullah liable pursuant to his
duties as Circuit Registrar of Muslim divorces, it should be referred to the Office of
the Mayor, Marawi City and to the CSC.