Republic of the Philippines

SECOND SHARI'A CIRCUIT COURT

Third Shari'a Judicial District
Zamboanga City
KHALIDA HANNAH ASALI, Civil Case o! "#$%%
Plaintiff
&& versus ' (or) SUPPORT
BENHAZIR TAHIL,
Defendant!
*& & & & & & & & & & & & & & &*
C O M P L A I N T
COMES NOW the plaintiff, by counsel, and unto this +onorable Court,
most respectfully alleges)
$! That plaintiff is of legal age and a resident of Divisoria, Zamboanga City,
,hile defendant is also of age and a resident of Sta! Catalina, Zamboanga
City-
2. That plaintiff is the la,fully ,edded ,ife of the defendant, their marriage
having been solemni.ed and consummated in accordance ,ith /uslim
0a, on 1ctober "2, 3""4 by and before Imam 5l&Rafi 6usop at 7arden
1rchid +otel, 7overnor Camins 5venue, Zamboanga City! 5 photocopy of
the marriage contract bet,een them is hereto attached as 5nne* 858 and
made as an integral part of this complaint-
#! That plaintiff and defendant, during the e*istence of their marriage, begot
on 5ugust 3$, 3""4 a child, 5yesha +annah Tahil-
9! That on (ebruary 3""%, defendant abandoned plaintiff and her minor child
for another ,oman ,ith ,hom he presently cohabits, ,ithout ho,ever
divorcing plaintiff-
4! That since said date, defendant failed and refused and still fails and
refuses to provide plaintiff and her child maintenance and support-
2! That defendant is presently a member of Philippine Drug :nforcement
5gency ;PD:5< presently assigned at PD:5 =, >pper Calarian,
Zamboanga City ,ith a monthly net salary of T,enty Thousand (our
+undred (ifty Pesos ;P3",94"!""< ,hile plaintiff depends on charity of
close relatives for the support of herself and her minor child and is ,ithout
any means of livelihood-
%! That for the proper maintenance and support of plaintiff and her child,
plaintiff needs a monthly allo,ance of Ten Thousand Pesos ;P$","""!""<
or half of his salary ,hich amount is ,ell ,ithin the financial resources of
the defendant to provide!
WHEREFORE, it is most respectfully prayed of this +onorable Court that,
after notice and hearing, ?udgment be rendered ordering defendant)
;$< to give plaintiff a monthly allo,ance of P$","""!"" payable in
advance on or before the fifteenth day of the month-
;3< to give plaintiff, by ,ay of support pendente lite, a monthly
allo,ance of P$","""!"", the first of ,hich to start retroactively to the first
day of this month, and the subse@uent ones payable in advance on or
before the fifteenth day of the succeeding month!
;#< to pay the costs of this suit!
Plaintiff further prays for such other reliefs deemed ?ust and e@uitable
under the premises!
$9 5pril 3"$9, Zamboanga City, Philippines!
DOROTHY GRACE C. DOROJA
Counsel for the Plaintiff
3
D
(loor, 5! /endo.a Aldg!, Beterans 5ve!,
Zamboanga City
CAP 1!R! "="3$"4 #D$%D"E
PTR 1! "E3EEE =D3=D"=
Copy furnished)
NUR-AISHA DAGBUSAN
Counsel for the Defendant
#
RD
(loor!, Fa,asa Aldg!, Beterans 5ve!,
Zamboanga City
CAP 1!R! 49#3$ 2D3"D$"
PTR 1! =E%249 ED3=D$"
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
Republic of the Philippines<
C i t y o f Zamboanga< S!S!
I, KHALIDA HANNAH ASALI, after having been s,orn deposes and
says) That she is the plaintiff in the above&entitled case- That she caused the
preparation of the foregoing complaint- That she has read and understood its
contents- That to her o,n Gno,ledge the allegations thereof are true and
correct- That she hereby certifies that she has not heretofore commenced any
other action or proceeding involving the same issues before the Supreme
Court, the Court of 5ppeals, or any other Tribunal or agency, and to her o,n
Gno,ledge no such action or proceeding is pending before said courts- That
should she learn hereafter that a similar action or proceeding has been filed
or pending before the Supreme Court, the Court of 5ppeals, or any other
tribunal or agency, she undertaGes to report the same to this +onorable Court
,ithin five ;4< days therefrom!
HEREUNTO set her hand this $9
th
day of 5pril 3"$9, at Zamboanga
City, Philippines!
KHALIDA HANNAH ASALI
5ffiant
SUBSCRIBED and s,orn to before me this $9
th
day of 5pril 3"$9 at
Zamboanga City, Philippines!
Republic of the Philippines
SECOND SHARI'A CIRCUIT COURT
Third Shari'a Judicial District
Zamboanga City
KHALIDA HANNAH ASALI, Civil Case o! "#$%%
Plaintiff
&& versus ' (or) SUPPORT
BENHAZIR TAHIL,
Defendant!
*& & & & & & & & & & & & & & &*
ANSWER
(w!" A##$%&!'( &)* N(+&!'( D(#(),(-
COMES NOW the defendant, by counsel, and unto this +onorable
Court, most respectfully alleges)
$! That defendant admits the allegations of paragraphs $, 3, # and 2 of
the complaint-
3! That defendant specifically denies the allegations of paragraphs 9
and 4 of the complaint, the truth being that the defendant did not
abandon his ,ife and his daughter nor cohabits to other ,oman as
accused by the plaintiff in her complaint in fact the defendantHs 5T/
;5utomated Teller /achine< Card is in the possession of the plaintiff
and therefore the allegation in the complaint is ,ithout merit-
#! That defendant denies the allegation that the plaintiff has no means
of support because the truth of the matter the plaintiff is a public high
school teacher at Divisoria +igh School!
WHEREFORE, it is respectfully prayed of this +onorable Court that
the complaint be DISMISSED #.$ /&01 .# MERIT!
1ther reliefs deemed ?ust and e@uitable under the premises are also
prayed for!
Done this 5pril 3#, 3"$9, Zamboanga City, Philippines!
NUR-AISHA DAGBUSAN
Counsel for the Defendant
#
RD
(loor!, Fa,asa Aldg!, Beterans 5ve!,
Zamboanga City
CAP 1!R! 49#3$ 2D3"D$"
PTR 1! =E%249 ED3=D$"
Copy furnished)
DOROTHY GRACE C. DOROJA
Counsel for the Plaintiff
3
D
(loor, 5! /endo.a Aldg!, Beterans 5ve!,
Zamboanga City
CAP 1!R! "="3$"4 #D$%D"E
PTR 1! "E3EEE =D3=D"=
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
Republic of the Philippines<
C i t y o f Zamboanga< S!S!
I, BENHAZIR TAHIL, after having been s,orn deposes and says)
That he is the defendant in the above&entitled case- That he caused the
preparation of the foregoing complaint- That he has read and understood its
contents- That to his o,n Gno,ledge the allegations thereof are true and
correct- That he hereby certifies that he has not heretofore commenced any
other action or proceeding involving the same issues before the Supreme
Court, the Court of 5ppeals, or any other Tribunal or agency, and to his o,n
Gno,ledge no such action or proceeding is pending before said courts- That
should he learn hereafter that a similar action or proceeding has been filed or
pending before the Supreme Court, the Court of 5ppeals, or any other
tribunal or agency, he undertaGes to report the same to this +onorable Court
,ithin five ;4< days therefrom!
HEREUNTO set her hand this 3#
rd
day of 5pril 3"$9, at Zamboanga
City, Philippines!
BENHAZIR TAHIL
5ffiant
SUBSCRIBED and s,orn to before me this 3#
rd
day of 5pril 3"$9 at
Zamboanga City, Philippines!
Western Mindanao State University
College of Law
Sample Complaint and
Answer
Islamic Jurisprudence V
SUBMITTED TO:
Prof. Ujaima A. Ahmad
SUBMITTED BY:
Dorothy Grace C. Doroja
LLB II-B
June 21, 2014