Zamoranos vs Ppl of the Ph & Pacasum; Zamoranos vs Pacasum; Pacasum vs.

Zamoranos
G.R. no. 193902; G.R. no. 193908; G.R. no. 194075 June 1, 2011
Nachura, J.:
Facts:
Petitioner Marietta Zamoranos is a Muslim convert who first married Jesus de
Guzman in Islamic rites and later on in Civil rites. A little after a year the two
obtained a divorce by talaq in 1983 which was confirmed by the Sharia Circuit
District Court in 1992 on grounds that she was given the authority to exercise talaq,
the husband did not object to the divorce, and they were both Muslims at the time
of their wedding. In 1989 she married again, to Samson Pacasum Sr under Islamic
Rites and under Civil Rites and had 3 children. The two fell apart and had a battle for
custody for their children which Zamoranos won (visitorial rights only for Pacasum).
Following this Pacasum filed cases against Zamoranos on grounds that 1) her
previous marriage was still in effect when they got married making their marriage
bigamous and void ab initio thus custody of children and her share in the
community property and inheritance from pacasum should be forfeited 2) criminal
complaint for bigamy under Art 349 of the RPC 3) disbarment of Zamoranos before
the Civil Service Commission and the Integrated Bar of the Ph & Bureau of Finance
Revenue Integrity Protection Service.
Office of the City Prosecutor found evidence to hold Zamoranos guilty of bigamy
2005; Information for Bigamy was filed against Zamoranos in a separate case in 2006
Zamoranos filed a motion of reconsideration, the new case got temporarily
suspended, and eventually the City Prosecutor of Ozamis dismissed charges of
Bigamy against her.
C.A. ruling: Pacasum then filed for reconsideration which was denied. He then filed a Petition for
Feb. 23, 2006 Review before the Office of the Secretary of Justice of his denied petition, the
Secretary of Justice then granted his petition and reversed the ruling of the City
Prosecutor. Zamoranos then filed an Omnibus motion and Supplement to the Urgent
Omnibus motion but was denied by the Secretary of Justice. Her second motion for
reconsideration was also denied.

Regarding the Declaration of a Void marriage, Pacasum lost the case for lack of
jurisdiction of the RTC branch 2, Iligan City since they were both Muslims at the time
of their wedding.
PD no 1083/Code of the Muslim Personal laws
-the talaq entered into by Zamoranos and her 1st husband dissolved their
marriage and they can therefore remarry. 2nd marriage is merely ceremonial,
does not affect 1st marriage.
Zamoranos marriage is governed by Muslim Code and only Sharias Circuit
Courts have jurisdiction
present court Zamoranos posits that the CA had error in ignoring the conclusions of the RTC that
she was 1) a Muslim and married to another Muslim under Isamic Rites 2) Their civil
rites ceremony did not affect their first marriage that is within the Code of Muslim
Personal Laws 3) her first divorce by talaq already severed their ties 4) marriages and
divorce of Muslims is under the jurisdiction of Sharia Courts 5) Zamoranos married a
second time with another Muslim, under Islamic Rites 6) regular courts then have no
jurisdiction, only Sharia Circuit Court
 Pacaum denies that Zamoranos is a Muslim

Issue:
Whether or not the CA correctly dismissed Zamoranos petition for certioriari (to limit the RTCs
jurisdiction)
Whether or not the RTC Branch 2 Iligan City and the CAs separate factual findings that Zamoranos is a
Muslim is correct
Ruling:
The Supreme Court ruled in favor of Zamoranos.
Writ of certoriari is not commonly accepted as the response to a denial of a Motion to Quash,
unless there was grave abuse of discretion. The RTC committed an error of jurisdiction in
denying Zamoranos motion to quash, therefore motion to quash is granted.
RTC branch 6 should have recognized RTC branch 2s conclusion that it is only the Sharia
courts that have jurisdiction
The declarations of 3 persons in authority all prove that Zamoranos is in fact a Muslim who
married another Muslim under Islamic rites, and are thus under the PD 1083 (Code of Muslim
Personal Laws)
Zamoranos was correct in filing the petition for Certoriari before the CA. She cannot be tried
for Bigamy (which is a crime that RTCs have jurisdiction) because this case is based on the fact
that she is not a Muslim, which is false. And so the RTC does not have jurisdiction.
In case of conflict between the Muslim Code and the RPC, the Code shall prevail.
Zamoranos is entitled to remarry as an effect of their irrevocable talaq (divorce)