Mamiscal V Abdullah

FACTS

Mamiscal and his wife Adelaidah Lomondot had a heated argument where Mamiscal decided to divorce
his wife by repudiating her (talaq) and was embodied in an agreement (kapadasan). The next day,
Adelaidah left their conjugal dwelling in Illigan City and went back home in Marawi. During the period of
waiting (iddah), Mamiscal had a change of heart and decided to make peace with his wife thus he sent
her common relatives to make peace on his behalf

5 months later, Adelaidah filed the certificate of Divorce unsigned which was unsigned but purportedly
executed by Mamiscal and certified their talaq in the presence of 2 witnesses in accordance with islamic
law. A notion on the certificate stated that it was being filed together with the kapadasan. Abdullah,
clerk of court and circuit civil registrar, issued an invitaition notifying the couple to appear before the
Sharia Cort in order to constitute the Agama arbritration Council that would reconcile the spouses.
Abdullah however finalized the divorce between the spouses

Mamiscal sought to revoke the CRD due to the validity of the kapadasan and contentded that it was
invalid considering he did not prepare the same and no witnesses to its execution and he only signed it
due to threats from his wife. He never intended to divorce his wife and before the expiration of the
iddah, he wrote to his wife that he was revoking the repudiation and the kapadasan they entered into
because it was done on the “spur of the moment”

He conteded that it must be declared invalid because; a) he was deprived of due process because AAC
were suppose to express their sentiments on the divorce b) 3 days before the CRD, Professor Mustafa
Dimaro appeared before Judge Cali to discuss the reconciliation between parties and c) the children
prayed that the trial court advise their mother not to proceed with the divorce

Abdullah denied Mamiscal’s motion and sustains that it was simply his ministerial duty to receive COD
and the kapadasan filed by his wife. He also noted that only Mamiscal appeared in the AAC and
Adelaidah opposed in writing to any reconciliation with her husband. The 90 day period of iddah has
already lapsed also. He also stated that any reconciliation is futile because it is final and irrecvocable.

Mamiscal then charged Abdullah with violation of due process, dishonesty and conduct unbecoming of a
court employee stating that he should not have entertained or acted upon the COD and the kapadasan.
He contended that under Muslim laws, divorce under talaq could only be filed and registered by the
male spouse and female muslims can only divorce through tafwid. He also alleges that Abdullah
fabricated and twisted the facts” and violatied sharia rules of procedure when he refused to receive
Mamiscal’s motion.

Abdullah on the other hand, countered that he had authority to process the registration of the divorce as
court registrar and could not be held responsible for the contents of COD and kapadasan because his
functions are ministerial. Abdulah also asserted that the divorce was final not because of the laps of
iddah but the kapadasan and no reconciliation.

OCA found Abdullah guilty of gross ignorance of the law and was fined. Abdullah filed a moton to the sc
praying for the early resolution.
ISSUE

W/N Mamiscal had validly effected a divorce from his wife is a matter that must first be addressed by
the Shari'a Circuit Court which, under the Code of Muslim Personal Laws of the Philippines (Muslim
Code), enjoys exclusive original jurisdiction to resolve disputes relating to divorce.

W/N Abdullah should be held administratively liable for his actions in connection with the registration
of the divorce between the spouses

SC ABDULLAH IS DIMISSED FOR LACK OF JURISDICTION AND REFERED TO THE OFFICE OF THE MAYOR
and CSC

Article 155 of the muslim code provides that sharia courts have exclusive original jurisdiction over
divorces recognized under this code.

For Abdullah however, the civil registrar is the person charged by law for the recording of vital events
and other documents affecting the civil status of persons. According to art 81 of the muslim code, The
clerk of court of the Sharia court shall act as circuit registrar in muslim marriages and divorces,
revocation of divorces and conversions, it vests him with two powers in the court. The constitution vests
the power of administrative supervision over all courts and its personnel this power must be taken with
dure regard to other prevailing laws as punshied with Article 185 of the muslim code and CA 3753 states
that all punishments regarding the irregularities committed by the civil registrars are referred to the
concerned mayor. It is worth noting that the mayor has no exclusive jurisdiction over the case at hand
because according to Revised uniform rules of the CSC it states their that they will have original and
concurrent jurisdiction with their respective officers and employees thus the SC referred the matter to
the mayor of marawi and CSC

Leonen Separate opinion

Justice leonen states the fundamental principle of separation of powers where it is basic in our
constitutional design as explained in the case of Angara V Electoral Comission, each department of the
government has exclusive cognizance of matters within its jurisdiction but the three powers are to be
kept separate and distinct that the Constitution intended them to be absolutely unrestrained and
independent of each other.

And also worth noting the dissenting opinion o MMDA v Residents of manila bay where the spearatin of
pwers entails ensuring tha no branch of government shall be controlled to the influence of another

Abdullah is was being held to account for the acts committed in the course of his performance of
functions and not as clerk but as a registrar. In accordance with the principle of separation of powers
thus the task of disciplining Abdullah does not fall upon this court because according to CA 3753 it
recognizes that the power to discipline registrars is not lodged with this court and are subject to
administrative fines.

The administrative matter must be dismissed without prejudice.