Robaina Sumagka vs.

Abdulgani Sumagka
G.R. No. 200697
June 10, 2019

FACTS:

Abdulgano Sumagka filed a Petition for Divorce by talaq against Rohaima

Sumagka in the 8th Shari’a Circuit Court of Tacurong City. Abdulgani and Rohaina
are both Muslims who first married under Muslim laws and later renewed their
marriage under civil rites. Their blissful marriage turned sour when Abdulgani
became a policeman in 2006 and was frequently assigned to different posts. They
often quarrel because of Rohaina’s jealousies and suspicions that Abdulgani was
being unfaithful. After failing to reach an amicable settlement before the Women and
Children Protection Division, PNP, Tambler, General Santos City, Rohaima filed a
case against Abdulgani for Grave Misconduct on the ground of infidelity and
abandonment. This, in turn, led him to file the Petition for Divorce by talaq, praying
that his marriage be dissolved, and that he be granted sole parental authority over
their children. The Shari’a Circuit Court affirmed Abdulgani’s petition for divorce by
talaq and the Shari’a District Court affirmed the formers decision.

ISSUE:

Whether or not civil law governs the marriage of the spouses.

RULING:

The petition of Rohaina is denied. Article 13 of the Muslim Code clearly

provides that it applies to the marriage and divorce of spouses who are both Muslims.
Here, it is undisputed that Rohaina and Abdulgani are Muslims whose marriage was
first celebrated under Muslim rites before renewing their wedding vows in a civil
ceremony. This subsequent civil law marriage did not supersede their previous
marriage, such that civil law would now govern. The Muslim Code under which their
first marriage was celebrated still applies.
PRINCIPLE(S) ESTABLISHED:

Article 13 of the Muslim Code, paragraph 1 and 3. (a) The provisions of this
title shall apply to marriage and divorce 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. (f) Subject to
the provisions of the preceding paragraphs, the essential requisites and legal
impediments to marriage, divorce and paternity, filiation…, shall be governed by this
Code and other applicable Muslim laws.

COMMENTARY TO THE RULING:

I affirm the Supreme Court’s ruling on the issue. The petition of Rohaina is
without merit for under the law the first marriage shall govern over the subsequent
one. It is unideal that the civil law shall govern their marriage being it ceremonial
marriage only. Both the parties in this are Muslim and it is not a mixed marriage
does Muslim Code shall apply.