Facts:

The case involves Aminin L. Abubakar (referred to as the Petitioner) and Aurora A. Abubakar (referred to as the Respondent), who were married on May 1, 1978, in Jolo, Sulu, according to Islamic law. In February 1996, Aurora filed a complaint against Aminin before the 1st Shariaah Circuit Court in Isabela, Basilan Province for divorce, requesting support and damages. The complaint, docketed as Case No. 537, was based on Aminin's alleged failure to secure Aurora's consent before marrying another woman, which purportedly violated Articles 27 and 162 of Presidential Decree No. 1083, known as the Code of Muslim Personal Laws of the Philippines.

During the pre-trial conference on March 21, 1997, the Circuit Court narrowed the focus of the proceedings to determining the rights and shares of both parties concerning the properties that were subject to partition following the divorce. The properties in question included a duplex in Zamboanga City, an adjacent lot, and a house and

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Facts:

Marriage and Initiation of Proceedings

• Petitioner Aminin L. Abubakar and respondent Aurora A. Abubakar were married in Jolo, Sulu, on May 1, 1978, in accordance with Islamic law.
• In February 1996, AURORA filed a complaint before the 1st Shariaah Circuit Court of Isabela, Basilan, seeking divorce with a prayer for support and damages.
• The complaint was primarily based on AMININ’s alleged failure to secure AURORA’s consent before contracting a subsequent marriage, in alleged violation of Articles 27 and 162 of Presidential Decree No. 1083 (the Code of Muslim Personal Laws of the Philippines).

Pre-Trial Order and Limited Issues

• On March 21, 1997, the CIRCUIT COURT issued a pre-trial order limiting the issues for trial to determining the rights or respective shares of the parties concerning the property subject to partition after divorce.
• The properties identified for partition included:
• A half duplex unit standing on a lot at Tumaga Por Centro, Zamboanga City (covered by Transfer Certificate of Title No. T-86, 898; the other half was owned by JACKARIA M. MOHAMMAD and his wife).
• A 550-square meter lot adjacent to the duplex unit.
• A house and lot located at Block 2 (Lot 44), Kasanyangan Village, Jolo, Sulu.
• Collectively, these real properties were referred to as the PROPERTIES.

Trial Court Decision

• On August 29, 1997, Judge Kaudri L. Jainul of the CIRCUIT COURT rendered an order dissolving the marriage, awarding an equal share of the PROPERTIES to both parties, and ordering AMININ to pay AURORA P10,000 as support during the three-month idda (waiting period).
• Although the divorce and associated issues were resolved by the trial court, AURORA’s appeal was limited solely to the partition of property, excluding issues of divorce and damages.

Appellate Court Modifications

• On May 20, 1998, the 3rd Shariaah Judicial District Court (DISTRICT COURT) under Judge Bensaudi I. Arabani, Sr. affirmed the trial court’s order but introduced modifications:
• Affirmation of the divorce by faskh (judicial decree).
• Confirmation of the equal division of the identified PROPERTIES.
• Inclusion of an additional partition of an agricultural lot in Alicia, Zamboanga del Sur as part of the common property.
• Awarding support in arrears amounting to P110,000 (calculated as P5,000 per month over 22 months) and ordering repayment with legal interest from the time the judgment became final and executory.
• Granting moral damages to AURORA in the amount of P50,000, with similar accrual of legal interest.

Motion for Reconsideration and Further Developments

• AMININ filed a motion for reconsideration challenging:
• The award of moral damages.
• The grant of support in arrears.
• The inclusion of the partition of the agricultural lot in Alicia, Zamboanga del Sur.
• The grounds for the motion included allegations that these additional issues were not raised by AURORA in her appeal and that such awards violated established principles of law and Islamic law.
• On July 15, 1998, the DISTRICT COURT denied the motion for reconsideration on the ground of lack of merit.

Supreme Court Intervention

• AMININ subsequently petitioned the Supreme Court seeking reversal of the DISTRICT COURT’s decision insofar as it involved:
• The award of moral damages to AURORA.
• The grant of support in arrears.
• The partition involving the agricultural lot in Alicia, Zamboanga del Sur.
• The subject petition questioned whether the modifications made by the DISTRICT COURT went beyond the issues limited by the pre-trial order and the notice of appeal filed by the parties.

Issue:

• Whether the appellate court exceeded its review power by addressing matters—specifically, the awards of moral damages, support in arrears, and the partition of the agricultural lot in Alicia—that were not raised by the appellant in her notice of appeal.

• Whether the finality and binding effect of the pre-trial order, which limited the issues to the partition of the PROPERTIES as originally defined, preclude the appellate court from modifying or expanding the issues beyond what was agreed by the parties.

• Whether the modifications introduced by the DISTRICT COURT violate the basic procedural rule that only those errors and issues voluntarily limited by the parties in their notice of appeal may be reviewed by the appellate court.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)