Facts:

The case involves Sabrina Artadi Bondagjy as the petitioner and Fouzi Ali Bondagjy, along with Judge Bensaudi I. Arabani, Sr., in his capacity as the presiding judge of the 3rd Shari'a District Court in Zamboanga City, as the respondents. The marriage between Sabrina and Fouzi took place on February 3, 1988, at the Manila Hotel, Ermita, Manila, under Islamic rites. Prior to their marriage, on October 21, 1987, Sabrina converted to Islam, although this conversion was not registered with the Code of Muslim Personal Laws of the Philippines. The couple had two children, Abdulaziz, born on June 13, 1989, and Amouaje, born on September 29, 1990, both born in Jeddah, Saudi Arabia. Unbeknownst to Sabrina, Fouzi was still married to a Saudi Arabian woman at the time of their marriage, which he later divorced. After their marriage, they lived with Fouzi's family in Makati City and later migrated to Jeddah, Saudi Arabia, where they resided for over two years. In December 1995, t...

Facts:

Parties and Background

• Sabrina Artadi Bondagjy (petitioner) and Fouzi Ali Bondagjy (respondent) were married under Islamic rites on February 3, 1988, at the Manila Hotel, Ermita, Manila.
• Prior to the marriage, Sabrina converted to Islam on October 21, 1987, though her conversion was not registered with the Code of Muslim Personal Laws.
• The couple had two children:
• Abdulaziz (born June 13, 1989)
• Amouaje (born September 29, 1990)
• The children were born in Jeddah, Saudi Arabia.

Family and Marital Circumstances

• Unbeknownst to Sabrina, Fouzi was still legally married to a Saudi Arabian woman before he married her, a fact that later surfaced following a divorce from his first wife.
• After the marriage, the couple resided with Fouzi’s family in Makati City and later migrated to Jeddah, Saudi Arabia for over two years.
• By December 1995, circumstances led the children to reside with Sabrina’s mother in Ayala Alabang, Manila.

Custody Dispute and Conflicting Allegations

• Fouzi initiated a custody action on March 11, 1996, seeking custody of the two minor children.
• Sabrina filed several motions, including an initial answer with a motion to dismiss for lack of jurisdiction and later motions concerning venue transfer, nullity of marriage, custody, and support.
• Notable events and evidence included:
• Sabrina’s actions such as having the children baptized as Christians on December 15, 1996, and changing their names.
• Allegations by Fouzi regarding Sabrina’s behavior—being seen with different men at odd hours and wearing attire considered inappropriate under Islamic law.
• Claims that Sabrina allowed the children to engage in menial work for meager earnings.
• Multiple procedural motions were filed by both parties involving jurisdictional issues under P.D. No. 1083 (the Code of Muslim Personal Laws), leading to transfers of venue and various orders (e.g., temporary restraining order, pre-trial conferences, and motions to reconsider).

Pre-Trial and Trial Proceedings

• The Shari’a District Court handled the matter with initial orders for temporary restraining orders, scheduled pre-trial conferences, and submission of evidence and memoranda.
• Both parties presented contrasting proposals regarding custody and the visitation rights of the father, reflecting their differing stances on parental authority and the welfare of the children.
• Subsequent proceedings involved filings before the Regional Trial Court concerning the nullity of marriage and later motions regarding jurisdiction, highlighting the complexities arising from the interplay between civil and Muslim personal laws.

Findings on Parental Fitness

• The trial courts scrutinized the moral and social conduct of Sabrina in light of Islamic law principles, although the Family Code’s standards for parental capacity were also considered.
• Evidence presented demonstrated conflicting behaviors: while Fouzi criticized Sabrina’s lifestyle as being morally “depraved” under Islamic norms, the record also showed that she was financially capable of supporting their children.
• The Shari’a District Court eventually found Sabrina unworthy to care for her children based on moral considerations, whereas further review focused on the broader interests and welfare of the children.

Issue:

Jurisdiction and Applicable Law

• Whether P.D. No. 1083, governing custody and guardianship for Muslims, applied when both parties, though initially Muslims, had complexities arising from conversion and reversion of faith.
• Whether the case should be governed by Muslim personal law or the Family Code’s principles concerning the best interest of the children.

Parental Fitness and Custody Determination

• Whether a wife who converted to Islam before marriage and reverted to Catholicism upon separation could be held to the moral standards of Islam in evaluating her fitness as a custodian.
• How her conduct—allegedly engaging in behavior contrary to Islamic customs—should influence the award of custody in light of both Muslim law and civil law standards.

Evidentiary and Procedural Considerations

• Whether the evidence presented was sufficient to prove Sabrina’s unfitness under the standards of clear and convincing evidence, beyond mere allegations.
• The role of parental authority doctrines and the extent to which financial capability, moral fitness, and the overall best interest of the children should be weighed.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)