G.R. No. 140817 - Artadi-Bondagjy vs. Bondagjy

Petitioner Sabrina Artadi Bondagjy (then 20 years old) converted to Islam on October 21, 1987, prior to her marriage.
Respondent Fouzi Ali Bondagjy (then 31 years old) married Sabrina on February 3, 1988, at Manila Hotel under Islamic rites.
The conversion of Sabrina to Islam was not registered under the Code of Muslim Personal Laws of the Philippines.
The couple had two children: Abdulaziz (born June 13, 1989) and Amouaje (born September 29, 1990), both born in Jeddah, Saudi Arabia.
Unknown to Sabrina at the time, Fouzi was still married to a Saudi Arabian woman, whom he later divorced.

After marriage, couple lived with Fouzi’s family in Makati City, then migrated to Jeddah in 1990, where they stayed for more than two years.
Around December 1995, the children lived with Sabrina’s mother in Ayala Alabang, Manila. Fouzi alleged he was prevented from seeing his children except through court orders, and even then visitation was limited to school premises.
Sabrina had the children baptized as Christians on December 15, 1996, changing their names from Islamic names to Christian ones.

Fouzi claimed Sabrina fraternized with different men at odd hours, wearing clothes considered inappropriate under Islamic customs (short skirts, sleeveless blouses, bathing suits).
Allegedly, Sabrina let the children sweep a neighbor’s house for a fee, and children expressed fear of riding in Fouzi’s car, opting instead to take jeepneys home from school.

On March 11, 1996, Fouzi filed a Shari’a court petition for custody of the children.
Sabrina filed motions to dismiss based on lack of jurisdiction and later to transfer venue; motions partially granted.
The case underwent several motions including temporary restraining orders, motions to dismiss, and motions for reconsideration.
Sabrina also filed a separate case for nullity of marriage, custody, and support in the Regional Trial Court, which ordered status quo.
The Shari’a court denied Sabrina’s motions to dismiss, ruling P.D. No. 1083 applies to custody cases involving Muslims.

On November 16, 1999, the Shari’a Court awarded custody to Fouzi, ordering Sabrina to surrender the children’s custody to their father.
The court found Sabrina morally unfit to have custody based on Islamic moral standards cited by Fouzi.
Fouzi was found capable personally and financially to care for the children.

Sabrina filed a petition for review before the Supreme Court, challenging the Shari’a Court decision.

Whether a Christian wife who converted to Islam before marriage but reverted to Catholicism upon separation remains bound by Islamic moral laws in custody determination.

Whether P.D. No. 1083 (Code of Muslim Personal Laws) applies to the custody dispute considering the conversion status and separation of spouses.

Whether the petitioner (Sabrina) is unfit as a mother and custodian of the children under applicable laws.

Which parent should be awarded custody based on the best interest and welfare of the minor children.