Case Digest (G.R. No. 170406)
Facts:
Fouziy Ali Bondagjy v. Sabrina Artadi, G.R. No. 170406, August 11, 2008, Supreme Court Second Division, Carpio Morales, J., writing for the Court.The parties are husband Fouziy Ali Bondagjy (petitioner) and wife Sabrina Artadi (respondent), who were married under Islamic law on February 4, 1988 at the Manila Hotel. Respondent first sought a dissolution of the marriage by filing a petition for divorce by faskh before the Third Shari'a Circuit Court at Isabela, Basilan (SCC Case No. 541) in or about March 1996, alleging petitioner’s neglect or failure to provide support since October 1994.
On June 24, 1996 the Third Shari'a Circuit Court dismissed SCC Case No. 541 after a "careful evaluation of the pleadings," finding the alleged grounds unproven; respondent's motion for reconsideration was denied and that dismissal became final and executory. On March 20, 1998 respondent filed an independent petition for declaration of absolute nullity of marriage (with custody and support claims) in the Regional Trial Court of Muntinlupa City; that RTC dismissed the case by Order of January 28, 1999 for lack of jurisdiction over the persons of the parties and on grounds of res judicata.
On February 7, 2005 respondent filed another petition for divorce by faskh before the Second Shari'a Circuit Court at Marawi City (Civil Case No. 2005‑111) again alleging long‑continued failure of petitioner to support and perform marital obligations. Petitioner answered, asserting affirmative defenses of res judicata, lack of jurisdiction over the person of respondent, and forum‑shopping. By Order of June 22, 2005 the Second Shari'a Circuit Court dismissed Civil Case No. 2005‑111 on grounds of res judicata and failure to comply with the rule on certification against forum shopping.
Respondent appealed to the Fourth Shari'a Judicial District Court at Marawi City, which, by Decision dated October 17, 2005, reversed the Second Circuit Court: it ruled that res judicata did not apply because respondent might have new evidence and found that respondent had substantially complied with Section 5, Rule 7 (certification against forum shopping). The Fourth Shari'a remanded Civil Case No. 2005‑111 to the Second Shari'a Circuit Court for hearing on the merits.
Petitioner brought the present petition to the Supreme Court asking review of the Fourth Shari'a Judicial District Court’s reversal and remand, principally contendin...(Subscriber-Only)
Issues:
- Whether the Fourth Shari'a Judicial District Court erred in holding that Civil Case No. 2005‑111 is not barred by res judicata given the prior final dismissal of SCC Case No. 541.
- Whether the Fourth Shari'a Judicial District Court erred in concluding that respondent substantially complied with the certification‑against‑forum‑shopping requirement under Sect...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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