Case Digest (G.R. No. 193719)
Facts:
Samson R. Pacasum, Sr. v. Atty. Marietta D. Zamoranos, G.R. No. 193719, March 21, 2017, Supreme Court En Banc, Jardeleza, J., writing for the Court.
Petitioner Samson R. Pacasum (Pacasum) married respondent Atty. Marietta D. Zamoranos (Zamoranos) on December 28, 1992. Years later Pacasum learned that Zamoranos had previously been married to one Jesus De Guzman in 1982. On December 14, 2004, Pacasum filed with the Civil Service Commission (CSC) an administrative complaint charging Zamoranos with disgraceful and immoral conduct on the ground that her marriage to him was bigamous.
In her answer, Zamoranos defended on the ground that her earlier marriage to De Guzman had been dissolved by a Decree of Divorce issued by the Shari'a Circuit Court of Isabela, Basilan (Presiding Judge Kaudri L. Jainul) — a decree showing the parties had converted to Islam prior to the Muslim wedding and that Zamoranos obtained divorce by tafwid. The CSC dismissed Pacasum's administrative complaint on the ground that he had not assailed the existence or validity of the Decree of Divorce; his motion for reconsideration was denied.
Pacasum elevated the matter to the Court of Appeals (CA) in CA‑G.R. SP No. 01945‑MIN. The CA initially granted the petition based on alleged judicial admissions by Zamoranos that she was Roman Catholic; on reconsideration the CA corrected that view, acknowledging that the admissions post‑dated the 1982 marriage and that the prior union was solemnized under Muslim rites, and thus held that the Decree of Divorce could not be collaterally attacked before the CSC. The CA issued an Amended Decision dated August 31, 2010 affirming the CSC’s dismissal.
Pacasum filed a petition for review on certiorari under Rule 45 of the Rules of Cour...(Subscriber-Only)
Issues:
- May the Decree of Divorce issued by the Shari'a Circuit Court be collaterally attacked in an administrative proceeding before the Civil Service Commission to support a bigamy charge?
- Did the Shari'a Circuit Court have jurisdiction to dissolve the marriage between Zamoranos and De Guzman under the Code of Muslim Personal Laws (Presidential Decree No. 1083) so as to...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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