Case Digest (G.R. No. 193902)
Facts:
This is Atty. Marietta D. Zamoranos v. People of the Philippines and Samson R. Pacasum, Sr., G.R. Nos. 193902, 193908, 194075, promulgated June 01, 2011, Supreme Court Second Division, Nachura, J., writing for the Court. The three petitions were consolidated; Zamoranos later withdrew G.R. No. 193908, leaving the principal challenges in G.R. No. 193902 (her petition) and G.R. No. 194075 (Pacasum’s cross‑petition).Petitioner Atty. Marietta D. Zamoranos converted to Islam on April 28, 1982 and married Jesus de Guzman by Islamic rites on May 3, 1982; they also had a civil ceremony on July 30, 1982. Zamoranos and De Guzman underwent a talaq (divorce) on December 18, 1983, and the Shari’a Circuit Court later issued a Decree of Divorce confirming that dissolution on June 18, 1992. Zamoranos subsequently married Samson R. Pacasum, Sr. by Islamic rites on December 20, 1989, and the couple renewed vows civilly on December 28, 1992; they had three children and separated in 1998.
Pacasum filed multiple actions against Zamoranos: (a) a petition for annulment (later amended to a petition for declaration of void marriage) in RTC, Branch 2, Iligan City (Civil Case No. 6249) alleging Zamoranos’ prior marriage to De Guzman rendered her marriage to Pacasum void; (b) a criminal complaint for Bigamy under Article 349, RPC (filed October 25, 2004), which led to an Information in RTC, Branch 6, Iligan City (Criminal Case No. 06‑12305); and (c) administrative complaints (later dismissed). The City Prosecutor initially found probable cause (Resolution, Feb. 2, 2005), Zamoranos’ motion for reconsideration led to dismissal by the acting prosecutor (Apr. 29, 2005), that dismissal was reversed by the Secretary of Justice (Feb. 7, 2006), and the Information was filed (Feb. 22, 2006). The RTC, Branch 6 denied Zamoranos’ Motion to Quash the Information (Dec. 21, 2009) and denied reconsideration.
In Civil Case No. 6249 the RTC, Branch 2, Iligan City dismissed Pacasum’s petition for lack of jurisdiction because the marriage and divorce between Zamoranos and De Guzman were governed by P.D. No. 1083 (Code of Muslim Personal Laws) and were within the exclusive original jurisdiction of the Shari’a Circuit Court; this dismissal was affirmed by the Court of Appeals and by this Court (final April 3, 2009). Despite that, upon motion of Pacasum, RTC, Branch 6 reinstated the bigamy criminal case (Order Aug. 7, 2009).
Zamoranos filed a petition for certiorari under Rule 65 in the Court of Appeals challenging the RTC, Branch 6 denial of her Motion to Quash; the CA dismissed her petition (CA decision...(Subscriber-Only)
Issues:
- Was the Court of Appeals correct in dismissing Zamoranos’ petition for certiorari attacking the RTC, Branch 6 denial of her Motion to Quash?
- Are the factual findings by RTC, Branch 2 and the Court of Appeals that Zamoranos is a Muslim (and that her first marriage to De Guzman was valid under Muslim law and diss...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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