QuestionsQuestions (PRESIDENTIAL DECREE NO. 793)
PD No. 793 provides for the continued legal recognition of divorce among Muslims residing in non-Christian provinces, allowing such divorces to be governed by Muslim customs and practices.
It applies to Muslims residing in non-Christian provinces.
PD No. 793 addresses the expiration of the recognition period under RA No. 394 and effectively continues the legal sanction for Muslim divorce beyond June 18, 1969.
Divorce among Muslims in non-Christian provinces shall be recognized and be governed by Muslim customs and practices.
No. It recognizes the divorce and leaves the substantive basis to Muslim customs and practices rather than prescribing specific statutory grounds or procedures in the decree itself.
It takes effect as of June 19, 1969. This retroactive effective date is meant to cover the gap immediately after the expiration of RA No. 394 on June 18, 1969.
It prevents complicated legal problems that could arise because the Civil Code does not recognize absolute divorce, especially once the RA No. 394 recognition period expired.
Because Muslim divorce is embedded in Muslim culture, and Muslims had taken the continuity of the RA No. 394 period for granted; uninterrupted practice means recognition should continue to avoid undermining faith in government reforms.
It states it is issued by virtue of the powers vested in the President by the Constitution.
It was signed by President Ferdinand E. Marcos on September 4, 1975.
It implies that courts and authorities should respect and apply Muslim personal law/customs to determine the validity/effect of the divorce, subject to proper proof of the applicable custom.
Yes, because PD No. 793 takes effect as of June 19, 1969, continuing recognition for divorces among Muslims in non-Christian provinces beyond the RA No. 394 expiration.
By continuing legal sanction for Muslim divorce in the interest of national unification, it seeks to harmonize government policy with cultural and religious realities of Muslim communities.