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  • NCC 18 Zamoranos V People

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    Djøn Amoc
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    This document discusses a case regarding whether a divorce by Talaq between two Muslims, Zamoranos and De Guzman, is valid according to Sharia Circuit Court and PD 1083. The facts describe that Zamoranos married De Guzman in Islamic rites in 1982, then again in civil rites in 1982, and they obtained a divorce by Talaq in 1983 which was confirmed by the Sharia Circuit Court in 1992. Zamoranos then married Pacasum in Islamic rites in 1989 and civil rites in 1992 but they separated in 1998. The issue is whether the divorce between Zamoranos and De Guzman is valid. The court held that if both parties are

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    NCC 18 Zamoranos v People

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    This document discusses a case regarding whether a divorce by Talaq between two Muslims, Zamoranos and De Guzman, is valid according to Sharia Circuit Court and PD 1083. The facts describe that Zamoranos married De Guzman in Islamic rites in 1982, then again in civil rites in 1982, and they obtained a divorce by Talaq in 1983 which was confirmed by the Sharia Circuit Court in 1992. Zamoranos then married Pacasum in Islamic rites in 1989 and civil rites in 1992 but they separated in 1998. The issue is whether the divorce between Zamoranos and De Guzman is valid. The court held that if both parties are

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    © All Rights Reserved
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    42 views2 pages

    NCC 18 Zamoranos V People

    Uploaded by

    Djøn Amoc
    This document discusses a case regarding whether a divorce by Talaq between two Muslims, Zamoranos and De Guzman, is valid according to Sharia Circuit Court and PD 1083. The facts describe that Zamoranos married De Guzman in Islamic rites in 1982, then again in civil rites in 1982, and they obtained a divorce by Talaq in 1983 which was confirmed by the Sharia Circuit Court in 1992. Zamoranos then married Pacasum in Islamic rites in 1989 and civil rites in 1992 but they separated in 1998. The issue is whether the divorce between Zamoranos and De Guzman is valid. The court held that if both parties are

    Copyright:

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    of 2

    Article 18.

    In matters which are governed by the Code of Commerce and special laws, their deficiency
    shall be supplied by the provisions of this Code. (16a)

    WHEREFORE, the petition in G.R. No. 193902 is GRANTED. The petition in G.R. No. 194075 is DENIED.
    The Decision of the Court of Appeals in CA-G.R. SP No. 03525-MIN is REVERSED and SET ASIDE.
    Accordingly, the Motion to Quash the Information in Criminal Case No. 06-12305 for Bigamy is
    GRANTED.

    Facts:

     On May 3, 1982, Zamoranos wed Jesus de Guzman, a Muslim convert, in Islamic rites. Prior
    thereto, Zamoranos was a Roman Catholic who had converted to Islam on April 28, 1982.
    Subsequently, on July 30, 1982, the two wed again, this time, in civil rites before Judge Perfecto
    Laguio (Laguio) of the RTC, Quezon City.
     A little after a year, on December 18, 1983, Zamoranos and De Guzman obtained a divorce by
    talaq. The dissolution of their marriage was confirmed by the Shari’a Circuit District Court, 1st
    Circuit, 3rd District, Isabela, Basilan, which issued a Decree of Divorce on June 18, 1992.
     Now it came to pass that Zamoranos married anew on December 20, 1989. As she had
    previously done in her first nuptial to De Guzman, Zamoranos wed Samson Pacasum, Sr.
    (Pacasum), her subordinate at the Bureau of Customs where she worked, under Islamic rites in
    Balo-i, Lanao del Norte. Thereafter, on December 28, 1992, in order to strengthen the ties of
    their marriage, Zamoranos and Pacasum renewed their marriage vows in a civil ceremony
    before Judge Valerio Salazar of the RTC, Iligan City. However, unlike in Zamoranos’ first marriage
    to De Guzman, the union between her and Pacasum was blessed with progeny, namely: Samson,
    Sr., Sam Jean, and Sam Joon.
     Despite their three children, the relationship between Zamoranos and Pacasum turned sour
    and, in 1998, the two were de facto separated. The volatile relationship of Zamoranos and
    Pacasum escalated into a bitter battle for custody of their minor children. Eventually, on
    October 18, 1999, Zamoranos and Pacasum arrived at a compromise agreement which vested
    primary custody of the children in the former, with the latter retaining visitorial rights.
     Pacasum filed flurry cases He filed a flurry of cases against Zamoranos including a petition for
    annulment, a criminal complaint for bigamy and dismissal and disbarment from the civil service.

    Issue:

     W/N the divorced by Talaq of De Guzman and Zamoranos is valid, adhering to the Sharia Circuit
    Court and PD 1083.

    Held:

    Yes. If both parties are Muslims, there is a presumption that the Muslim Code or Muslim law is
    complied with. If together with it or in addition to it, the marriage is likewise solemnized in
    accordance with the Civil Code of the Philippines, in a so-called combined Muslim-Civil marriage
    rite whichever comes first is the validating rite and the second rite is merely ceremonial one.
    But, in this case, as long as both parties are Muslims, this Muslim Code will apply. In effect, two
    situations will arise, in the application of this Muslim Code or Muslim law, that is, when both
    parties are Muslims and when the male party is a Muslim and the marriage is solemnized in
    accordance with Muslim Code or Muslim law. A third situation occur[s] when the Civil Code of
    the Philippines will govern the marriage and divorce of the parties, if the male party is a Muslim
    and the marriage is solemnized in accordance with the Civil Code. 32

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