Mendez vs.

Shariʼa District Cotabato Persons

City
January 12, 2016 Custody of Children

Main Issue: W/N custody was properly awarded to the father?

Sharia Circuit Court YES
Sharia District Court YES
SC NO

SC: did not follow due process (no requisite hearing) and decision did not indicate
evidentiary (factual and legal) basis for awarding custody to the father (just
mentioned that it was in the childʼs best interest).

In affirming the ShCC decision, ShDC added that since wife was apostate she was
disqualified from custody until she convert back to Islam. Court showed that
disqualification actually pertained to disinheritance, not custody.

Minor Issue: W/N ShCC can take had jurisdiction over motion for custody? -
YES
– Although exclusive original jurisdiction over custody cases is under ShDC,
ShCC can take cognisance of issues related to consequences arising from
divorce (where it has exclusive original jurisdiction)
– Since main action was to confirm divorce, custody of child was an
ancillary issue, hence can be ruled on by ShCC

Facts:
Mendez and Maliga were married under Muslim rites. Prior to their marriage, they
already had a daughter

Sharia Circuit Court -

Husband filed a petition for judicial confirmation of divorce (talaq), with prayer
for probational custody of their minot child pending resolution of the case.
– Wife was catholic and only converted to islam on date of marriage
– Doubted sincerity to submit to islam since there was no change in her attitude
and lifestyle
– Sometime later she reverted to Christianity. Wife went to Manila and brought
their daughter without his knowledge and consent. The daughter was enrolled
in a Catholic School
– Pray for custody considering unsafe religious growth and values
repugnant to islam
Husband filed an URGENT MOTION for custody - Granted
– Based on morals , social upliftment, behavioural growth, and religious
considerations

Wife filed her ANSWER

– she followed religion of her Muslim grandfather and she was sincere in the
practice of Islam
– She was raising their daughter on her own (husband did not give support)
– Husband had other wives, was busy with his job
– Mother should have custody of children below seven years old
– She left her daughter with husband. When she went to fetch her, husband
threatened to kill them.
– Filed a complaint for kidnapping and failure to return a minor

Wife filed her OPPOSITION to the urgent motion (which was already granted)
– Did not contain notice and hearing
– Motion was filed prior to the filing of the main case
– She never received the summons and never received a copy of the Order
granting temporary custody
– Had to pick up personally when she filed her answer

Sharia Circuit court PARTIALLY RECONSIDERED grant of temporary custody

– Husband still has custody but wife can visit and borrow her

Sharia CC constituted an Agama Arbitration Council - submitted case for hearing

on the merits
– Parties failed to arrive at an amicable settlement
– The divorce was moot and academic

Sharia CC ruling (husband wins)

– Confirming divorce (talaq) and awarded husband custody of their daughter
– Granted wife visitation rights and a consolatory gift of P24k
– Notes:
– Wife never questioned the validity of the divorce and found that it was
caused by irreconcilable
– religious differences on the upbringing of their daughter. It was in her
best interest to remain with her father.

Appeal before the Sharia District Court - Wife appealed only on the custody of
their daughter
– Wife contends that ShCC decision was null and void because
– of failure to state factual and legal basis
 – Urgent motion filed by her husband dd not contain requisite notice of
hearing
– Mother had right of custody for a child below seven years old
– Custody was within exclusive jurisdiction of Sharia District Court, so
CIRCUIT COURT is void

Sharia DC ruling - affirmed sharia CC (husband still wins)

– In sharia law: a mother might be legally disentitled to the custody of her child
if she turned apostate, and disqualified until she returned to the Islamic faith;
and that the father, as a Muslim, was in a better position to take care of the
child's well-being and raise her as a Muslim.

Issues:
\. W/N Sharia CC erred in acting on husbandʼs urgent motion for issuance of
temporary custody? - NO
– under PD no. 1083
– Sharia CC has exclusive original jurisdiction over parties married under
Muslim law, involving disputes relating to divorce. ShCC can confirm the
talaq
– issue of custody is a consequence of a divorce proceeding
– But has ancillary jurisdiction to resolve issue related to divorce
– Article 78 of PD 1083 - care and custody of children below
seven whose parents are divorced shall belong to the mother, and
the minor above seven but below the age of puberty may choose
the parent with whom he/she wants to stay.
– Sharia DC has exclusive original jurisdiction over all cases involving
custody under PD no. 1083

Hence, demands, matters or questions ancillary or incidental to, or growing out of,
the main action, and coming within the above principles, may be taken cognizance
of by the court and determined, since such jurisdiction is in aid of its authority
over the principal matter, even though the court may thus be called on to consider
and decide matters which, as original causes of action, would not be within its
cognizance.

Following the doctrine, the ShCC, in cases involving divorce, possesses the
power to resolve the issue of custody, it being a related issue to the main
cause of action.

]. W/N custody was properly granted to the husband? - NO

– Violation of due process
– The urgent motion was after the main petition for talaq
– Lack requisite notice of hearing (indicating time and place) -
 – The notice shall be served in a manner so as it insure receipt at least 3
days before the hearing
– The notice prevents surprise and to give the adverse party a chance
to be heard before resolution of the motion
– No evidentiary basis for award (both ShCC and ShDC)
Section 14, Article VIII of the 1987 Constitution
Decisions must clearly and distinctly state the facts and the law on which they are
based. The decisions of courts must be able to address the issues raised by the
parties through the presentation of a comprehensive analysis or account of factual
and legal findings of the court.
– ShCC- also no hearing was conducted prior to granting the motion
– Just stated that it was in the childʼs best interest to stay with her
father
– There was no express finding that mother was unfit or why father was
better
– ShDC - affirmed ShCC but wrong basis
– Said that since wife turned apostate, she lost custody but the law
actually says that disqualification due to apostasy pertains to
disinheritance (not custody)

–
PETITION IS PARTIALLY GRANTED
– Confirmation of divorce and consolatory gift is upheld
– All rulings on custody are null and void
– Case is remanded to ShCC to custody proceedings