Judicial Review

Mamiscal vs. Abdullah

July 1, 2015

Facts:
Baguan Mamiscal filed a complaint against Macalinog Abdullah. The grounds of the
complaint are partiality, violation of due process, dishonesty and conduct unbecoming of a court
employee. This complaint stemmed from the Certificate of Divorce issued by Abdullah acting as Clerk of
Court of the Shari’a Court of Marawi City and in addition to his regular function as Circuit Registrar of
Muslim Marriages, Divorces, Revocations of Divorces and Conversions within its territorial jurisdiction of
said court.

The controversy commenced when Mamiscal decided to divorce his wife Adelaidah Lomondot
by repudiating her (talaq). It was embodied in an agreement (kapasadan) signed by Mamiscal and
Adelaidah. During the obligatory period waiting (‘iddah), Mamiscal decided to make peace with his wife.
However, Adelaidah filed a Certificate of Registration of Divorce (CRD) which herein respondent
registered and issued.

Mamiscal questioned the validity of the CRD as he was deprived of due process since there was
no discussion of the possibility of reconciliation despite express sentiments of their children to advise
their mother not to proceed with divorce. On the other hand, Abdullah opined that he only have a
ministerial duty of receiving Certificate of Divorce.

Issue:

Whether or not the court has jurisdiction to impose administrative sanctions.

Ruling of the Court:

The court rules in the negative. The complaint designated an action that involves justiciable
controversy but the actual facts involves an administrative matter. Disciplinary actions against
administrative officers such that of a civil registrar are granted by law to either the city or municipal
mayor or the Civil Service Commission. Both have concurrent jurisdiction over administrative cases. The
court has no jurisdiction over this case (referred back to Office of the Mayor of Marawi and the Civil
Service Commission for appropriate action).