BAGUAN M. MAMISCAL, Complainant,-versus- CLERK OF COURT MACALINOG S.

ABDULLAH,
SHARI'A CIRCUIT COURT, MARAWI CITY, Respondent.
A.M. No. SCC-13-18-J, SECOND DIVISION, July 1, 2015, MENDOZA, J.

Unless jurisdiction has been conferred by some legislative act, no court or tribunal can act on a matter
submitted to it.

The power of administrative supervision over civil registrars rests on the municipal and city mayors of
the respective local government units.While Abdullah is undoubtedly a member of the Judiciary as
Clerk of Court of the Sharia Circuit Court, he is being charged pursuant to his function as local civil
registrar of Muslim divorces. Hence, the Supreme Court has no jurisdiction to impose administrative
sanction against him.

FACTS:

Baguan Mamiscal had a heated argument with his wife, Adelaidah Lomondot. In the heat of anger,
Baguan decided to divorce his wife by repudiating her (talaq). The repudiation was embodied in an
agreement (kapasdan) signed by Baguan and Adelaidah. A few days later however, Baguan had a
change of heart and decided to make peace with his wife but efforts proved futile. Five months later,
Adelaidah filed a Certificate of Divorce (COD) with the office of Macalinog Abdullah, acting as local
civil registrar for muslim divorces, for registration. Abdullah issued a Certificate of Registration of
Divorce (CRD) to finalize the divorce between Baguan and Adelaidah. Thereafter, Baguan filed an
administrative complaint against Abdullah alleging that the latter should not have acted upon the
COD because according to Muslim law, only males are allowed to file a COD.

ISSUE:

Whether the Supreme Court has jurisdiction to impose administrative sanction against Abdullah.
(NO)

RULING:

CA No. 3753 is the primary law that governs the registry of civil status of persons. With the
promulgation of the Local Government Code, the power of administrative supervision over civil
registrars was devolved to the municipal and city mayors of the respective local government units.
While Abdullah is undoubtedly a member of the Judiciary as Clerk of Court of the Sharia Circuit
Court, he is being charged pursuant to his function as local civil registrar of Muslim divorces. Well-
settled is the rule that what controls is not the designation of the offense but the actual facts recited
in the complaint. Verily, unless jurisdiction has been conferred by some legislative act, no court or
tribunal can act on a matter submitted to it.