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ftepublie nf the pl-rilippines

FOUftTH S*-IARI'A CiRCUIT CCIUffiT 4* Sfu arf'a .{udfcfaf Sistrfct


f;ligarr City

IN THE MATTER OF TT{E JOINT PETITION FOR THE APPROVAL

Civil Case No.2O13-064

AI\ID REGfSTRATION OF AGREEfVIENT CIF MIVSRCE tsY TATAQ

ilI-Y SAIVCHEZ IVIAAGAD and ORANCIO C"

LANTACA

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DECTSTGF{
BEF0RE ttr"lfrs cuurt, is a Joint- Fetition for tffre appnovatr and registration of thein Divorce Agreeme*t ny Talaq anrl cancetlation of their CertEficate *f Marrfage filed by I-[LY SANCI{EU MAAGAD and OffiAfUCfrO C. LANTACA on -!une 3, 2S3.3. Aitached therewrth }s an eN-parte rmotior1 to immediiately set case for hearing preferral:ly on June s, vaLS alleging among others thatparties to this especialty the wife is leavlng the c*untry for work abroad and that the petitian heing rnerely fnr tfre registration of t$'re c{ivorce agreermerrt and lointly filed, p*ssibrlity fon og:pmsitism is nril [f qrnt
flmpcssfrhle"

Finding said petit$on

granted the O'cicc$< in the morning.

be sufficiemt in fornil amd substa*lce this courfi rnation and set the case fsr hearing on Ji.lne 5, 2SL3 at g:fifi perrpmses cf

ts

proving compliance with the jurisdictianal requirernents forrnally offered in evidence and duly admifted by the court the fotlowing dacumentary evidences marked as follows: Exh. 'A' with sub-msrkings - the petition; Extt-'B' with sub-markings - the verification/certification attached to the petition; Exh. *{'- the order of this court giving due course to the petition; Fxf?" '"D"- tt're certificate of nrarniage hetween petitione!-s; Exh. *E snd F,, _ tfte certriicate of Conversfon ts rsfam of petrtfoner wrfe; f,x&.,1f"'- the Agreement of Divorce By Tataq executed by petitioners- Thereafter, the ccurt anrtounced in open court if there is any one ohlecttng to er o the petition and there being none the court attowed petitioners to *ts evidence" P*!-r!!o*ru firowever ralanifested that petition Ennrqfwqer$i-*l$ilpUo $ct anltrmore intencl to pnesen.t testimonftt eviffiffi*trH?tefld,pypffi th{! thein rnorisn for jr*elgmenr

on June 5, 20L3, scheduletl hearing petrtirners fsr

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-Pecfsr*fil Cryif fuse rlro. 3$33-#64-_


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Frori"l the uncontroverted evidences of;"i record petitionens fulfiy esiabiished the foliowing facis that; petitioners and respondent are both Filipino citizens, of legal ages, and residents of Mango, st. Brgy santiago, lligan City for petitoner wife and Brgir" Lamac, Tuhod, Lanas rjel Norte for petitou"ren hushand; petitioneils a!-e b*th.fVlusfiirm emmverts they are h*rshae'rd and wfrfe havEng beem lawfuil[y married fn the rmarn'fiage 6:enfmrn-nerl in a C6v[$ wedding an Januartg LV, L995 at the Municipal Trflal C,surts in the Cities Branch 4, Cagayan de Oro fity, aften thein rnanrfrage Faouuever, petitiomens, by reason cf their intef;lectual choices, freely and voluntariEy converted to Muslim, thereby ermhraced and profess Istram as thein mewfounc*-faith, which convensioms to islam was duly E"eglstered with this Court; petlfioners, upon their vofruntary riuill and free acE, submit them'lse[ues to the jurisdiction *f tF*s Court, anc.f willing to accept and abide tp yyhatever 3udgment of rhrs Count; due to inahitity of both to penforrn the[n'r*spective essential rraaritail ohf;igatioms witfrr one ancthen', irreconcilahle pensonatr difference and frncon'lpatibility with each other; gretitionrers have since beem separated {in fact and in bed) rivith each other, and by that reason, both petitioners finally decided to formalize and legalty break or severe their marriage bond by executing an Agreement of Divorce by Talaq { Exh."G"}"; all effonts nece$sary for an avenue for possible reconcillatlon has already been enrp$oyed but all proue futitre, petitionei pray frorn this court to grant the
petitlo+r.
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way of summary, petitloners are asking this caurt to approve the Agreement of Divorce by Talaq {Exlt.'G'} they executed and accord It registration- l--he court hawever, fs not un-mfnded of the legal effests sf Divorce, among others, it result to the severance of marital boncl between
tsy

5p0uses.

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While true that this court has among others, the power to approve the Agreerment of Divorce hy Talaq {ENh""G"l amd accord it registratimm cannot hcwever, blindiy exercise suclr power owing to the fact that the marriage between petitioner and respondent sought to he severed was solemnized not in accordance with Musiirn Larr or Shari'a but in accor with civil rites and at the time of their rnarriage both petiti Em.yet, as it was only aftersuch marriage cERTtr-iEt) TI?I.}E COPY
FROM TH

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petitioner converted ts lstam thus, the resolution mf the rnatter hinges or"l tl'le resoluti*n of the.f*ll*wir.lg issues: 1. Nhether oi not this Court hos jur?sdiciion to epprove the Agreement of Divorce by Taloq [Exh.' F"] executed by the parties ond sccord it registration snd in effect severe the marital bond between petitioners p#rs{.r#mf fo their marri*ge cel*hrsted mmrf solemnized on -lanuary 17, 1995 at tfre $1fin*micipal Triatr Cor"lrts $n't the Cities Branch 4, Cagayan de oro City not in accordance wfffr lslan-ric Rites hut icr a civil weddingT 7. lffitd]t rs ffie effecf of subseguent conversiara fo fsfsm hy pefftfoners fo ffierr marri*ge celebrateef mot' in *ccard*erce wffh Isfamrc ffrtes buf fm accordcnce with ciu. riks? [.lndsulatedily, this court is without authority to severe the rnanital bpnc$ between petitioner and respandent pursuamt to their rnanriage ce$ebnated and so*enmnired on January L7, 1S95 [n accondance with cEwi[ rites" Frecisely because this eourt eannot umdo rnrhat it cannot do, as thfrs c*urt can binci peopie/parties in rnatrimony only in accondance uvith Xslamlc
i-iies ano none othei-.

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*,-, i g i Hlfect of ratifying their morriage ss ti the srme h*d been periormed in occordance with the provisions of tttis Cade pt ii-$; i / r+ -' r! o I- Nuslim law, provided thqt there is no legal impediment to the t: =, ?, ,_r <r-l 5, marrioge under Muslim law. -f ln the instant case it is undisputed that on January L7, LggS both E EES = marry wftll each other i* accordance with civi$ rites, a nite not S '& ; 4:( SetiEpnars LU P ii i
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On this score, the court feels that the petition should be denied. However, it is beyond dispute that after their marriage both petitioners aonverted tl'lernselves to lslarn {Exir. 'aF- and Ft thus it 'rs necessary to rJeternaine the effect cf petitficinetr's surhsequent comversion to lslann. For thrs px.ir-Bose Artlcle 378 *f tlie Code pf E\4ustrirn Fersonal tr-at*rs im 5 -*-*,r,0.r.,*.tBQ.ffiifippines prcvides and we quote: Art. 1-78. Effect of conversion t* ls!*rn o* rxarrisse. The {t-.J -l af non-Muslim spouses ta to lslam lslom shsll have the lega{ legal A 7-* f F f $gnversion $ynversian

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a anco$rpatible
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with lslam. After their marrlage hoth petit[oner

and

,':"resp$ndent canverted themselves ta lslam. Likeuvise, at ti-re tfrrne of their marriage on January 17,1995 at the Municipal Trial Courts in the Cities Branch 4, Cagayan de oro City petitioner husband was above 3.5 yeans old while petitioner wife was already in puberty age and they are not ref;ative by consanguinity or affinity nor a reiationship of fosterage existed thern. $Jitti ttrre foregoing disquisition, it is now safe to cos-lclude that a lequinemtenfs of fhe law sufficlemt to give full }egal effeet of conuersio t$'le fact of conversiom to Islarn hy both petitimmers; and nome existe
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any $egan imipectriri'remt to the marriage unden tvluslin"r &*w, were futriy rmet, Ccnsequent[y, for all $egaf intents and purpsses, the rmarriage betweer-r petitioner and respondent on .ianuary L7, L995 at the Municipal Trial Courts in the cities Branch 4, cagayan de oro Clty was performed in accardance with lslamic law, thereby elimrnatingl all douhts sn tl'r$s ceurfls junisdictiom over the caseI-&aving a$[ totrd, we shatrl now proceed to the nna$n fissue on whetFrer cr nst the Agreernemt sf Divsrce hy Talaq {Exh"*G"} executed by petitiomens i:e approved and accmnded registnation. By nature, elivmrce by Talaq is 'the unilaterafi and unequivocail utterance and prcnsuncernent of a Muslirm hushand ir* t$"re presemce sf th,e w.lie for at ieast three 131 times, the worSs "1 DIVSRCE YffU, I DIVOTICE yOU AND I DIVORCE YOU" which shall have the force and effect of divorae Irnrmer$rately after sr-rch utterance suhject to certain requrremnents provtded hy law {i.e" o&se{v#nce of fddcr} with no other for"nrafiity nequined, il"no!'e so . approval frorn am]r one or fnorsr this court" For purposes however of nrakfrng t[-tis kind of divorce effeetive or hincling to third person or to the wirole ''."'or[d in general, it is necessary that the same be r-educed into writing and duty recorded with the Civil Registry who has the ministerial duty to accept and record the same. In sum approval by this count of the divorce by Talaq unltatenatly anid urrequivacally pronounced by the husband "ls s*lpenflr"liEy" fiar the imstant case however, instead nf an ordinary divorce by Tataq umi$atera$Iy p*-onouneed hy the husband, parties nrar}e a uyritten agrees??er?t of d*vonce, inconporating therein the divorce by ta#mq uni$aten'al$y Pronoufr'?ceet by the husband thereby, Ieavlng this count no alters'lative but ..i:,**{.ri"r^*tq$iS into the terms thereof. After peruse, this court is convinced that the Agreernent of Divorce E ?,I E l' 8.. Fr'|hy F,:,hy "G"] is not contrary to faw, morats, goocl custcms, custcrns, public [Exh."G"] ..,7' Lul.q falaq [Exh ie<

E-ffiE",'"Iiorpublicpoticyandherebyapprovedthe5ame. r 4 Cl A,.1:lP fr l: ==- i.' WHEBEFORE, judgment is hereby rendered granting the petition, EtiM:YT:]51t-tq::en.l.r1mtrrfDivoncehyTaIaq{Extl.*G*}exeautedbyt-ilLY :) F- ;, p, SitQfHEZ MAAGAfi and GRA{VCf0 f. {"A{UTACA and the Cferfr of Coq.rrt of thfs fi L : i :r* in his capacity as Circuit Registrar is hereby directed ts accord q.= <ol\t id O
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T"Stthati+n ef said Agreerne*t cf Divorce by Tataq executed hy petrt{<uqer I .{Extt,v'GJ in its registry book and issue the corresponding decree of divonce. The rnarriage between pettioners {uLY iANCF|EZ MAAGAfi und CIRANClo c" LANTACAI celebrated cn January Lv,199s at the MunicipaE TniaE Cmurts isr the Cities Branch 4, Cagayan de Orm Clty is herehy ctrec$ared SEVERED, TtrRMlillATED, NULilFIfD and rendered of I\!0 FSRCE AIUD EFFECT threreby capacitating each of the panties to rnarry anothen petiomer urffu rnay revert back to her rnafden sur-man'Be.

-pnge5-frecisiCInf Civil Case No, 2033-$64-

Let copies of this decision, furnirf,*U ts the Local Civi! Registry of Cagayan de Oro City and the National Statistics Office- Office of the Civil Registrar General INSO -OCRG], Quezon City for proper, cancellation, annotation and authentication. The concern Local Civil Registrar and the National Stafistics Office- Bffice af the Civif Registrar General [NSO -OCRGJ, Quezmn City, are hereby mandated, directed and ordered to make the anmotation Gn the rnarriage contract ss cancelled and to issue the corresponding Certificate of Capacity to Marry whenever required or
necessary.
SO ORDERED.

!l lssued this

/l

Sh day of Sune 2SL3, in


E

Presiding Judge

crnrrr:r'tu-mue';r,' {
FR0M THE 0RIR!NAL

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