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Sulu Islamic Association of Masjid Lambayong vs.

A.M. No. MTJ-92-691
226 SCRA 193
September 10, 1993

Facts: Judge Malik was a muslim judge and presides at the Municipal Trial Court in Jolo, Sulu of which
Sulu Islamic Association of Masjid Lambayong filed an administrative complaint with charges of
nepotism, graft and corruption, and immorality against the former.
Judge Malik had a second wife, named Lourdes, while his first marriage with Marina Malik
existed; with Marinas knowledge.
Judge Nabdar Malik recommended the appointment of his nephew, Omar Kalim, the son of his
older sister, to the position of Janitor in his court of which he made a false certification that his
nephew (Omar Kalim) is not related to him (Judge Nabdar Malik) within the third degree either
by affinity or consanguinity. He continued to make false certification until his nephew was made
the process server.
Issues: 1. Whether bigamy applies to all individuals who engage into marriage x times while a previous
marriage exists.
2. Whether an appointing authority (govt official/employee) is obliged to disclose his relatives
also working in the government?
Ruling: 1. No, under the Muslim Law and the Holy Quaan, marrying more than one wife is allowed
provided the man can afford financially and can give equity and justice to the wives. Also, article
180 of PD No. 1083, otherwise known as the Code of Muslim Laws of the Philippines, provides
that the penal laws relative to the crime of bigamy shall not apply to a person married x x x
under the Muslim Law. Judge Malik, being a Tausug, is engaging in a polygamous relationship
by Islam belief.
2. Yes, under section 8(b) Republic Act 6713 (Code of Cunduct and Ethical Standards for Public
Officials and Employees) states that: It shall be the duty of every public official or employee to
identify and disclose, to the best of his knowledge and information, his relatives in the
government in the form, manner, and frequency prescribed by the Civil Service Commission.
Judge Malik violated Rep. Act 6714 by falsifying certifications as to their relationship with Omar
Kalim. The latter was in fact the son of Judge Maliks elder sister therefore established an act of
nepotism as they are related within the third degree of consanguinity.
Judge Malik also violated the Code of Judicial Conduct which requires that a judge shall not
allow family, social, or other relationship to influence his judicial conduct or judgement of
which he failed to commit as he is guilty of gross ignorance of the law and falsification of a
public document.