1. SUMAGKA vs.

SUMAGKA

FACTS

Abdulgani Sumagka and Rohaina Sumagka are married in accordance with

Muslim Law. Later, they renewed their marriage vows under civil rites before the
Municipal Mayor of Alabel, Sarangani Province. Abdulgani became a policeman
and was assigned to different posts. Due to this, Rohaina has suspicions and
jealousies which lead them to several quarrels. Later, Abdulgani filed a petition
for divorce by Talaq in the Shari’ah Circuit Court which was granted. Rohaina
appealed to the Shari’ah Circuit Court’s ruling to the Shari’ah District Court
asserting that their marriage was governed by the Civil Law.

ISSUE

Whether or not Civil Law governs their marriage

RULING

No. Their marriage is not governed by the Civil Law but by the Muslim
Code. The Court held that the subsequent Civil Law Marriage did not supercede
their previous marriage and that the Muslim Code under which their first
marriage was celebrated still applies.

As have also been made mentioned, the first marriage under Muslim Code
is a validation, and the second marriage under the Civil Code is merely
ceremonial.

2. TAMANO vs. TAMANO

FACTS

Senator Tamano married Estrellita twice, first is under the Islamic Laws and
Traditions and second is under a civil ceremony. In their marriage contracts,
Senator Tamano’s civil status was indicated as “divorced”, and since then,
Estrellita has been representing herself as Senator Tamano’s wife, and upon his
death, his widow.

Later, Hadja Putri Zorayda Tamano, Senator Tamano’s first wife, and her
son Adib Tamano filed a complaint with the Regional Trial Court for the
declaration of nullity of marriage between Senator Tamano and Estrellita for
being bigamous. The complaint alleged that Senator Tamano married Hadja Putri
Zorayda on May 31, 1958 under civil rites, and that this marriage remained
subsisting when he married Estrellita in 1993.

ISSUE
 Whether or not the marriage between Estrellita and Late Senator Tamano
was a bigamous one

RULING

Yes. The marriage between Estrellita and Senator Tamano was a bigamous
one since the Civil Code governs the marriage of Zorayda and Senator Tamano.
Hence, Senator Tamano’s subsequent marriage to Estrellita is void ab initio.

3. NOLLORA vs. PEOPLE

FACTS

The marriage of spouses Nollora was still subsisting when he contracted a

second marriage with Rowena Geraldino, who still agreed and contracted a
marriage with him despite of the knowledge of his subsisting marriage with Mrs.
Nollora. Mr. Nollora admitted having two marriages. However, he claimed that he
was a Muslim convert even before he contracted his first marriage with Mrs.
Nollora.

ISSUE

Whether or not the second marriage is bigamous

RULING

Yes. The second marriage is bigamous. The religious affiliation of Mr.

Nollora is not applicable in the case at hand. The Supreme Court ruled that his
two marriages we not conducted according to the Code of Muslim Law. Hence, his
religious affiliation may not be used as a defense.

4. ZAMORANOS vs. PEOPLE

FACTS

Atty. Marieta Zamoranos was married to Jesus de Guzman, who is a muslim

convert, in Islamic Rites. Prior thereto, she converted to Islam. However, a little
after a year, they obtained a divorce by Talaq which was confirmed by the
Shari’ah Circuit District Court.

Afterwards, Zamoranos and Samson Pacasum contracted a marriage under

Islamic rites. They also renewed their marriage vows in a civil ceremony. They are
blessed with three (3) children. However, despite of their three (3) children, their
relationship turned sour and they were de facto separated. Their relationship
escalated into a bitter battle for custody of their children and arrived into a
compromise agreement that Zamoranos shall have the primary custody of their
children, and Pacasum with only the visitorial rights. However, the agreement
rankled down Pacasum to the point that he filed cases against Zamoranos
including a criminal complaint for bigamy.

ISSUE

Whether or not the marriage of Zamoranos and Pacasum is a bigamous one

RULING

No. It is evident that Zamoranos is a Muslim who married another Muslim,

Jesus de Guzman, under Islamic Rites. Accordingly, the nature, consequences, and
incidents of their marriage are governed by PD 1083. Hence, her Talaq with Jesus
de Guzman was valid, which entitles her to remarry Pacasum. Therefore, there
was no bigamous marriage under the case at hand.