5/14/23, 6:46 PM (2) Aviles Law - Sumagka v. Sumagka, G.R. No. 200697, June 10, 2019...

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Aviles Law
M a y 2, 2022 ·

Sumagka v. Sumagka, G.R. No. 200697, June 10, 2019

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SC: “The Muslim Code continues to govern the marital relations of
Muslim spouses who first wed under Muslim law rites and decided to
wed again under civil law rites.”
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FACTS:
On July 18, 1998, Rohaina and Abdulgani Sumagka, both Muslims,
married at Tinagacan, General Santos City, in accordance with Muslim
law. They reaffirmed their marital vows in civil rites before the then
Municipal Mayor of Alabel, Sarangani Province, on February 4, 2004.
However, their marriage soured. Thus, Abdulgani filed a Petition for
Divorce by Talaq before the SCC based on Art. 46 of PD 1083.
On March 14, 2011, the SCC granted Abdulgani’s petition and
declared the divorce by Talaq in accordance with the provisions of the
Muslim Code. Rohaina appealed the SCC’s ruling to the SDC, asserting
that civil law governs her marriage with Abdulgani. SDC ruled
otherwise.
ISSUE:
Whether or not civil law governs the marriage of the couple in this
case?
RULING:
The Court ruled, no. It noted that, it is “undisputed that Rohaina and
Abdulgani are Muslims whose marriage was first celebrated under
Muslim rites.” It held that the subsequent civil law marriage did not
supersede their previous marriage and that the Muslim Code under
which their first marriage was celebrated still applies.
Further, the Court agreed with the SCC and SDC that “the first
marriage of Rohaina and Abdulgani is the validating rite while the
second marriage is merely ceremonial…. Considering that the Muslim
Code governs the marriage of Rohaina and Abdulgani, the latter may
legally avail of divorce by Talaq under the Code”.
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For full text, read here: http://sc.judiciary.gov.ph/6440/
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Thank you po
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