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Mendez V. Sharia District Court: GR No. 201614

The Sharia Circuit Court and Sharia District Court improperly granted custody of a child to her father without following proper legal procedures. [1] The courts did not hold a required hearing before granting custody and did not notify or allow the mother to participate. [2] The courts also failed to clearly state the factual and legal basis for their decisions as required by the Constitution. [3] The case was remanded to the Sharia Circuit Court to properly determine custody in a new proceeding following all required legal processes.

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333 views2 pages

Mendez V. Sharia District Court: GR No. 201614

The Sharia Circuit Court and Sharia District Court improperly granted custody of a child to her father without following proper legal procedures. [1] The courts did not hold a required hearing before granting custody and did not notify or allow the mother to participate. [2] The courts also failed to clearly state the factual and legal basis for their decisions as required by the Constitution. [3] The case was remanded to the Sharia Circuit Court to properly determine custody in a new proceeding following all required legal processes.

Uploaded by

Patrick Dag-um Macalolot
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MENDEZ V.

SHARIA DISTRICT COURT


GR No. 201614

FACTS:

Sheryl M. Mendez and Dr. John O. Maliga were married under Muslim rites. Prior to their
marriage, the couple was already blessed with a daughter, Princess Fatima M. Maliga. Their marriage,
however, soured shortly after their wedding and two years after, Maliga led with the Sharia Circuit Court
a petition for judicial confirmation of talaq
from Mendez, with a grant of probational custody of their minor child.

According to Maliga, Mendez was a Roman Catholic and she only embraced the Islamic faith on
the date of their marriage. Shortly after being married, he claimed that he started to doubt the sincerity of
his wife's submission to Islam, having noticed no changes in her moral attitude and social lifestyle despite
his guidance.

Maliga added that despite his pleas for her to remain faithful to the ways of Islam, she remained
defiant. He alleged that sometime in December 2008, Mendez reverted to Christianity. Maliga went on to
add that she went to Manila a few days after their wedding and brought Princess Fatima with her without
his knowledge and consent.

In Manila, she taught their daughter how to practice Christianity by enrolling her in a Catholic
school. Maliga, thus, prayed for probational custody considering the unsafe religious growth and values
repugnant to Islam.

Mendez denied the allegations and further contends that she never received the summons in
connection with the urgent motion and never received a copy of the order granting temporary custody to
Maliga, which she had only picked up from the court herself.

The Sharia Circuit Court partially reconsidered its initial order awarding temporary
custody to Maliga by granting the right of visitation to Mendez and
subsequently confirmed the talaq between the parties and awarded to Maliga the care and custody of their
daughter.

Upon appeal by Mendez, the Sharia District Court affirmed the decision. Hence, the appeal.

ISSUE:

Whether or not the custody was properly granted to Maliga?

RULING:

NO. The orders of the Sharia Circuit Court and the Sharia District Court


awarding custody of Princess Fatima to Maliga were without evidentiary basis because no hearing was
actually conducted prior to the issuance of the order granting the urgent motion.  Moreover, there was no
explanation given as to why the motion was resolved without notice to, or the participation of Mendez.
Although the ShCC stated that, in deciding on the custody case, it scrutinized the evidence on
hand, it was remiss in its duty to state the precise factual and legal basis on which its ruling awarding
custody to Maliga was based.

Section 14, Article VIII of the 1987 Constitution mandates that decisions must clearly and
distinctly state the facts and the law on which they are based. The decisions of courts must be able to
address the issues raised by the parties through the presentation of a comprehensive analysis or account of
factual and legal findings of the court. It is evident that the Sharia Circuit Court failed to comply with
these requirements.

The ShDC, on the other hand, in affirming the findings of the ShCC, stated that Mendez was
disentitled to custody because she had turned apostate, and held that she would remain disqualified until
she return to the Islamic faith in accordance with the Muslim Law. It appears, however,
that disqualification due to apostasy under the Muslim Code pertains to disinheritance under Article 93
of the Muslim Code, and not to the custody of children.

The case was REMANDED to the Shari' a Circuit Court for appropriate proceedings on the
motion of Dr. John O. Maliga for the determination of custody of Princess Fatima M. Maliga.

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