Assalamualaikum warahmatullahi wabarakatuhu. I am Associate Professor Maklina Morados, Lecturer for Persons and Family Relations. Before we discuss the provisions on persons, I think I need to discuss to you the intro part of PD 1883. So what is PD 1883? This is actually a code signed by President Ferdinand Marcos on February 4, 1977 as a result of the claim of the Muslims to have their own personal loss. And this has been effective since 1986. And by virtue of this presidential decree, we have sharia courts in the Philippines.
And Muslims are so lucky because the government is... giving us the chance to be governed by partly the Sharia when it comes to persons and family relations. So under Article 1 of PD-1083, so this is simply the name of the code.
The decree shall be known as the Code of Muslim Personal Laws of the Philippines. The coverage and jurisdiction of this law will be discussed later. And under Article 2, this is actually the provision that stipulates the purpose of the code. So it reads, the Constitution of Philippines which provides that the state shall consider the custom, tradition, beliefs, and interests of national cultural communities in the formulation and implementation of state policies and this code. recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seek to make Islamic institution more effective.
So the Islamic legal system is actually recognized as part of the law of the land. And we can say that we have a... application of a plural legalism, legal pluralism here in the Philippines.
And next is to codify Muslim personal laws. So I'd like to mention that we are very lucky because not all Muslim minorities have their own Muslim personal laws. And this is very important because under the civil code, polygyny is not recognized. Divorce is not recognized.
Age of marriage, there is discrepancy. And there is really a need for Muslims to have a law that is responsive and sensitive to our... personal needs and also in consideration to our cultural and religious beliefs. And letter C, it provides for an effective administration and enforcement of Muslims' personal laws among the Muslims.
And Article 3, construction of code and definition of terms. This is very important. Article 3 states that in case of conflict of provisions, when you say magkaiba yung provisions, for example, Iba yung nasa civil code, iba yung sa revised penal code, at iba din yung sa PD-1083.
So, ang Article 3 po ang sasagot dyan. So, it says in paragraph 1, In case of conflict between any provision of this code and laws of general application, the former shall prevail. So, example. Under PD-1083, polygyny is allowed, but under the civil code and the family code, as amended by the family code, there is no polygyny.
In fact, the revised penal code provides a penalty for bigamy if you contract subsequent marriage. Okay, so, um, Article 3, paragraph 1 says, if there is a conflict between the revised penal code, which is of general application, PD 183 shall prevail. So that is why a Muslim man can marry up to four. And under Article 180, he is not liable of bigamy.
And paragraph two, should the conflict be between the two parties, Between any provision of this code and spatial laws or laws of local application, the latter shall be liberally construed or interpreted in order to carry out the former. So it is a matter of understanding and construction of the law. And paragraph three, this is a very important provision.
The provision of this code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-Muslim. So, for example, Abdul, who is married to Grace, a non-Muslim, and their marriage was solemnized under the civil code. Okay, even if Abdul is a Muslim, he cannot contract subsequent marriage and saying that I can marry up to four because I am Muslim.
Is that correct? Of course, no. Because Article 3, Paragraph 3 of PD-1083 protects Grace as a non-Muslim spouse. She is not covered by PD-1083. Therefore, Abdul cannot...
Contract E, subsequent marriage. Article 4, construction and interpretation. In the construction and interpretation of this code and other Muslim laws, the court shall take into consideration the primary sources of Muslim law, standard treatises and works on Muslim law, and jurisprudence shall be given persuasive weight in the interpretation of Muslim law.
Here in the Philippines, we are largely following the four Sunni school of thoughts. And in Southeast Asia, most of us are adherents of the Shafi'i school of thought. So we largely depend as to the construction and interpretation of some provisions of the Sunni school of thought. PDT-83 by giving weight on the four schools of thought. And also, when it comes to conflicts of laws and if PDT-83 is silent, then we can also recourse or have the We can consult other treatises of Muslim law, jurisprudence of other Islamic states.
And also, in case PD-1083 is silent, there is this rule that the civil code or the rules of court shall be... applied suppletorily. Okay?
And Article 5... proof of Muslim law and ADA. So this is very important because we Muslims adhere to our cultural traditions. We have ADA or cultural practices. But take note that Muslim law and ADA not embodied in this code shall be proven in evidence as a fact.
So it's not automatic acceptable before the Sharif Accord. No other which is contrary to the Constitution of the Philippines, this code, Muslim law, public order, public policy, or public interest shall be given any legal effect. And in case of conflict in Islamic schools of law, as I have mentioned earlier, we tend to follow the four orthodox Sunni Muslim schools.
schools of law, the four madhabs. And for Muslims in the Philippines, we adhere to the school of thought of Imam Shafi'i. And for Article 7, we have the definition. This is very important because all throughout PDT-83, we will be encountering terminologies.
So let me... discuss to you briefly these important terminologies. Okay. First is Agama Arbitration Council.
So it means a body composed of the chairman and of representatives of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them. So, um... The Agama Arbitration Council will be constituted in cases of divorce by talak, in case of divorce by tafid, and also in case of contracting subsequent marriage.
So the details and procedure in the Agama Arbitration Council will be discussed. in the succeeding lecture. ADA means customary law.
So when we say customary law, it should be observed for many years, generation by generation. It is not just like, bigla na lang may magsabi na this is our tradition. In case it is not mentioned under PD-1083, then you have to prove that as an evidence.
Then general register, it means the general register of marriages, divorces, revocation of divorce, conversion, and such other deeds or instruments kept by the register under this code. When we say ihram, it signifies the state of ritual consecration of a person while on pilgrimage to Mecca. So this term ihram, you will encounter this in Article 32, one of the facet marriages.
When the partners are observing ihram, that would render the marriage as voidable. So that is why some of these terms are explained earlier. So what is madhab?
The plural is madahib. So it means the four order of Tunisian schools of Muslim law. So Hanapi, Hanbali, Maliki, and Shafi'i. So when we say month, just like the civil code, it talks about 30 days. This is very important because when we discuss about divorce, There is this Iddah period and also observance of, you know, there are other important provisions in the code that requires computation of the number of days.
And finally, when we say Muslim, so it means a person who testifies the oneness of Allah and the prophethood of Allah. Prophet Muhammad sallallahu alayhi wa sallam. So, these are the people who profess Islam. Okay? And Muslim law, okay, it refers to the Sharia, no?
So, It includes all the ordinances and regulations governing Muslims as found principally in the Quran and the prophetic tradition. So we have to be very careful because when you say Sharia, that is already Islamic law. So you don't say Sharia law because that would be redundant.
You either say Sharia or Islamic law. Then Muslim personal laws. This is very important.
In Article 13, Paragraph 3, you need to understand the definition in relation to Article 13, Paragraph 3. So what does it say? Includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession. and inheritance and property relation between spouses as provided for in this code.
So Muslim personal laws limits the jurisdiction of the Sharia court. And Article 13, Paragraph 3 will give the details of what constitutes Muslim personal laws. That is the introductory part of PD1083.
Assalamualaikum warahmatullahi wabarakatuh. So we will now discuss book two of PD1083, Persons and Family Relations. So I have discussed in the first part of the video, the intro part. Now I'll be discussing another important historical background of PG-1083.
So there is a question, what were the laws? applicable to the Muslims prior to the effectivity of PD-1083, no? So the answer to that is that from August 30, 1950 up to February 3, 1977, remember the PD-1083 took effect on February 4, 1977, no? So on marriage, The applicable laws are Article 78 and 79 of the new civil code as amended by RA 6268 which provides Article 78, marriages between Mohammedans or pagans who live in non-Christian provinces.
may perform in accordance with their own customs, rights, or practices. No marriage license or formal requisites shall be necessary. So Article 78 says that when Muslims, the term Muhammadan seer is actually a misnomer because Muslims do not... Islam is not founded by Prophet Muhammad. So the right term should be Muslims.
If both Muslims living in non-Christian provinces, meaning outside, for example, in today's situation, outside the barb. So, none... a province where the majority are non-Muslims.
They can perform their marriages in accordance to their own customs, rights, or practices. In fact, there's no need to produce marriage licenses. marriage license and there were no formal requisites required. So that is Article 78. And under Article 79, mixed marriages. So one of the party is a Christian male and the other party is a Muslim female.
The marriage shall be governed by the general provisions of this title and not by those of the last preceding article. So in this case, the civil code will apply. will apply, but mixed marriages between a Muslim or a pagan male and a Christian female, it may be performed under the provision of the last preceding article, if so desired by the contracting parties.
This is the difference between the Civil Code and PD-1083. Before, yung mixed marriage, ang lalaki ay Kristiyano, tapos ang babae ay Muslim. Yung general provision ng Article 78, hindi siya mag-a-apply, but it's the civil code.
So, it will follow with the... essential requisites as provided by the law, and there's maybe a requirement for a marriage license. That's according to Article 79. But in case, magkabaliktad naman, it's the Muslim or pagan who is a male, and then the spouse is a Christian female. It says na pwedeng the marriage will be performed in accordance to the Muslim tradition or to the pagan tradition provided that the contracting parties desire to do so.
So there is a need to get the consent of the female non-Muslim or a female non-Muslim. pagan in case of a mixed marriage. So that was the scenario of marriage, marriages prior to the effectivity of PD-1083. And this condition changed when PD-1083 was signed by President Marcos and it took effect on February 4, 1977. Article 13, the applicability provision of PDT-833, we will discuss that later.
So this is something that you need to remember. because There are bar questions asking where the laws applicable prior to the effectivity of PD-1083. So the answer is Article 78 and Article 79. So you have to discuss this provision. In matters of divorce, prior to PD-1083, we have this Republic Act.
number 394. This is an act authorizing for a period of 20 years divorce among Muslims residing in non-Christian provinces in accordance with Muslim customs and practices. The government has to respond to the needs of the Muslims especially when they are residing in in non-Christian provinces, meaning majorities are Muslims. So if in that province, Muslims are the majority, then most likely there will always be cases of divorce. So wala pang P1883.
So what happened? So the government, okay. responded to the needs of the Muslim by signing into law Republic Act No. 394. And this was enacted in June 18, 1949. And then it was extended by presidential decree 793 with a retroactive effect on June 19, 1969. Okay. So there is a bar question that asks, is a divorce obtained in 1972 valid under the Muslim code?
If not, why and why not? This was a bar question in 2003. So the answer is no. Republic Act 394 is no longer applicable as it lapsed on June 18, 1969. It was not until September 4, 1975 that it was extended by Presidential Decree 793 with a retroactive effect on June 19, 1969. So a divorce in 1972. It is not covered by the extended law on divorce. So the answer is, therefore, the divorce obtained in 1972 was invalid.
So let us now move to the coverage of the provisions. So we will be talking about... persons and family relations. So, ano ang saklaw ng persons and family relations? I always start my lecture with this introductory part because when you're preparing for the bar exam, it is really very comforting on your part.
If you... can have a good grasp of the provisions and articles. So, you can recall which part of PD-1083 that talks about this topic. So, please take note of the following. So, for Title 1, it talks about civil personality.
So it refers to Articles 8 to 12. And then we have Title II, Marriage and Divorce. So this is the Chapter 1, but it starts with Article 13 or simply the applicability. Okay. Article 13 is very important because it will answer the question, to whom does PD-1083 apply? So this will answer the questions, what if the male is a Muslim, then the female is a non-Muslim, but she consented to be married under Islamic law, so is PD-1083 applied?
applicable to them. And the husband contract is subsequent marriage. So Article 13 is the provision that will answer to that type of questions. So if we go to Chapter 2, this is the chapter on NICA.
So under Section 1, you have the requisites of marriage. Article 14, it talks about the nature of marriage under Islamic law, under PD-1083. Is it similar with the provision of the civil code?
So Article 15 talks about the essential requisites. Article 16, the capacity. 17, the ceremony, so on and so forth.
And Article 22 talks about breach of contract to marry. So I want you to visualize in your mind when you need to locate questions relating to Dory. So what part of PD-1083 is she in?
So, Ito yung purpose nung pagbibigay natin ng introductory parts sa topic. For you to be familiarized with the sequences of the topics discussed under persons and family relations. Then for section 2, it talks about prohibited marriages.
So, Article 23 talks about the enumerations of the prohibited marriages. So, what are these prohibited marriages? Marriage, prohibited marriage due to consanguinity, due to affinity, and then to foster age due to foster age or radaa and then there's also a prohibited marriage considered as unlawful conjunction. So these are the topics under section 2. For section 3, it talks about subsequent marriages.
When we say subsequent marriages, Yung mag-aasawa uli. Of course, Article 27 by the husband. Paano mag-aasawa muli ang isang husband?
Is he allowed to marry up to four? What are the conditions? So, sasagutin niya ni Article 27. And may mga procedural...
requirements na dapat ma-observe dyan. And then after a marriage by the husband, we also have this marriage by a divorcee. Yung babaeng dinivorce. Ano yung mga requirements bago siya ulit pwede mag-asawa?
So kung siya ay may ana, okay? Ano ang effect? nito sa pag-observe ng IDA? At ano ang effect nito if buntis siya? Ano ang effect nito if buntis siya, then ipapanganak niya yung bata and she expressed her desire to breastfeed the baby.
So what's the implication of this act? of this condition in terms of support. So these are the things that are discussed under this provision.
And then next is marriage by a widow. So paano mag-asawa ang isang biudang babae? Anong klaseng ida ang kanyang i-observe?
Ano yung mga requirement na dapat niyang gawin? kasi hindi lang basta-basta na nabiuda siya, then pwede na ba siya mag-asawa kaagad. So there are limitations and there are conditions to be observed. And Article 30 talks about talakbayin kubra. And in the lecture proper, you will know that talakbayin kubra is a case of a divorced woman.
Repudiated by the husband for three times. That the period and the status of the divorce is elevated into irrevocable. So there is a need to observe certain condition for the husband to remarry the. So, ito yung content, ito yung laman ng mga articles na nabanggit dito. So, under section 4, ang pinag-usapan naman is about battle and facet marriages.
So, ano ba ang battle and facet marriages? Ang battle, it means void from the very beginning. So, like for example, If the marriage is contracted in violations of the prohibition of marriage due to family relations, then the marriage is considered void from the very beginning. Also, in case where one of the spouses or the spouses planned or was the cause of the death of the first husband or the first wife, then the marriage is considered also void ab initio.
And it... Article 32 talks about facid marriage. When we say facid, voidable, it's not void but voidable, meaning defective.
So there are several types of voidable marriages. Like I have mentioned earlier, when a person, parties, observing ihram, No. the status of the marriage is considered a fasid. If you contract a marriage with a divorced woman without her observing the proper iddah, same with a widow, then that is also considered as void. Marriage during death illness, marriage With the presence of fear, force, intimidation, the marriage is considered voidable.
And Article 33 talks about the condition on how to cure the defect of fasted marriages. So, this is where we will understand... niluluob ng P1883, ma-appreciate natin.
So when you go over in the lecture proper, magmemory recall. So for topics related to marriages that are considered fasid sa Section 4 yan. Under Articles 30-32. So ito yung um importance ng pag-tutore ko sa inyo, pagbibigay ko sa inyo ng background tungkol sa nilalaman ng PD-23. So let's move on.
Section 5, it talks about rights and obligations between spouses. So Article 34 to 36, duties of the husband, duties of the... of the wife and also the obligations. Dito po napapaloob yung mga usaping karapatan ng bawat isa. So that is Articles 34 to 36. Pagdating naman doon sa property relations, What is...
batas na umiiral when it comes to property relations ng spouses. So ang sasagot dyan, Article 37 and 44. The difference between PD-1083 and the civil code or the family code is very opposite. Because under PD-1083, in the absence of any prenuptial agreement or any signed contract before the marriage, the default property relations between the spouses, PDT says it's absolute separation of property.
In the family code, the default property relation is conjugal property. Hati 5015. But under PD-1083, the property, the parafernal property, all properties that belong to the wife prior to the marriage will be considered her personal and exclusive property. So it includes administration, disposition.
The wife can even dispose her property. without asking the consent of the husband. Okay? So, that's, again, I can say, yung difference ng rights of the wife under PD-1083 vis-a-vis the Family Code of the Philippines.
Okay? But, of course, remember always, you will be... govern or covered by PD-1083 if your marriage was solemnized under the Islamic rights.
No? under PD-1083. If not, even if you are both Muslims, then your property relations will be governed by the civil code.
So we will discuss that when we come to Article 13. When it comes to Chapter 3, Nature and Form of Divorce. Articles 45 to 55, under PDT 83, mind you, there are seven types of divorces. And recently, there is this law passed in the House. I think it's almost approved.
Also, they call it as a divorce law. And what is unique here is that this new law about divorce, No. They also have this Iddah period. Mas mahaba yung Iddah period nila.
But subhanallah, dito mo makikita yung guidance at relevance ng Islamic law. Na ina-adapt na rin ng ating mga kapatid na non-Muslims. So the topics on divorce is very interesting.
There's a lot of things to discuss and to learn here. But before discussing this topic thoroughly, I just want to remind everyone that the default mentality of a Muslim is what I always tell my students forever. Never entertain thought about divorce. because of all the Most hated thing before the eyes of Allah subhanahu wa ta'ala, it is divorce.
But it is allowed because Islam is a very practical religion and Allah subhanahu wa ta'ala provides us an ease. So if you can no longer live together happily, then why stay together and make life miserable? So divorce is an option.
but only after all the possible means of reconciliation. And one form of mechanism to encourage reconciliation is actually the observance of iddah period. Iddah is waiting period or cooling off period. So. Here, there's different types of idda to be observed.
And here we can see that the function of idda is to expose all possible means for reconciliation and also to determine whether or not the wife is pregnant. That is also a mechanism. to protect the right of the child inside the womb of the mother, especially in cases where she is divorced by the husband or she herself is the one who seeks the remedy from the Sharia court.
Because mind you, out of the seven divorces under PD-1083, only two is directly initiated by men. The rest of the types of divorce under PD-1083 is initiated by women. And we will discuss that in details in our face-to-face lecture, inshallah.
So Title III talks about paternity and filiation. So when we say paternity, it's the relationship of the father to the child, and filiation relationship of the child to the parents. And as we tend to do, just like the civil code, The presumption is that the presumption is always known for the best interest and to protect the child, to ensure that the child's welfare will be given due credit.
So in the absence of any proof or evidences, always the presumption that the child is born. into a couple with a valid marriage. So the presumption is more on the legitimacy of the child. And Title IV is about support. So Article 65 to 17. So 65 defines what is support.
And the succeeding article talks about what constitutes support, how to demand support, what are included in the support. And sadly, under PD-1083, failure to provide support, there is no sanction. But you can go to the Sharia court and you can petition for... And inshallah, in the future, the provisions on support will be given consideration by putting some sanctions in case the father or the person entitled to give support will not perform his duty out of negligence. And if there is no unreasonable ground to, unreasonable ground, why he failed to perform his duties and obligation.
Okay. And Title V talks about parental authority. So the nature and effects of parental authority.
Is it similar with the civil code? So we will be discussing the details of this. And who will exercise authority over the property of the minor children?
What is the role of the mother in relation to the child when it comes to making decision? what are the duties and role of the father in relation to the property of a minor child. So again, these provisions are very interesting.
And then finally, custody and guardianship, this will be discussed in Article 78 to Article 18. So custody of minor children, especially in the case of a divorced wife, divorced mother. Saan mapunta ang mga bata below seven years old? So ito yung isa sa mga topic. So when it comes to guardianship, again, It's related to the parental authority, but it's more specific. We have what we call guardianship as a wali.
The wali, Article 79. And also guardianship over the property of the minor children. So there are orders and preferences. kung sino ang inaatasan ng batas.
All of this, if you look at the rationality of the law, this is to protect the interest of the child and advance the welfare of the child. Because under PD-1083, binibigyang din yung karapatan din ng mga anak. Rights and obligations of the parents toward the children. Rights and obligations of children towards their parents. And if we move to Title VI, these are topics that cut across other subjects of Sharia Bar, registry of marriage, divorce, and conversions.
This can be tackled under Islamic jurisprudence and procedure, Articles 81 to 87. Then other acts affecting civil status, we will also discuss that one. And book for the Agama Arbitration Council, specific provisions applicable are Articles 160 to 163. So what will happen if the husband pronounces talak or the wife pronounces tafwid? Talak. is the domain of the husband to pronounce, to repudiate the wife.
But he can delegate this authority to the wife by virtue of taqwid. So ano ang procedure? So isa ito sa mga itatakel under the Agama Arbitration Council.
And also, the procedure, the procedure, in case the husband desires to contract subsequent marriage. And then Book 5, Title 2, talks about communal property, Articles 173 to 174. Then on conversion, 176 to 179. And another important provision that relates to persons and family relations, relations, procedure and response. prudence is Article 180. This is the rule in bigamy.
And then special offenses, we will also discuss this one. And the transitory and final provisions just in passing, that's Article 186 to Article 190. Overall, there are 190 provisions under PD-1083. Okay, so let us now discuss related provisions. So, ano yung mga importanteng provisions under PD-1883 na connected and related din sila sa ibang mga provisions?
Because I want you to have an overall view of parang framework of PDT-83. So when you encounter a case or a problem, agad papasok sa isip ninyo, ah okay, this is Article 13. Ang sasagot ng case na to is Article 13. Then yung reference of what constitute Muslim personal laws, Article 7, Paragraph 8. Then, if there is a non-Muslim spouse, ano yung applicable provisions kung saan masasabi natin protected po yung non-Muslim spouse under PDT-83? So, first, let us discuss Article 13. Article 13 is actually applicability clause.
So this will answer the question, to whom does PD-1083 apply? So it gives us three scenarios. One, if both Muslims decide to be married under PD-1083, So the law that will govern their marriage will be PD-183.
The law that will govern about divorce is PD-183. The law that govern about custody, support, so on and so forth, as long as it relates to personal laws, then PD-183. So it's important to establish question muna, saan sila ikinasal? If sila ay kinasal under PD-1083, solemnized by Imam.
then PD-1083 shall apply. Second scenario, a Muslim male marrying a non-Muslim female. So this non-Muslim female, even without converting to Islam, agreed to be married by the imam. Okay? So what?
law shall govern their marriage? Okay? It's PD 1083. So, later on, if the husband contracts a subsequent marriage, this non-Muslim wife cannot go to court until the Sharia court. Judge, nag-asawa yung husband ko. Hindi po ako Muslim.
So, hindi po ako applicable. sa akin ang PD-1083. Therefore, I will file a case of bigamy against my husband.
Is the wife correct? No. Because she consented to be married under PD-1083. Okay?
If the non-Muslim female, okay, did not agree to be married under PD-1083, but she opted to be married under the civil code, then the civil code will apply. So you have a scenario where the husband wants to contract a subsequent marriage later, and then he would use as a defense his being a Muslim. You know, you have to ask the question, Sandali, saan ka ba ikinasal na una?
So kinasal siya sa isang civil wedding. Therefore, civil code ang mag-apply. And under the civil code, wala pong polygyny.
Wala pong subsequent marriage. In that case, he is liable of bigamy. So, I think let us make it clear, no? Sa dalawang instance na yun.
Even if, for example, both Muslims, okay? or either of the parties is Muslim or non-Muslim, as long as they decide to contract their marriage not in accordance with PDT 93, then the civil code will apply. Okay?
So, question. Ma'am, what if double wedding? Nagpakasal po sa civil, tapos nagpakasal naman sa imam? O kaya?
nauna muna si imam, tapos nagpakasal sa civil. Ang hatol po dyan ay ang magpre-prevail na batas applicable sa kanilang marriage relationship would be the first ceremony. Kung nauna si civil, even if after 30 minutes, nagpakasal sa imam, still civil code will apply. And Also the same in the case if balikta rin natin.
Nauna si imam, sinundan ni civil code ni judge sa civil, ang magpre-prevail pa rin is PD 1083. So later on, the wife cannot tell the husband that you're not allowed to marry. Under Article 27, he is allowed up to four. as long as he will comply with the stringent condition and also comply with the procedural aspect of filing the notice.
So, we will talk about that later. So, how is Article 7 paragraph related? Because of the question of what are the cases that fall under PD-1083?
What or what? constitute Muslim personal law. So, pupunta ka sa enumeration ng Article 7, Paragraph I, or yung nakasaad sa Paragraph 3 ng Article 13. So, it talks about marriage, talks about divorce, custody, parental authority, succession, so on and so forth. Okay?
So, Paano naman related sa Article 3, Paragraph 3 sa Article 13, General Application or the Applicability Clause? Simply, Article 3, Paragraph 3 says that No provision of PD-1083 shall be used to prejudice a non-Muslim spouse. Okay? So, ibig sabihin, we have a very good example. Yung recent ruling ng Supreme Court, yung Malaki versus Malaki case, yung husband, non-Muslim, nag-convert siya.
Kinonvert niya pa yung kanyang pakakasalan to Islam. So nagpakasal sila. Okay?
And the wife, now, nag-file ng bigamy case ng husband against the husband and the second wife. And ginamit na defense ni husband. Hindi ako liable ng bigami because Article 180 says that for Muslims, male Muslims, as long as the wedding is solemnized under PD-1083, walang bigami.
Okay. Tama yun. Pero he was previously married to a Christian wife under the civil...
under the civil... wedding, therefore, the civil code will apply. And under the civil code, there is no polygyny. Therefore, the Supreme Court found the husband and the second wife guilty of bigamy.
They are guilty. This is a landmark case where one of the doctors doctrines stipulated in this case that conversion to Islam is not a defense to be exonerated of the crime of bigamy. It's not an excuse. Because your first marriage is solemnized under the civil code, what should be done properly? Ano yung dapat gawin muna?
You have to first annul your civil wedding. Mag-file ka muna ng annulment. Annul na muna.
Saan? Sa regular court. Bago ka po magkaroon ng capacity to contract subsequent marriage. Okay?
Yun. Okay. When we go to Article 78, special case, this is conversion of non-Muslim spouses to Islam in relation to Article 13. This is a scenario where husband and wife are Christians. And then later, they decided to embrace Islam. They talked about converting.
And they also registered their marriage, their conversion. And then they also communicate their desire to the Sharia court. along with their registration of their conversion, that they want their marriage to be governed by PDT-83.
Aloud ba? Yes. Aloud yun.
And in fact, this Article 178 is the most abused provision. Ito yung ginagamit ng mga non-Muslims na mag-convert sa Islam. para maka-avail ng divorce. This is actually circumvention of the law. Ito yung masakit sa ating mga Muslim, ginagamit ng Islam, mag-convert, tapos para makapag-divorce, o kaya makapag-asawa ulit, mali po yan.
So remember Article 178 is only applicable if The spouses, husband and wife, enter Islam, converted to Islam. But if one only, kung yung husband lang or yung wife, then the other party is not governed by PDD-83. So the procedure to contract a subsequent marriage, Okay. will not apply in that case because he is still considered married under the civil code and he can be liable of... crime of bigamy.
So, tandaan natin ang article 178. Then, article 186, paragraph 1 and 2, this is something, for me, exception to the rule. Like, for example, it says na, the husband, a Muslim husband married to a non-Muslim under the civil code prior to the effectivity of PD-1083. In the absence of impediments under Islamic law, they can actually register their desire, their marriage under PD-1083. And it will have a retroactive effect to the time of the marriage. The marriage will be considered as if solennized under PD-1083.
But all other obligations stipulated prior to PD-1083. PD-1083's effectivity will remain. Like, for example, if there is already agreement regarding support, if there is already agreement prior to the effectivity of PD-1083, it will not in a form of like cancelling previous rights and obligations. And the special case is that I mentioned earlier, down.
Yung lalaki na Muslim kinasal sa civil with a non-Muslim wife, should they desire to be governed by PD-1083, after the effectivity of PD-1083, after February 4, 1977, they can register their marriage. So, in that case, their marriage will be considered as if solemnized. under PD-1083. So, ito yung function ng Article 186. So, ano naman ang relationship ng Article 27 subsequent marriage to Article 162 in relation to 161 Paragraph 2. The Constitution of Agama Arbitration Council.
So, the law says under PD-1083 man is allowed to contract up to four marriages he can have up to four wives provided he can observe the stringent condition of providing them equal companionship in terms of economic provisions he can provide equity no um Mahirap sabihin mo na equal love. Even Prophet Muhammad SAW said na mahirap sabihin ang isang lalaki magmahal ng pari-pariho. Like for example, sa apat na wife. So it's impossible to attain that. But at least in terms of companionship, in terms of providing comfort, support, dapat fair and equal love.
equal ang husband. Yun lang yung makakumplay ng condition na yan. And also in special circumstances, like for example, ang asawa ay may sakit, she cannot anymore perform her marital duties towards the husband, and other acceptable reasons, then polygyny is allowed.
However, PD-1083, apart from imposing that stringent condition, it also requires a procedural, there is a procedural requirement. What is this procedural requirement? Filing of notice, written notice.
So the husband desiring to contract a subsequent marriage should file a notice to the Sharia court. where the wife resides or if they're outside the barn to the closest sharia court. So what will happen there?
If the wife will protest, she is given seven days to respond to the notice. And after receiving the response from the wife, if there is contention, if there is protests, the court The judge will constitute the Agama Arbitration Council. The Agama Arbitration Council is composed of the clerk of court as the chairman. And then the wife will elect her representative.
Also, the husband will elect his representative. And they will talk about the issue. Should the court the Agama Arbitration Council finds reason, valid reason of the protest, then it will be submitted to the Sharia Court and then the judge will determine and decide in accordance to Article 27. So, that's what the law said. So, 162, filing of notice.
161, paragraph 2 is constitution of Agama Arbitration Council. Okay? So in case the husband failed to notify the wife, what would be the consequence?
Okay, so Article 183 talks about offenses relative to subsequent marriage. So what is the fine? Okay, so PDT-1083 provides that the husband will be liable of fine.
of not less than P200 and not more than P2,000. It's cheap. The PD-1083 should be amended.
Or an imprisonment of one day to 30 days. So that's the offense. But there are already jurisprudence that says that filing of notice, knowledge of the wife is very important. While in the hard Islamic law, okay, some of our scholars and our Islamic jurisprudence in other Islamic countries says that consent is not a requirement to the validity of the marriage.
But here in the Philippines, under PDT-83, filing notice and also to get the consent of the wife is now an important process before a husband can contract a subsequent marriage. because you have to notify the wife. You have to listen to her, her reason.
there is a valid ground to deny the husbands of contracting subsequent marriage. Like for example, I've encountered a case na yung take-home pay ng husband is only P5,000 a month and they have like three children. Okay, so how can you justify equal economic support? given to the first and the second family with that very limited financial resources.
So these are the things that you really need to consider. So this is the law that is the interpretation of Article 27 in relation to Article 162 in relation to Article 161 paragraph. to the Constitution of Agama Arbitration Council and failure to observe procedural aspect, then let us go to Article 183, which provides the penalty.
Minor. In fact, it's just a fine. Not less than 200 pesos, but not more than 2,000 pesos. or an imprisonment of... One day from, from one day to 30 days, no?
Arrest to menor, no? So, yun ang, ang, ano ng provision. Okay?
Okay. Okay. Okay. Assalamualaikum warahmatullahi wabarakatuh. So, we will now, um, to up, to up.
appreciate more about PDT-83 with focus on persons and family relations, I will give you a... introduction, introductory discussion on Supreme Court decision on cases decided by the Sharia Courts. This is a case analysis. It's not a profound presentation, but I just want you to appreciate data we have available at the Supreme Court.
And I'd like also to acknowledge that the major reference for this presentation is based on the report of Datu Said Umar K. E. Jirani, a student under IS 271, second semester in 2023-2024. to acknowledge the source. You know, UP is very particular about plagiarism.
So even in the presentation, we need to acknowledge our sources. Okay. So here are some of the cases decided by the Supreme Court. no um and the applicable provisions.
Okay, so here are some of the cases decided by the Supreme Court. And also indicated here are some of the applicable provisions that you can use as a point of reference. So in the case of Al-Wadi versus Honorable Abdul Majid J. Asti, this was decided in September 26, 1988. So it involves Article 3 of the Muslim Code because the facts of the case shows about the application of PD-1083 to a non-Muslim spouse. And also in relation to Article 13 of the Muslim Code or the Applicability Clause. And it also enumerates the purpose of the code.
And then when it comes to the question on the validity of the marriage of a judge, contracting a subsequent marriage, we have a good case. This is the case of Sulu Islamic Association of Masjid Lambayung versus Judge Malik. This was decided in September 10, 1993. So Judge Malik was...
the respondent of a case filed by some of the members of Sulu Islamic Association of Masjid Lambayung. The question, the capacity or the validity of the marriage of Judge Malik to contract a subsequent marriage. And he was like accused of... In this case, no less than the wife of Judge Malik who submitted his statement to the Honorable Court stating that Judge Malik in contracting subsequent marriage did not violate any provisions of PD-1083 because he was a very pious person.
person and a very supportive husband. So the issue here, whether or not it is immoral for a Muslim male to have more than wife, the court decided in favor of Judge Malik. Since the first marriage was solemnized under PDT-83, then Judge Malik has the capacity to contract a subsequent marriage. And...
And according to his wife, he complied with the provisions, conditions stipulated under PD-1083. Under PD-1083. And also... no less than the wife herself, who defended Judge Malik. So the court, the Supreme Court, decides in favor of Judge Malik.
Okay? So he was not guilty of bigamy. And under Article 180, he is not liable. Okay?
And then there's another case. This is a very controversial case. This is the case of Sabrina Bundaji versus Fauzi Bundaji. This was decided in 2001. So this case talks about the applicable articles. The article here is the articles or provisions related to parental authority.
So in the case of Bundaji versus Bundaji, the court decided, granted the custody of the child to the wife, Sabrina, who previously converted to Islam, but later... she denounced Islam. And the court says that in the best interest of the child, the case should be decided in accordance to the civil code. Hence, Fauzi, despite of being a Muslim and who also fought for the custody of his children, in order to rear them in accordance to Islamic teachings, he lost the case.
But late in the recent decision, no less than Associate Justice Leunen, who said that this decision of Bundaji versus Bundaji should be revisited. Because the... applicable law that governs their marriage should be the law that is applicable during the marriage, not thereafter. So since the marriage was solemnized under PD-1083, the case on custody should also be decided under PD-1083. So this is the issue in the case.
Bundaji versus Bundaji. And I will be sending to you a full version of these cases because I have copies. And we will discuss the details, the issues, the facts during the face-to-face lecture. So there's another case also decided in 2010. Tumawis versus Honorable Balindong.
And the issues here revolve around the purpose of the Muslim Code. So this was a case filed by Tumawis. He appealed to the Supreme Court and the Supreme Court here decision is largely based on the purpose of the Muslim code.
Again, I'll be sending to you the full transcript of this case. And then there's another case, Estrelleta, Julia J. Vo, Liave versus Republic, and Hadja Tamano and Adib Tamano. this decision involved the application of Article 186 of the Muslim Code. As I mentioned earlier, Article 186 says that prior to the effectivity of PD-1083, all the duties and obligations will remain.
So whatever the agreement. It will continue. And also under Article 186, it also says that a Muslim man whose marriage was solemnized not in accordance to Islamic law after the effectivity of PD-1083 with the consent of the other party can opt to register their desire that their marriage will be governed by PD-1083. Then another case, interesting case is about the case of Samouranos versus P. people. This is application of Article 349, the revised penal code in relation to Article 180. Samouranos here is accused of committing bigamy because the complainant alleged that Samouranos was previously married when he married her husband.
The Supreme Court decided in favor of Samoranos because it found out, based on the facts, that Samoranos was, while it's true that Samoranos was married to the Guzman, but their marriage was under the Islamic law. The Guzman was a convert and he was properly divorced. So therefore, Samoranos, in contracting a subsequent marriage, she is already a divorced woman.
Therefore, she is not liable of pigamy. So that's the gist of the case of Samoranos versus people. And then there's another case, Mendes v. Sharia District Court v. Dr. Maliga.
So this is about a custody case, but just the same, the custody is awarded to the mother because the child here is below seven years old. And according to the Supreme Court, the... the complainant failed to prove that Mendez, the mother here, is incapable of rearing the child. So that's the gist of the case of Mendez versus Sharia District Court and Dr. Maligan. So Again, there's another case, Pacasum versus Zamoranos.
So this was decided in 2017. This is related to the case previously I showed to you. So the decision of the court discussed about the kinds of divorce and the effect of divorce. Okay, so I will be again sending to you the gist of the transcript of the case. In fact, this is available online. You can search this online.
So there's another case, Municipality Ubtanggal versus Balindong. This was decided in 2017. So, interestingly, the decision… Here it talks about definition of the term Muslim under the Muslim code. And another case, Rohaina Sumagga versus Abdul Ghani Sumagga.
The issue here is the validity of pronouncing talak of the husband. This is a case of a Muslim civil. combined Muslim civil marriages.
The wife here alleged that Abdul Ghani Sumag do not have the capacity to contract a subsequent marriage. She was not informed. But then later, the court discovered the facts that Rohaina Sumagka was validly divorced by Abdul Ghani Sumagka.
And their marriage was the kind of a marriage that... First, it was solemnized by an imam and then it was followed by a civil wedding. So, Ruhaina is wrong in saying that the law that governs their marriage is the civil code. Because the first marriage is considered the governing law that will apply and the second marriage is considered ceremonial.
So another case decided by the Supreme Court, Francis Malaki and Salanatin Malaki versus People. So this is an issue pertaining to liability of the husband under the revised penal code of the crime of bigamy. So this is a case also related to Article 3, paragraph 3. three.
Francis Malachi is a convert. However, before conversion to Islam, he was married to a non-Muslim and their marriage was solemnized under the civil code. And after conversion, he thought that being a Muslim, being a convert, will give him the authority or the capacity to contract subsequent marriage. But the Supreme Court decision states that he committed the crime of bigamy.
Because Article 3, Paragraph 3, the wife of Francis Malaki is protected. there is no polygyny under the civil code and the proper way, the right thing that Francis Malachi should have done first is to annul his marriage with the first wife, annul under the regular court. And then after the annulment, that's the time that he can enjoy the privilege as a Muslim of contracting marriage even up to four. So this is a case that you need to remember.
What are the issues involved here? One is it answers the question whether or not conversion to Islam will... will make the husband exempted from the crime of bigamy.
Unfortunately, conversion, if married under the civil code prior to the subsequent marriage, always remember he is liable of the crime of bigamy. Okay? so So here are the facts of the case, but I will not anymore discuss this in the interest of time.
But I want the students to have a copy of this slide and you study the facts of the case. And I will be sending you questions that you can... do as an assignment.
Okay? Okay. So all the facts of the cases, the gist of the cases are here, but I will not discuss this one by one. I will hold you responsible in studying the case and analyzing the decision of the Supreme Court.
And we will have a workshop. Okay? Okay. So this is all for now.
Wassalam. Thank you very much. So, yun lang po.