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Tamano v. Ortiz G.R. No.

126603 June 29, 1998

The case is all about the petition for declaration of nullity of marriage filed by Haja
Putri Zorayda A. Tamano (Zorayda) against Senator Mamintal Abdul Jabar Tamano
(Tamano), on the ground that it was bigamous, because during their marriage,
Tamano and Estrellita J. Tamano also enter into contract of marriage in civil rites.
Private respondent alleged that Tamano never divorced her Zorayda and Estrellita
was not single during that time, because her previous marriage with Romeo Llave
never became final and executory for non-complaince with publication requirements.
Estrellita filed a motion to dismiss alleging that the RTC of Quezon City was without
jurisdiction over the subject and nature of the action, since Tamano and Zorayda
were both Muslim and married in Mulim rites. The jurisdiction to hear and try the
instant case was vested in the sharia court.
The Ruling of the RTC:
The RTC denied the motion, ruling that the intant case was properly cognizable by the
RTC of QC since Estrellita and Tamano were married in accordance with the
Civil Code.
The motion for reconsideration was also dismissed. Hence petitioner filed the instant
petiton before the SC. The SC referred the case to CA for consolidation.
The Ruling of the CA:
The CA affirmed the RTC rulings.
The CA ruled that the instant case would fall under the exclusive jurisdiction of the
Sharia court only when filed in places were there are sharia court, since there was no
such courtin uezon City, theinstant case could properly be filed before the Regional
Trial Court.
Whether or not the Sharia court and not the RTC has jurisdiction over the subject and
nature of the action
Under the Judiciary Reorganization Act of 1980, RTC have jurisdiction over all actions
involving the contract of marriage and marital relations.
The declaration of nullity of marriage, is a personal actions, may be commenced and
tried where the plaintiff or any of the principal plaintiff resies, or where the defendant
or any of the principal defendants resides, at the election of the plaintiff.
In this complain, it was alleged that Estrellita and Tamano were married in
accordance with the provision of the Civil Code. It was only in her motion
forreconsideration that she first mentioned that they were mearried under
Muslim law.
The court cannot made to depen upon setup in the answer, in a motion to
dismiss, or in a motion for reconideration, but only upon the allegations of
the complaint. Jurisdiction of the subject matter of a case is determined
from the allegations of the complaint as it comprises a concise statement of
the ultimate facts constituing the plaintiff's cause of action.
The petition was denied and record of the case was remanded to the courtof origin
for further proceeedings.