Вы находитесь на странице: 1из 1

Baguan M. Mamiscal, complainant vs. Clerk of Court Macalinog S.

Abdullah, Shari’a Circuit


Court, Marawi City. AM No. SCC-13-18-J July 1, 2015

Facts:
Petitioner Mamiscal is challenging and questioning the validity of the Certificate of Divorce (COD) as
well as the agreement (kapasadan) duly signed by the petitioner and his wife Adelaidah in which the
declaration of divorce was based. Mamiscal contended that the “kapasadan” was invalid since it was not
him who prepare the same and there was no witness to its execution. He also denied he issued a
Certificate of Divorce, and instead on December 13, 2010 before the expiration of the “iddah” or the
obligatory period of waiting, he wrote his wife to inform her that he was revoking the repudiation he
made on September 26, 2010 and the “kapasadan” they entered into the same day because he did it on the
“spur of the moment.”
Mamiscal also pointed out that Abdullah in his capacity as clerk of court of the Shari’a Circuit Court
(SCC) should not have entertained or acted upon the COD and the kapasadan filed by Adelaidah. Under
the Muslim Code or PD 1083, a divorce under “talaq”(repudiation of marriage) could only be filed and
registered by mail spouse, and that female spouse could only exercise it though “tafwid” (delegated right
to repudiate). Mamiscal also alleged that Abdullah fabricated and twisted facts in declaring that only
Mamiscal and his representatives appeared when the Agama Arbitration Council (ACC) was convened.
And while the mediation proceeding is ongoing, Abdullah proceeded to act on the COD and finalized the
divorce by issuing the Certificate of Registration of Divorce (CRD).
On his defense, Abdullah said that he could not be held responsible for the content of the COD since his
functions as clerk of court were merely ministerial. He also asserted that the divorce had already attained
finality because of the “iddad” (lapse due to period of waiting), the kapasadan (agreement) and
Adelaidah’s opposition for reconciliation. Abdullah also explained that he did not convene the ACC
anymore because of the non-attendance of Adelaidah and the couple’s children wrote to him opposing the
convening of the council.
The Office of Court Administrator found Abdullah guilty of gross ignorance of law and order to pay an
amount of P10,000 accompanied by stern warning not to repeat the same mistakes.

Issue: Whether or not Abdullah should be held administratively liable for his actions in connection with
the registration of the divorce between Mamiscal and Adelaidah.

Ruling: The Court rules in the negative. The Clerk of Court of the Shari’a Circuit Court enjoys the
privilege of wearing two hats: as Clerk of Court of the Shari’a Circuit Court, and second as Circuit
Registrar within his territorial jurisdiction. Although the Constitution vests the Court with the power of
administrative supervision over all courts and its personnel, this power must be taken with due regard to
other prevailing laws.
In this case, it is governed by Article 185 of PD 1083 which provides: Article 185. Neglect of duty by
registrars. Any district registrar or circuit registrar who fails to perform properly his duties in accordance
with this Code shall be penalized in accordance with Section 18 of CA 3753.
It becomes apparent then that this Court does not have jurisdiction to impose the proper
disciplinary action against civil registrar. The complaint of Mamiscal seeks to hold Abdullah liable
for registering the divorce and issuing the CRD pursuant to his duties as Circuit Registrar of
Muslim divorces.
The administrative matter against Abdullah for partiality, violation of due process, dishonesty and
conduct unbecoming a court employee were dismissed. The complaint was referred to the Office of the
Mayor of Marawi City and to the Civil Service Commission for appropriate action.

Вам также может понравиться