003 MENDEZ v.

SHARIA DISTRICT COURT

Article 78 of Presidential Decree (PD) No. 1083 states that the care and custody of children below seven (7) whose
parents are divorced shall belong to the mother, and the minor above 7 but below the age of puberty may choose the
parent with whom he/she wants to stay.

FACTS

In 2008, petitioner Sheryl Mendez and respondent 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 (Princess Fatima). Their
marriage, however, soured shortly after their wedding.
On November 2, 2010, Maliga filed with the 1st Shari'a Circuit Court, Cotabato City (ShCC) a petition for the
judicial confirmation of talaq (divorce) from Mendez, with a prayer for the grant of probational custody of their
minor child pending the resolution of the case. 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.
Before Mendez could file her answer, Maliga filed his urgent motion reiterating his plea to be awarded temporary
custody of Princess Fatima. He claimed that considering such factors as moral values, social upliftment, behavioral
growth, and religious consideration, he should have custody of their child.
The ShCC issued the order granting Maliga's urgent motion. The ShCC deemed it proper for Princess Fatima to stay
with her father because of his social, financial and religious standing, and considering that she was then under his
custody; that he raised her as a good Muslim daughter as evidenced by her appearance; and that her parents were
married under Islamic rites.
In her answer, Mendez alleged that she followed the religion of her Muslim grandfather, and denied Maliga's
allegations that she was not sincere in her practice of Islam. She averred that she became pregnant before she
married Maliga and had been raising their daughter on her own since her birth and that he had been totally remiss in
his material and moral obligations to support her and their child. She opposed his prayer for custody, arguing that
she had been raising Princess Fatima since she was born; that Maliga had several wives and three other children and
was very busy with his profession as a physician; and that the custody of children below seven years old should
belong to the mother.
Mendez added that on October 21, 2010, she left their daughter in Maliga' s custody for a visit, with the
understanding that he would bring her back the following day. On October 22, 2010, she went with her cousin to
fetch her daughter but Maliga threatened to kill them and displayed his bodyguards clad in police uniforms and
firearms. This prompted her to file a complaint-affidavit for kidnapping and failure to return a minor with the
National Bureau of Investigation.
The ShCC partially reconsidered its initial order awarding temporary custody to Maliga by granting the right of
visitation to Mendez.
Mendez filed a motion for reconsideration, arguing that the question of custody was within the exclusive original
jurisdiction of the Shari'a District Court (ShDC), and not the Sh CC, and praying that the said order be declared null
and void. The ShCC constituted an Agama Arbitration Council which, after its own hearing and meeting, submitted
the case for hearing on the merits because the parties failed to arrive at an amicable settlement and because "the
[d]ivorce was moot and academic."
The Ruling of the Shari 'a Circuit Court
The Sh CC issued the order confirming the talaq pronounced by Maliga against Mendez and awarded to him the care
and custody of Princess Fatima. In the same order, the ShCC granted visitation rights to Mendez and ordered Maliga
to give her a mut'a (consolatory gift) in the amount of P24,000.00. In its ruling, the ShCC noted that Mendez never
questioned the validity of the talaq and found that it was caused by the irreconcilable religious differences between
the spouses as to the upbringing of their daughter. For said reason, it ruled that, in the best interest of the child in all
aspects of life - economic, social and religious, the care and custody of Princess Fatima should remain with Maliga.
The Ruling of the Shari 'a District Court
Mendez appealed the ShCC order to the ShDC only with respect to the ruling on custody. In her memorandum
before the ShDC, Mendez argued that the order of the ShCC was null and void for its failure to state the facts and
law on which its findings were based in accordance with Section 1, Rule 36 of the Rules of Court. She reiterated that
the urgent motion filed by Maliga did not contain the requisite notice of hearing, and that the mother had the right of
custody if the child was under seven years of age. She asserted that the question of custody was within the exclusive
original jurisdiction of the ShDC only, and that an order of a court not vested with jurisdiction was null and void.
The ShDC affirmed the Order of the Sh CC. Giving credence to Maliga's allegation that Mendez had reverted to
Christianity, the ShDC ruled that in Shari'a Law, a mother might be legally disentitled to the custody of her child if
she turned apostate, and disqualified until she returned to the Islamic faith; and that the father, as a Muslim, was in a
better position to take care of the child's well-being and raise her as a Muslim. Affirming the ShCC ruling, the ShDC
found that Princess Fatima should remain with her father for her best interest in all aspects of life, economically,
socially and religiously.

ISSUE

Whether or not custody was properly granted to Maliga.

RULING

NO.
Though Article 54 does not directly confer jurisdiction to the ShCC to rule on the issue of custody, the Court,
nevertheless grants the ShCC ancillary jurisdiction to resolve issues related to divorce. The above-quoted
provision states categorically that as a consequent effect of divorce, the custody of children shall be
determined in accordance with Article 78 of the Code. In tum, Article 78 states that the care and custody of
children below seven whose parents are divorced shall belong to the mother, and the minor above seven but
below the age of puberty may choose the parent with whom he/she wants to stay.
Not only was the award of custody violative of the constitutional right of Mendez to due process, but also both the
orders of the ShCC and the ShDC 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.
In awarding custody to Maliga, the ShCC merely wrote:
On the issue of CARE AND CUSTODY of the PARTIES' minor daughter PRINCESS FATIMA, this
Court after closely scrutinizing the evidence on hand, deemed it just and proper and/ or is convinced that it
should be under status quo, remains (sic) with Petitioner DR. JOHN 0. MALIGA, for her (PRINCESS
FATIMA) best interest in all aspects of life, economically, socially and religiously etc WITHOUT
prejudice of the rights of visitation of respondent SHERYL M. MENDEZ any reasonable time of the day
 and right (sic), and borrow her (PRINCESS FATIMA) provided that it is only within the vicinity of
Cotabato City and thereafter, return her, with proper coordination with Petitioner DR. JOHN O. MALIGA,
and the latter (DR. JOHN O. MALIGA) is hereby ordered to observe such rights afforded to respondent
SHERYL M. MENDEZ.54
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.55 It is evident that
the ShCC failed to comply with these requirements. It merely stated that it was in Princess Fatima's "best interest in
all aspects of life, economically, socially and religiously" that custody be awarded to her father. There was no
express finding that Mendez was unfit in any way, or a hint of an explanation as to why Maliga was in a better
position to take custody of Princess Fatima.
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,56 and not to the custody of children.