Tamano v. Ortiz
REITERATIONFacts
The Antecedents: Senator Mamintal Abdul Jabar Tamano (Tamano) married private respondent Haja Putri Zorayda A. Tamano (Zorayda) in civil rites on 31 May 1958. Their marriage remained valid until Tamano's death on 18 May 1994. Prior to his death, on 2 June 1993, Tamano married petitioner Estrellita J. Tamano (Estrellita) in civil rites. Procedural History: On 23 November 1994, Zorayda and her son Adib A. Tamano filed a Complaint for Declaration of Nullity of Marriage against Tamano and Estrellita, alleging the marriage was bigamous. They contended that Tamano and Estrellita misrepresented themselves as divorced and single, respectively, making the marriage contract entries false and fraudulent. Private respondents alleged Tamano never divorced Zorayda and Estrellita was not single as her previous marriage annulment was not final. Estrellita filed a motion to dismiss, arguing the RTC of Quezon City lacked jurisdiction, asserting only a party to the marriage could file for annulment and that Shari'a courts had jurisdiction pursuant to Art. 155 of the Code of Muslim Personal Laws. The RTC denied the motion, ruling that the marriage was under the Civil Code, not exclusively under PD No. 1083. The motion for reconsideration was also denied. The case was referred to the Court of Appeals, which affirmed the RTC's denial of the motion to dismiss, holding that Shari'a courts have exclusive jurisdiction only in places where they exist, and in their absence, RTCs can take cognizance of such cases. The Petition: Petitioner Estrellita J. Tamano filed a Petition for Review on Certiorari with the Supreme Court, reiterating her argument that Shari'a courts, not the RTC, have jurisdiction.
Issue(s)
Whether the Regional Trial Court of Quezon City has jurisdiction over the subject and nature of the action for declaration of nullity of marriage. Whether the case falls under the exclusive jurisdiction of Shari'a courts.
Ruling
The petition is DENIED. The decision of the Court of Appeals affirming the orders of the Regional Trial Court denying the motion to dismiss and reconsideration thereof is AFFIRMED. The records of the case are remanded to the court of origin for further proceedings.
Ratio Decidendi
On the jurisdiction of the Regional Trial Court: The Supreme Court reiterated that under The Judiciary Reorganization Act of 1980 (BP 129), Regional Trial Courts have jurisdiction over all actions involving the contract of marriage and marital relations. Personal actions, such as a complaint for declaration of nullity of marriage, may be commenced and tried where the plaintiff resides. The Court emphasized that what determines the nature of an action and the court's jurisdiction is the allegations made by the plaintiff in the complaint. In this case, the complaint alleged that Estrellita and Tamano were married in accordance with the Civil Code, not Muslim laws. The Court further clarified that a court's jurisdiction cannot depend on defenses raised in a motion to dismiss or reconsideration, but solely on the allegations in the complaint. Therefore, the RTC of Quezon City properly exercised its jurisdiction. On the exclusive jurisdiction of Shari'a courts: The Court examined Article 13 of PD No. 1083 (Code of Muslim Personal Laws). It noted that Article 13(1) applies to marriages where both parties are Muslims or the male party is Muslim and the marriage is solemnized in accordance with Muslim law. Article 13(2) states that in cases of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law, the Civil Code applies. The complaint alleged the marriage was under the Civil Code. Even if the parties were also married under Muslim laws, the Court held that Shari'a courts do not have original and exclusive jurisdiction when marriages are celebrated under both civil and Muslim rites. Consequently, the Regional Trial Courts are not divested of their general original jurisdiction under Section 19(6) of BP 129, which covers cases not within the exclusive jurisdiction of any other court.
Main Doctrine
The jurisdiction of a court over the subject matter of a case is determined by the allegations made by the plaintiff in the complaint, not by defenses set up in a motion to dismiss or motion for reconsideration. Regional Trial Courts have general original jurisdiction over cases involving contracts of marriage and marital relations, including actions for declaration of nullity of marriage, even if the parties were allegedly married under Muslim rites, unless the case falls under the exclusive jurisdiction of Shari'a courts.