### Facts:
1. **Marriage and Residency:** Jocelyn Rulona-Al Awadhi, a Filipino nurse and Roman Catholic, married Nabil Al-Awadhi, a Kuwaiti student, in Kuwait on August 1, 1981. Jocelyn resides with their children in Sta. Cruz, Calape, Bohol, while Nabil resides in Tagbilaran City.
2. **Initial Legal Actions:** Jocelyn filed an action for support and guardianship of their three minor children in the Regional Trial Court (RTC), Branch 2, Tagbilaran City. The RTC appointed her guardian over the children on August 25, 1987.
3. **Response by Nabil:** Nabil filed a motion for joint parental authority over their children in the same RTC.
4. **Filing in Sharia Court:** Before the RTC could act on Nabil’s motion, he filed a petition for custody and guardianship of their children in the Fourth Sharia District Court, Marawi City, on November 4, 1987 (docketed as Special Proceeding No. 011-87).
5. **Motion to Dismiss:** Jocelyn was summoned by the Sharia Court and filed a motion to dismiss on three grounds: lack of jurisdiction, another action pending between the same parties, and improper venue.
6. **Denial of Motion:** The Sharia Court denied her motion based on Section 13 of the Special Rules of Procedure in the Sharia Courts which does not allow motions to dismiss, among others.
7. **Reconsideration and Appeal:** Jocelyn’s motion for reconsideration was denied on January 12, 1988, prompting her to file a petition for review on certiorari to the Supreme Court, questioning the Sharia Court’s jurisdiction.
### Issues:
1. **Whether the Fourth Sharia District Court has jurisdiction over the parties and the subject matter of the case considering that both the husband and wife are not Muslim, their marriage took place outside the Philippines, and they reside outside the Fourth Sharia Judicial District.**
### Court’s Decision:
1. **Jurisdiction Analysis:** The Supreme Court found that the Fourth Sharia District Court lacked jurisdiction over the case based on several critical points:
– **Nationality and Religion:** The petitioner (wife) is a Filipino Roman Catholic, and the private respondent (husband) is a Kuwaiti, not a Philippine Muslim.
– **Marriage Location:** Their marriage was solemnized in Kuwait, not in any part of the Philippines.
– **Residency:** The parties reside in Bohol, outside the territorial jurisdiction of the Sharia courts which serve specific provinces and cities in Mindanao.
2. **Precedent and Bearing:** The Code of Muslim Personal Laws of the Philippines (PD 1083) Article 13(2) applies the Civil Code in cases where marriages are not solemnized according to Muslim law in the Philippines, and Article 3 clearly states the Code should not prejudice a non-Muslim.
3. **Invalid Proceedings:** The Sharia Court should have recognized its lack of jurisdiction and dismissed the action as its proceedings were rendered invalid without jurisdiction.
### Doctrine:
– **Jurisdiction Supremacy:** Once a court assumes jurisdiction over a case, it retains it until resolution, and it cannot be ousted by another co-equal court.
– **Jurisdictional Challenges:** The lack of jurisdiction can be raised at any point in the case and should result in dismissal.
– **Protected Non-Prejudice:** The Muslim Code should not operate to the prejudice of a non-Muslim party.
### Class Notes:
– **Jurisdiction Requirements:** Essential requisites of jurisdiction including valid residency within territorial bounds and applicability of the specific legal code to the parties involved.
– **Muslim Code Applicability:** Only applies to parties where both are Muslims, or the marriage is solemnized in accordance with Muslim law within the Philippines. Non-prejudice to non-Muslim parties is pivotal.
– **Procedural Dismissals:** Courts can dismiss cases on jurisdictional grounds despite procedural restrictions against motions to dismiss, ensuring fundamental legal doctrines overrule technicalities.
### Historical Background:
The case reflects the complexities and potential conflicts between procedural rules in specialized courts (like the Sharia Courts) and overarching fundamental principles of civil law. It also illustrates the efforts of integrating Muslim personal laws within the broader Philippine legal system while safeguarding the rights and protections of non-Muslim parties involved in intercultural marriages.
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