G.R. No. 201614. January 12, 2016.* 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.
SHERYL M. MENDEZ, petitioner, vs. Shari’a District Court, 5th
Before Mendez could file her answer, Maliga filed his urgent
Shari’a District, Cotabato City, Rasad G. Balindong (Acting
motion5 reiterating his plea to be awarded temporary custody of
Presiding Judge); 1st Shari’a Circuit Court, 5th Shari’a District,
Princess Fatima.
Cotabato City, Montano K. Kalimpo (Presiding Judge); and DR.
JOHN O. MALIGA, respondents. Mendez vs. Shari'a District Court, On November 12, 2010, the ShCC issued the order6 granting
5th Shari'a District, Cotabato City, 780 SCRA 53, G.R. No. 201614 Maliga's urgent motion.
January 12, 2016
The ShCC deemed it proper for Princess Fatima to stay with her
Mendoza, J. father because of his social, financial and religious standing, and
considering that she was then under his custody; that he raised her as
Facts: a good Muslim daughter as evidenced by her appearance; and that
From the records, it appears that on April 9, 2008, Mendez and her parents were married under Islamic rites.
Maliga were married under Muslim rites. Prior to their marriage, the
On November 18, 2010, Mendez filed her Answer.7 She alleged that
couple was already blessed with a daughter, Princess Fatima M.
she followed the religion of her Muslim grandfather, and denied
Maliga (Princess Fatima). Their marriage, however, soured shortly
Maliga's allegations that she was not sincere in her practice of Islam.
after their wedding.
She opposed his prayer for custody, arguing that she had been raising
On November 2, 2010, Maliga filed with the ShCC a petition4 for Princess Fatima since she was born; that Maliga had several wives
the judicial confirmation of talaq from Mendez, with a prayer for the and three other children and was very busy with his profession as a
grant of probational custody of their minor child pending the physician; and that the custody of children below seven years old
resolution of the case. According to Maliga, Mendez was a Roman should belong to the mother.
Catholic and she only embraced the Islamic faith on the date of their
On November 22, 2010, Mendez filed her opposition9 to Maliga's
marriage. Shortly after being married, he claimed that he started to
urgent motion for issuance of temporary custody.
doubt the sincerity of his wife's submission to Islam, having noticed
no changes in her moral attitude and social lifestyle despite his ShCC: In its Order,10 dated December 3, 2010, the ShCC partially
guidance. Maliga added that despite his pleas for her to remain reconsidered its initial order awarding temporary custody to Maliga
faithful to the ways of Islam, she remained defiant. He alleged that by granting the right of visitation to Mendez
sometime in December 2008, Mendez reverted to Christianity.
Mendez filed a motion for reconsideration of the December 3, 2010
Maliga went on to add that she went to Manila a few days after their
order, arguing that the question of custody was within the exclusive
wedding and brought Princess Fatima with her without his
original jurisdiction of the ShDC, and not the ShCC, and praying that
knowledge and consent. In Manila, she taught their daughter how to
the said order be declared null and void.
In its ruling, the ShCC noted that Mendez never questioned the Held:
validity of the talaq and found that it was caused by the
Remedial Law; Civil Procedure; Courts; Shari’a Appellate Court;
irreconcilable religious differences between the spouses as to the
Pending the organization of the Shari’a Appellate Court, appeals or
upbringing of their daughter. For said reason, it ruled that, in the best
petitions from final orders or decisions of the Shari’a District Court
interest of the child in all aspects of life - economic, social and
(ShDC) shall be filed with the Court of Appeals (CA) and referred to
religious, the care and custody of Princess Fatima should remain
a Special Division to be organized in any of the CA stations
with Maliga.
preferably to be composed of Muslim CA Justices.—It has been
Mendez appealed the ShCC order to the ShDC only with respect to recognized that decades after the 1989 enactment of the law creating
the ruling on custody. the Shari’a Appellate Court and after the Court authorized its
creation in 1999, it has yet to be organized. Pending the organization
ShDC: The ShDC issued the assailed decision,20affirming the
of the Shari’a Appellate Court, appeals or petitions from final orders
August 19, 2011 Order of the ShCC. Giving credence to Maliga's
or decisions of the ShDC shall be filed with the Court of Appeals
allegation that Mendez had reverted to Christianity, the ShDC ruled
(CA) and referred to a Special Division to be organized in any of the
that in Shari'a Law, a mother might be legally disentitled to the
CA stations preferably to be composed of Muslim CA Justices. For
custody of her child if she turned apostate, and disqualified until she
cases where only errors or questions of law are raised or involved,
returned to the Islamic faith; and that the father, as a Muslim, was in
the appeal shall be to this Court via a petition for review on certiorari
a better position to take care of the child's well-being and raise her as
under Rule 45 of the Rules of Court pursuant to Article VIII, Section
a Muslim. Affirming the ShCC ruling, the ShDC found that Princess
5 of the Constitution and Section 2 of Rule 41 of the Rules. As the
Fatima should remain with her father for her best interest in all
present petition involves only questions of law, it has been properly
aspects of life, economically, socially and religiously.
filed before this Court.
Hence, this petition
Mendez goes on to contend that the ShCC had no jurisdiction to
Same; Same; Same; Jurisdiction; Words and Phrases; Jurisdiction is
hear, try and decide the issue of Princess Fatima's custody,
the power and authority of a court to hear, try and decide a case.—
considering that under Article 143(1)(a) of Presidential Decree
Jurisdiction is the power and authority of a court to hear, try and
(P.D.) No. 1083,23 it is the ShDC which has the exclusive original
decide a case. In order for the court to have authority to dispose of a
jurisdiction over all cases involving custody. She argues the rule that
case on the merits, it must acquire jurisdiction over the subject
any decision rendered without jurisdiction is a total nullity and may
matter and the parties. The Congress has the power to define,
be struck down at any time, even on appeal.
prescribe and apportion the jurisdiction of various courts, and courts
Issue: Whether or not the ShCC and ShDC had jurisdiction to rule are without authority to act where jurisdiction has not been conferred
on the issue of custody. by law. Jurisdiction is conferred only by the Constitution or the law.
It cannot be acquired through a waiver or enlarged by the omission
of the parties or conferred by the acquiescence of the court, and may
be raised at any stage of the proceedings, even for the first time on
appeal. Mendez vs. Shari'a District Court, 5th Shari'a District,
Cotabato City, 780 SCRA 53, G.R. No. 201614 January 12, 2016
It is clear that the ShCC has exclusive original jurisdiction over civil
actions between parties who have been married in accordance with
the Muslim law, involving disputes relating to divorce under P.D.
No. 1083. There is, therefore, no doubt that the ShCC had
jurisdiction to confirm the talaq between Mendez and Maliga.

Jurisdiction in Custody Case

Article 143 above, however, clearly provides that the ShDC has
exclusive original jurisdiction over all cases involving custody under
P.D. No. 1083. Exclusive jurisdiction is the power of the court to
take cognizance of and decide certain cases to the exclusion of any
other courts.45 Original jurisdiction is the power of the court to take
judicial cognizance of a case instituted for judicial action for the first
time under conditions provided by law.
Further, the provision of Article 155 of PD 1083 clothes the ShCC
with power to hear and decide civil actions relating to a talaq or
divorce. It cannot be denied that the issue of custody is a necessary
consequence of a divorce proceeding.