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[39] Reyes v. Sotero, G.R. No. 167405, February 16, 2006, 482 SCRA 520; Austria v. Reyes, G.R. No. L-23079, February 27, 1970, 31 SCRA 754. [40] Draza v. The City Civil Registrar of Himamaylan City, Negros Occidental, G.R. No. 181174, December 4, 2009, 607 SCRA 638; De Castro v. Assidao-De Castro, G.R. No. 160172, February 13, 2008, 545 SCRA 162. [41] G.R. Nos. 193902, 193908 and 194075, June 1, 2011, 650 SCRA 304. [42] Id. at 325. [43] G.R. No. 181369, June 22, 2016. [44] Id.

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Samson R. Pacasum, Sr. v. Atty. Marietta D. Zamoranos

Jurisprudence

Case number: G.R. 193719

Division: PH Supreme Court Third Division

Date of decision: Mar 21, 2017

Year of decision: 2017

GBV Case Type

Administrative Complaint
Disbarment
Muslim Marriage

Nature of the case: An administrative complaint for disgraceful and immoral conduct was filed against Zamoranos on the ground that she had contracted a bigamous marriage. She raised as a defense the dissolution of her previous marriage under the Code of Muslim Personal Laws of the Philippines (the Muslim Code). Prior to her marriage with De Guzman, she had converted to Islam. In 1983, however, she and De Guzman divorced, as evidenced by the Decree of Divorce issued by Presiding Judge Kaudri L. Jainul of the Shari'a Circuit Court of Isabela, Basilan in Case No. 407-92. The Court ruled that Pacasum's administrative complaint is wholly dependent on the continuing validity of the marriage between Zamoranos and De Guzman. However, the Court already recognized that this marriage was dissolved in accordance with the Muslim Code in the case of Zamoranos v. People, which also involved the herein parties. Following the doctrine of conclusiveness of judgment, the parties are already bound by the Court’s previous ruling on that specific issue, that is, Zamoranos' divorce from De Guzman was valid which enabled her to contract the subsequent marriage with Pacasum. As a result, Pacasum's complaint for immorality based on Zamoranos' alleged bigamy has no leg to stand on. Hence, petition is denied for lack of merit.

Summary of outcome: The Court dismissed the case on the ground that the previous marriage of the muslim woman-respondent was validly dissolved in accordance with the Muslim Code in the case of Zamoranos v. People. Moreover, in accordance with the doctrine of conclusiveness of judgment the parties are already bound by the Court's previous ruling on that specific issue, that is, Zamoranos' divorce from De Guzman was valid which enabled her to contract the subsequent marriage with Pacasum. As a result, Pacasum's complaint for immorality based on Zamoranos' alleged bigamy has no leg to stand on.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: JARDELEZA, J.:

Long title: SAMSON R. PACASUM, SR., PETITIONER, VS. ATTY. MARIETTA D. ZAMORANOS, RESPONDENT.

Geolocation 1

Latitude: 14.64622

Longitude: 121.050159

: Geolocation 1

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Samson R. Pacasum, Sr. v. Atty. Marietta D. Zamoranos

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