Philippines free of enemy occupation and control," Act No. 2710 was deemed revived [Baptista v. Castañeda, 76 Phil.
461 (1946)]. Act No. 2710 was finally repealed by the New Civil Code, which only allowed annulment and legal
separation. Before the effectivity of the New Civil Code, however, the legislature passed Republic Act No. 394, which
recognized divorce according to Muslim practices for a period of 20 years, or from 1949 to 1969. Muslim divorce was
again allowed following the promulgation of Presidential Decree No. 1083, the Code of Muslim Personal Laws, in
1977. The Family Code of the Philippines, which took effect in 1988, retained the policy of the New Civil Code that
allows only annulment and legal separation.
[16]
Presidential Decree No. 1083, Art. 45.
[17]
Presidential Decree No. 1083, Art. 56.
[18]
Presidential Decree No. 1083, Art. 57(l)(b).
[19]
Presidential Decree No. 1083, Arts. 54 & 55.
[20]
Presidential Decree No. 1083, Art. 155.
[21]
Presidential Decree No. 1083, Art. 144(l).
[22]
Ijra-At Al Mahakim Al Shari'a.
[23]
Special Rules of Procedure in Shari'a Courts, Sec. 9.
[24]
Special Rules of Procedure in Shari'a Courts, Sec. 8(2).
[25]
Presidential Decree No. 1083, Art. 145.
[26]
Special Rules of Procedure in Shari'a Courts, Sec. 17.
[27]
Coy Quing Reyes v. Republic, 104 Phil. 889 (1958); See also Romualdez-Licaros v. Licaros, G.R. No. 150656,
April 29, 2003, 401 SCRA 762, where we authorized the service of summons applicable to proceedings in
rem or quasi in rem to an action for declaration of nullity of his marriage under the Family Code.
[28]
Risos-Vidal v. Commission on Elections, G.R. No. 206666, January 21, 2015, 747 SCRA 210, 356 (Concurring
Opinion of J. Brion).
[29]
Zafra de Alviar and Ahiar v. Ct. of 1st Inst. of La Union, 64 Phil. 301, 310 (1937).
[30]
Go v. Echavez, G.R. No. 174542, August 3, 2015, 764 SCRA 505, 518.
[31]
Co v. Court of Appeals, G.R. No. 93687, May 6, 1991, 196 SCRA 705, 711.
[32]
Herrera v. Barretto and Joaquin, 25 Phil. 245, 256 (1913).
[33]
Ching v. San Pedro College of Business Administration, G.R. No. 213197, October 21, 2015, 773 SCRA 570, 589.
[34]
Rollo, p. 343.
[35]
Id. at 342.
[36]
Chereau v. Fuentabella, 43 Phil. 216, 220 (1922).
[37]
Imperial v. Muñoz, G.R. No. L-30787, August 29, 1974, 58 SCRA 678, 683-684.
[38]
Geronimo v. Santos, G.R. No. 197099, September 28, 2015, 771 SCRA 508; Reyes v. Mauricio, G.R. No. 175080,
November 24, 2010, 636 SCRA 79; Sayson v. Court of Appeals, G.R. Nos. 89224-25, January 23, 1992, 205 SCRA
321.