Zamoranos vs. People, G.R. No. 193902, June 1, 2011 1.

The SC held that Branch 6 of Iligan City should have taken cognizance of the categorical declaration of the RTC, Branch 2, that Zamoranos is a Muslim, whose first marriage to another Muslim, De Guzman, was valid and recognized under the Islamic law. In fact, the same court further declared that Zamoranos divorce from De Guzman validly severed their marriage ties. Also, all three persons in authority, two of whom are officers of the court provides evidence that Zamoranos is indeed a Muslim who married another Muslim and is therefore governed by PD 1083. Although the Sharia court is not vested with jurisdiction over offenses penalized under the RPC but the RTC, the criminal cases hinges on Pacasums claim that Zamoranos is not a Muslim and her marriage to De Guzman was governed by the Civil Law. At the very list, RTC Branch 6 should have suspended the proceedings until Pacasum had litigated the validity the first marriage before the Sharia Circuit Corut. Finally, the court citing Justice Rasul and Dr. Ghazalis Commentaries and Jurisprudence, held that the Article 3, Title II, Book 1 of PD 1083 is clear. In case of confict between any provision of this Code and laws of general application, the former shall prevail. IN case of conflict between any provision of this code and special laws or laws of local application, the latter shall be liberally construed in order to carry out the former. And that the provision of this Code shall be applicable only to Muslim and nothing herein shall be construed to operate to the prejudice of a non-Muslim. Applying these principles, since there is a conflict between the provision on bigamy under the RPC and the Muslim Code which is a special law, the latter shall prevail. If both parties are Muslim, there is a presumption that the Muslim Code is complied with. IN case of combined Muslim-Civil marriage rites, whichever comes first is the validating rite and the second rite is merely ceremonial. A third situation is when the male party is a Muslim, and the marriage is solemnize under the Civil Code, the Civil Code shall govern.