Western Mindanao State University College of Law

Sample Complaint and Answer

[Islamic Jurisprudence V]

SUBMITTED TO: Prof. Ujaima A. Ahmad

SUBMITTED BY: Romel G Torres II-B

1|Page

May 31, 2013

Republic of the Philippines SECOND SHARI'A CIRCUIT COURT Third Shari'a Judicial District Zamboanga City

SARAH ABDUHAKIM, Plaintiff -- versus ABU K SADOH, Defendant. x- - - - - - - - - - - - - - -x

Civil Case No. 1234 For: SUPPORT

COMPLAINT
COMES NOW the plaintiff, by counsel, and unto this Honorable Court, most respectfully alleges: 1. That plaintiff is of legal age and a resident of Suterville, Zamboanga City, while defendant is also of age and a resident of Baliwasan Chico, Zamboanga City;

2. That plaintiff is the lawfully wedded wife of the defendant, their marriage having been solemnized and consummated in accordance with Muslim law on February 14, 2008 by and before Imam Johasan Waldemar at Astoria Regency Hotel, Pasonanca, Zamboanga City. A photocopy of the marriage contract between them is hereto attached as Annex "A" and made as an integral part of this complaint;

3. That plaintiff and defendant, during the existence of their marriage, begot on December 25, 2008 a child, Sittie Fatimah Sadoh;

4. That on March 27, 2010, defendant abandoned plaintiff and her minor

child for another woman with whom he presently cohabits, without however divorcing plaintiff;

5. That since said date, defendant failed and refused and still fails and refuses to provide plaintiff and her child maintenance and support;

6. That defendant is presently a member of Philippine National Police presently assigned at Zamboanga City Police Office, Zamboanga City with a monthly net salary of Eighteet thousand five hundred fifty pesos (P18,550.00) while plaintiff is without any means of livelihood and depends on charity of close relatives for the support of herself and her minor child;

7. That for the proper maintenance and support of plaintiff and her child, plaintiff needs a monthly allowance of Nine thousand pesos (P9,000.00) or half of his salary which is amount is well within the financial resources of the defendant to provide.

WHEREFORE, it is most respectfully prayed of this Honorable Court that, after notice and hearing, judgment be rendered ordering defendant: (1) to give plaintiff a monthly allowance of P9,000.00 payable in advance on or before the tenth day of the month; (2) to give plaintiff, by way of support pendente lite, a monthly allowance of P9,000.00, the first of which to start retroactively to the first day of this month, and the subsequent ones payable in advance on or before the tenth day of the succeeding month. (3) to pay the costs of this suit.

Plaintiff further prays for such other reliefs deemed just and equitable under the premises. 31 May 2013, Zamboanga City, Philippines. MOHD. ROMEL G TORRES Counsel for the Plaintiff 3rd Flr, Torres Tower, Veterans Aven., Zamboanga City IBP O.R. 01234567 3/20/14 PTR NO. 123456 10/29/14

Copy furnished: ABDULWAHID KHALIL Counsel for the Defendant Room 123, RGT Bldg., Zamboanga City IBP O.R. 987654 3/20/14 PTR NO. 54321 10/29/14

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines) C i t y o f Zamboanga) S.S.

I, SARAH ABDUHAKIM, after having been sworn deposes and says: That she is the plaintiff in the above-entitled case; That she caused the preparation of the foregoing complaint; That she has read and understood its contents; That to her own knowledge the allegations thereof are true and correct; That she hereby certifies that she has not heretofore commenced any other action or proceeding involving the same issues before the Supreme Court, the Court of Appeals, or any other tribunal or agency, and to her own knowledge no such action or proceeding is pending before said courts; That should she learn hereafter that a similar action or proceeding has been filed or pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, she undertakes to report the same to this Honorable Court within five (5) days therefrom. HEREUNTO set her hand this 31st day of May 2013, at Zamboanga City, Philippines. SARAH ABDUHAKIM Affiant SUBSCRIBED and sworn to before me this 31st day of May 2013 at Zamboanga City, Philippines.

Republic of the Philippines SECOND SHARI'A CIRCUIT COURT Third Shari'a Judicial District Zamboanga City

SARAH ABDUHAKIM, Plaintiff -- versus ABU K SADOH, Defendant. x- - - - - - - - - - - - - - -x

Civil Case No. 1234 For: SUPPORT

ANSWER (with Affirmative and Negative Defense)

COMES NOW the defendant, by counsel, and unto this Honorable Court, most respectfully alleges: 1. That defendant admits the allegations of paragraphs 1, 2, 3

and 6 of the complaint; 2. That defendant specifically denies the allegations of

paragraphs 4 and 5 of the complaint, the truth being that the defendant did not abandon his wife and his daughter nor cohabits to other woman as accused by the plaintiff in her complaint in fact the defendants ATM (Automated Teller Machine) Card is in the possession of the plaintiff and therefore the allegation in the complaint is without merit; 3. That defendant denies the allegation that the plaintiff has no

means of support because the truth of the matter the plaintiff if public elementary school teacher at Baliwasan central Elementary School. WHEREFORE, it is respectfully prayed of this Honorable Court that the complaint be DISMISSED for lack of MERIT.

Other reliefs deemed just and equitable under the premises are also prayed for.

Done this June 10, 2013, Zamboanga City, Philippines.

ABDULWAHID KHALIL Counsel for the Defendant Room 123, RGT Bldg., Zamboanga City IBP O.R. 987654 3/20/14 PTR NO. 54321 10/29/14

Copy furnished:

MOHD. ROMEL G TORRES Counsel for the Plaintiff 10th Flr, Torres Tower II, La Purisima St., Zamboanga City IBP O.R. 01234567 3/20/14 PTR NO. 123456 10/29/14