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    MAGTIRA, Mamiscal v. Abdullah

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    Kel Magtira
    The Supreme Court does not have jurisdiction to impose sanctions on a Clerk of Court of the Shari'a District Court who is administratively charged in relation to their function as a Circuit Registrar. Under the Muslim Code, Local Government Code, and Administrative Code, Clerks of Court of Shari'a Courts also act as Circuit Registrars and are subject to administrative supervision of city mayors and the disciplinary authority of the Civil Service Commission over civil registrars. While Clerks of Court perform judicial functions for the Shari'a Courts, they are being charged here in relation to their executive function as a Circuit Registrar, so the complaint should be referred to the appropriate local authorities rather than the Supreme Court.

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    MAGTIRA, Mamiscal v. Abdullah

    Uploaded by

    Kel Magtira
    24 views2 pages
    The Supreme Court does not have jurisdiction to impose sanctions on a Clerk of Court of the Shari'a District Court who is administratively charged in relation to their function as a Circuit Registrar. Under the Muslim Code, Local Government Code, and Administrative Code, Clerks of Court of Shari'a Courts also act as Circuit Registrars and are subject to administrative supervision of city mayors and the disciplinary authority of the Civil Service Commission over civil registrars. While Clerks of Court perform judicial functions for the Shari'a Courts, they are being charged here in relation to their executive function as a Circuit Registrar, so the complaint should be referred to the appropriate local authorities rather than the Supreme Court.

    Original Description:

    Mamiscal v. Abdullah

    Original Title

    19. MAGTIRA, Mamiscal v. Abdullah

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    The Supreme Court does not have jurisdiction to impose sanctions on a Clerk of Court of the Shari'a District Court who is administratively charged in relation to their function as a Circuit Registrar. Under the Muslim Code, Local Government Code, and Administrative Code, Clerks of Court of Shari'a Courts also act as Circuit Registrars and are subject to administrative supervision of city mayors and the disciplinary authority of the Civil Service Commission over civil registrars. While Clerks of Court perform judicial functions for the Shari'a Courts, they are being charged here in relation to their executive function as a Circuit Registrar, so the complaint should be referred to the appropriate local authorities rather than the Supreme Court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    MAGTIRA, Mamiscal v. Abdullah

    Uploaded by

    Kel Magtira
    The Supreme Court does not have jurisdiction to impose sanctions on a Clerk of Court of the Shari'a District Court who is administratively charged in relation to their function as a Circuit Registrar. Under the Muslim Code, Local Government Code, and Administrative Code, Clerks of Court of Shari'a Courts also act as Circuit Registrars and are subject to administrative supervision of city mayors and the disciplinary authority of the Civil Service Commission over civil registrars. While Clerks of Court perform judicial functions for the Shari'a Courts, they are being charged here in relation to their executive function as a Circuit Registrar, so the complaint should be referred to the appropriate local authorities rather than the Supreme Court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MAGTIRA, John Michael B.

    MAMISCAL v. ABDULLAH
    A.M. No. SCC-13-18-J, July 1, 2015

    If administratively charged not in his capacity as an officer performing judicial


    functions but as an officer performing executive functions, a Clerk of Court of the
    Shari’a Circuit Court, in accordance with the principle of separation of powers, the
    task of disciplining does him does not fall upon the Supreme Court (SC) but on the
    Office of the Mayor and then the Civil Service Commission (CSC).

    FACTS:

    Respondent Adullah is a Clerk of Court of a Shari’a Circuit Court in Marawi


    City. On March 24, 2011, Abdullah issued a Certificate of Divorce and,
    subsequently, a Certificate of Registration of Divorce (CRD) finalizing the divorce
    between Petitioner Mamiscal and Adelaidah under pertinent Muslim Laws.
    Mamiscal contended that the issuance of the CRD was tainted with irregularity,
    charging Abdullah with administrative charges before the Supreme Court.

    ISSUE:

    WON the Supreme Court has jurisdiction to impose sanctions on an erring


    Clerk of Court of the Shari’a District Court.

    HELD:

    NO, it does not have such jurisdiction because said Clerk of Court is being
    charged administratively in relation to his function as a Circuit (or Civil) Registrar.

    Under Article 81 of the Muslim Code, the Clerk of Court of the Shari’a
    District Court shall also act as District (or Civil) Registrar of Muslim Marriages,
    Divorces, Revocations of Divorces, and Conversions within the territorial
    jurisdiction of said court. Thus, it becomes apparent that the Clerk of Court of the
    Shari’a Circuit Court enjoys the privilege of wearing two hats: first, as Clerk of
    Court of the Shari’a Circuit Court, and second, as Circuit Registrar within his
    territorial jurisdiction.

    Also, under the Local Government Code and the Administrative Code of
    1987, the municipal and city mayors of the respective local government units, in
    addition to their power to appoint city or municipal civil registrars are also given
    ample authority to exercise administrative supervision over civil registrars.
    Likewise, under the Revised Uniform Rules on Administrative Cases in the
    Civil Service the Civil Service Commission (CSC), as the central personnel agency of
    the government, has the power to appoint and discipline its officials and employees,
    among these the civil registrar and to hear and decide administrative cases
    instituted by or brought before it directly or on appeal. It exercises concurrent or
    appellate jurisdiction over such cases.

    Thus, since the complaint seeks to hold Abdullah liable pursuant to his
    duties as Circuit Registrar of Muslim divorces, it should be referred to the Office of
    the Mayor, Marawi City and to the CSC.

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