G.R. No. 193340 - Municipality of Tangkal, Lanao del Norte vs. Balindong

Private respondents, heirs of the late Macalabo Alompo, filed a complaint in the Shari’a District Court of Marawi City against the Municipality of Tangkal for recovery of possession and ownership of a 25-hectare parcel in Barangay Banisilon, Tangkal, Lanao del Norte.
They alleged an agreement in 1962 allowing the Municipality to “borrow” the land for municipal buildings, with payment due within 35 years (by 1997), failing which ownership would revert to Macalabo, and claimed nonpayment or return of the land.

The Municipality moved to dismiss for improper venue and lack of subject-matter jurisdiction, arguing it, as a municipal corporation, is not a “Muslim” party under the Code of Muslim Personal Laws and that a real action belongs in the Regional Trial Court.
The Shari’a court denied the motion, reasoning that the mayor is Muslim and thus the court has concurrent jurisdiction; it also deemed the motion disallowed. The Municipality’s motion for reconsideration was denied.
The Municipality filed its answer raising lack of jurisdiction as affirmative defense, then elevated the case by petitioning the Supreme Court for certiorari, prohibition, and mandamus, with a temporary restraining order, contending the Shari’a court’s jurisdictional infirmity was patent.

Whether the Shari’a District Court of Marawi City had jurisdiction over a real action for recovery of land where one party is a municipal corporation.
Whether the denial of a motion to dismiss for lack of jurisdiction is a proper subject of a petition for certiorari.