Case Digest (G.R. No. 193340)
Facts:
The Municipality of Tangkal, Province of Lanao del Norte v. Hon. Rasad B. Balindong, G.R. No. 193340, January 11, 2017, Supreme Court Third Division, Jardeleza, J., writing for the Court.
The private respondents are the heirs of the late Macalabo Alompo (plaintiffs below). They filed a complaint with the Shari'a District Court of Marawi City seeking recovery of possession and ownership of an approximately 25-hectare parcel in Barangay Banisilon, Tangkal, Lanao del Norte. They alleged that Macalabo, their predecessor-in-interest, had allowed the Municipality of Tangkal to "borrow" the land in 1962 for municipal facilities under an agreement that required the municipality to pay its value within 35 years (until 1997) or the land would revert to Macalabo; they claimed the municipality neither paid nor returned the land and prayed for recovery (or rentals).
The Municipality of Tangkal (defendant below) filed an Urgent Motion to Dismiss on grounds of improper venue and lack of jurisdiction, arguing that the municipality is a juridical, secular entity with no religious affiliation and therefore the Shari'a District Court lacked jurisdiction over a real action involving a non-Muslim party. The Shari'a District Court denied the motion in an Order dated March 9, 2010, reasoning that because the mayor (Abdulazis A.M. Batingolo) is a Muslim the case "is an action involving Muslims" and the court thus had concurrent jurisdiction and proper venue; it also noted that a motion to dismiss is a disallowed pleading under the Special Rules of Procedure in Shari'a Courts. A motion for reconsideration by the municipality was denied and the Shari'a District Court ordered the municipality to answer; the municipality did so and again pleaded lack of jurisdiction as an affirmative defense.
Within the reglementary period the municipality filed a petition for certiorari, prohibition, and mandamus with prayer for a temporary restraining order (TRO) before the Supreme Court, challenging the interlocutory denial of its motion to dismiss on the ground that the Shari'a District Court lacked subject-matter jurisdiction because one party was not a Muslim. The private ...(Subscriber-Only)
Issues:
- Is a petition for certiorari (and related special writs) proper to assail an interlocutory order denying a motion to dismiss when the ground raised is lack of jurisdiction over the subject matter?
- Does the Shari'a District Court of Marawi City have jurisdiction under Article 143(2)(b) of the Code of Muslim Personal Laws (PD 1083) over a real action between Muslim plaintiffs and the Municipality of Tangkal where the municipality's mayor is a Muslim but the munic...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)