G.R. No. 182434 - Tomawis vs. Balindong

Petitioners: Sultan Yahya "Jerry" M. Tomawis
Respondents: Amna A. Pumbaya, Jalilah A. Mangompia, Ramla A. Musor (daughters and heirs of the late Acraman Radia)
The case involves the ownership and possession of a parcel of land in Banggolo, Marawi City.

On February 21, 1997, private respondents filed a civil action for quieting of title before the Shari’a District Court (SDC), Fourth Judicial District, Marawi City (Civil Case No. 102-97).
Respondents alleged:

They were absolute owners of the land as legal heirs of Acraman Radia who possessed it peacefully and adversely.
Tomawis claimed ownership allegedly purchased from Mangoda Radia, who inherited it from his father.
In 1996, Tomawis allegedly caused leveling of the land and removal of houses with respondents’ permission.
Respondents were unlawfully deprived of possession, and Tomawis’ actions clouded their title.

Tomawis filed an answer denying ownership claims and raised, as an affirmative defense/motion to dismiss, lack of jurisdiction of the SDC, contending that the regular civil courts had exclusive jurisdiction over real property cases under Batas Pambansa Blg. (BP) 129.

April 1, 2003 - The SDC Judge Rasad G. Balindong denied Tomawis’ motion to dismiss, affirming the SDC’s concurrent jurisdiction under PD 1083 (Code of Muslim Personal Laws).
June 16, 2005 - Tomawis filed an Urgent Motion to Dismiss again arguing that the case pertains to real property under exclusive jurisdiction of the regular courts (BP 129).
July 13, 2005 - SDC denied the motion to dismiss.
September 6, 2005 - SDC denied Tomawis’ urgent motion for reconsideration and ordered trial continuation.

Tomawis petitioned the Court of Appeals (CA) for certiorari, mandamus, and prohibition to nullify the SDC orders.
February 8, 2006 - CA dismissed the petition, ruling that it was without jurisdiction over SDC decisions; such appeals should be to the (yet unorganized) Shari’a Appellate Court or directly to the Supreme Court.
January 29, 2008 - Tomawis filed another motion to dismiss before the SDC on the same jurisdictional grounds.
February 6, 2008 - SDC denied the motion with finality.

The issue on appeal: Whether SDC has jurisdiction over the case or if the regular courts have exclusive jurisdiction over actions involving title to or possession of real property under BP 129.

Whether respondent Judge Rasad G. Balindong acted with grave abuse of discretion in:

Denying petitioner’s motions to dismiss for lack of jurisdiction; and
Denying petitioner’s motion for reconsideration of the order denying the motion to dismiss.

Whether the Shari’a District Court may validly take cognizance of a quieting of title case involving real property owned by Muslim parties, despite the provisions of BP 129 vesting exclusive jurisdiction on regular courts for real property cases.