Title
Tomawis vs. Balindong
Case
G.R. No. 182434
Decision Date
Mar 5, 2010
Land dispute over inheritance between Muslim parties; Shari'a District Court upheld jurisdiction under PD 1083, dismissing petitioner's claims.

Case Summary (G.R. No. 182434)

Procedural History and Legislative Framework

The private respondents filed the suit for quieting of title on February 21, 1997, before the SDC. Petitioner denied their ownership claim and moved to dismiss based on the lack of jurisdiction of the SDC, citing Batas Pambansa Blg. 129 (BP 129) or the Judiciary Reorganization Act of 1980, which vests exclusive original jurisdiction over civil actions involving title or possession of real property on regular civil courts (RTC or MTCs). The SDC denied the motions to dismiss, asserting its original and concurrent jurisdiction under Article 143, paragraph 2(b) of Presidential Decree No. 1083 (PD 1083), known as the Code of Muslim Personal Laws, which grants Shari'a courts jurisdiction over personal and real property actions involving Muslims. Petitioner’s motion for reconsideration was also denied, prompting a petition for certiorari before the Court of Appeals (CA), which dismissed it for lack of jurisdiction, directing eventual recourse to the Supreme Court pending organization of the Shari'a Appellate Court.

Jurisdictional Conflict: BP 129 vs. PD 1083

Petitioner argued that Section 19(2) of BP 129, as amended, confers exclusive jurisdiction to RTCs or MTCs over civil cases involving title or possession of real property, effectively repealing the concurrent jurisdiction previously afforded the SDC under Article 143(2)(b) of PD 1083. Private respondents countered that PD 1083 is a special law specifically applicable to Muslims and the Shari'a courts, which must prevail over the general law (BP 129) unless expressly repealed. The jurisprudential principle applied is generalia specialibus non derogant, meaning that a general law does not derogate a special law unless there's an express repeal, which was absent in this case.

Analysis of SDC Jurisdiction

Preceding BP 129, under the Judiciary Act of 1948 (RA 296), regular courts had original jurisdiction over real property cases. The creation of Shari'a courts under PD 1083 vested certain exclusive and concurrent jurisdiction to SDCs over civil cases involving Muslim parties, including personal and real actions not covered by exclusive exceptions. BP 129 reorganized the judiciary's civil courts but did not include Shari'a courts in its scope.

Interpretation of BP 129’s provisions excludes Shari'a courts from its reorganization, implying that the concurrent jurisdiction of the SDC over real property cases involving Muslims continues to co-exist with RTC jurisdiction. Article 143(2)(b) of PD 1083 thus remains effective, giving the Shari'a District Courts concurrent original jurisdiction with civil courts over real and personal actions involving Muslim parties, except for forcible entry and unlawful detainer cases.

Distinction Between Personal and Real Action

Consistent with jurisprudence, a personal action arises out of contracts and seeks enforcement or recovery of personal property, while a real action seeks recovery of ownership or possession of real property or interests therein. The private respondents’ complaint, alleging absolute ownership and illegal dispossession, properly pleads a real action for reconveyance—a cause of action within SDC’s jurisdiction under PD 1083 when parties are Muslims.

Supreme Court’s Position on Jurisdiction and Repeal Doctrine

The Court held that BP 129, as a general law, does not repeal the special law (PD 1083) establishing Shari'a courts’ jurisdiction over personal and real actions involving Muslims. Since no express repeal exists, jurisdiction granted to SDCs under PD 1083 persists concurrently with that of regular courts. The Court emphasized the need to harmonize the two laws and applied the maxim that general laws yield to special laws in case of conflict. Hence, the shari'a courts’ jurisdiction over the case remains valid.

Jurisdiction is determined from the complaint's allegations and relief sought, not from defenses or motions filed by the parties. The complaint’s proper assertions vested jurisdiction in the SDC.

Admonition Against Abuse of Procedural Rights

The Court condemned petitione


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