Municipality of Tangkal Lanao Del Norte vs Hon.

Rasad Balindong and Heirs of

Macalabo Alompo

G.R. No. 193340

January 11, 2017

Facts:

The heirs of Alompo filed a complaint against the municipality of Tangkal for
the recovery of possession of a parcel of land in the Shari'a District Court of
Marawi. According to Alompo's heirs the property was "borrowed" by the
municipality to be paid within 35 years otherwise the ownership would revert
back to Macalabo. The heirs stated that the municipality did not pay
anything for the property therefore they want its possession to return to
them. The municipality filed a motion to dismiss it argued that the Shari'a
district court did not have jurisdiction over the case. The Shari'a Court stated
that it does and continued with the case. The municipality then filed a writ of
certiorari to Court on the ground of lack of jurisdiction the Shari'a Court
argued that according to their rules of procedure a denial of a motion to
dismiss is not allowed to have a writ of certiorari.

Issue:

Whether or not the Shari'a Court has jurisdiction over the case filed by the
heirs of Alompo?

Ruling:

No, The Supreme Court stated that the Shari'a Court does not have
jurisdiction over the case. The SC stated that although a writ of certiorari is
not allowed for a denial of a motion to dismiss in the Shari'a Court it may be
done if the ground is lack of jurisdiction because jurisdiction is conferred by
the law. The lack of it affects the authority of the court to take cognizance of
the case. According to Section 143 of the Code of Muslim Personal Laws the
Shari'a Court will have jurisdiction if both parties are Muslims if not then the
case should be tried by regular courts. In the case at bar the municipality is
not a muslim even if its representative Mayor Batingolo is one because he is
not the real party in interest whose religious membership is the one the law
takes into account. the municipality is the real party in interest.