G.R. No. 181384, March 13, 2009
MACAPANTON B. BATUGAN, Petitioner, vs. HON. RASAD G. BALINDONG, as Acting Presiding Judge of the Shari’a District Court, Fourth Shari’a Judicial District, Marawi City, BAULAN B. CANACAN, HEIRS OF RANGCALBE B. MAGARANG, represented by Palawan Batugan, and HEIRS OF GUIBONSALAM B. ACRAMAN, represented by Farmidah A. Macabando and TOMINORAY BATUGAN, Respondents.

FACTS

Hadji Abubakar Pandapatan Batugan died intestate, leaving properties acquired during his first marriage, including the Coloi Farmland. A portion of this land was expropriated by the National Power Corporation (NPC). Petitioner Macapanton B. Batugan, a child from the first marriage, filed a special civil action for partition before the Shari’a District Court. On July 2, 2003, the court approved the petition for partition, applying Muslim law, and ordered the properties acquired during the first marriage to be partitioned among the petitioner and his full siblings. A second project plan of partition was approved by the court on May 6, 2005, which included a specific partition of the Coloi Farmland. Subsequently, the court, in an Order dated October 2, 2006, amended its May 6, 2005 Order to include the partition of the purchase price received from the NPC for the Coloi Farmland, directing respondent Tominoray Batugan (who had received the NPC payment) to deliver petitioner’s share. This was later modified by an Order dated December 20, 2006, noting petitioner had already received Php150,000.00 and directing delivery of the remaining balance. A writ of execution was issued on March 7, 2007. However, respondents filed an Omnibus Motion for Modification of Judgment, arguing the Shari’a Court had no jurisdiction over the Coloi Farmland as it had been expropriated and the proceeds extra-judicially partitioned. The Shari’a Court granted this motion in an Order dated June 18, 2007, reconsidering and setting aside its prior orders, recognizing the extra-judicial partition of the Coloi Farmland proceeds, and considering the case closed and terminated. Petitioner’s motion for reconsideration was denied on July 19, 2007. Petitioner then filed a Motion to Fully Implement the Writ of Execution dated March 7, 2007, which was denied by the Shari’a Court on September 26, 2007, and a motion for reconsideration was denied on November 12, 2007. Petitioner assails these orders via certiorari and mandamus.

ISSUE

1. Whether the Shari’a Court committed grave abuse of discretion when it issued the June 18, 2007 and July 19, 2007 Orders recognizing the extra-judicial partition of the proceeds from the Coloi Farmland.
2. Whether the Shari’a Court committed grave abuse of discretion when it issued the September 26, 2007 and November 12, 2007 Orders denying petitioner’s motion to fully implement and enforce the March 7, 2007 Writ of Execution.

RULING

The Supreme Court DISMISSED the petition. On the first issue, the Court held that the Shari’a Court did not commit grave abuse of discretion. The June 18, 2007 Order, which recognized the extra-judicial partition and set aside the prior orders, had become final and executory after petitioner failed to appeal it. Certiorari cannot be used as a substitute for a lost appeal. The petitioner’s failure to appeal within the reglementary period rendered the order final, and the Shari’a Court’s subsequent denial of the motion to implement the writ, which was based on that final order, was proper. On the second issue, the Court likewise found no grave abuse of discretion. The September 26, 2007 and November 12, 2007 Orders, which denied the motion to implement the writ, were correctly based on the final June 18, 2007 Order that had closed the controversy. Furthermore, the Court noted that the Shari’a Court’s partition order regarding the other properties (Balagunun Farmland, Coba o Hadji, and Soiok estates) remained unchanged and unresolved; only the Coloi Farmland matter was terminated.