GR 193340; (January, 2017) (Digest)
G.R. No. 193340, January 11, 2017
THE MUNICIPALITY OF TANGKAL, PROVINCE OF LANAO DEL NORTE, Petitioner, vs. HON. RASAD B. BALINDONG, in his capacity as Presiding Judge, Shari’a District Court, 4th Judicial District, Marawi City, and HEIRS OF THE LATE MACALABO ALOMPO, represented by SULTAN DIMNANG B. ALOMPO, Respondents.
FACTS
The heirs of Macalabo Alompo, all Muslims, filed a Complaint for recovery of possession and ownership of a 25-hectare parcel of land against the Municipality of Tangkal before the Shari’a District Court (SDC) of Marawi City. They alleged that in 1962, their predecessor allowed the municipality to use the land for a municipal hall and health center under an agreement to pay its value within 35 years, failing which ownership would revert. The municipality failed to pay. The Municipality of Tangkal filed an Urgent Motion to Dismiss on grounds of improper venue and lack of jurisdiction, arguing that as a political corporation without religious affiliation, it cannot be considered a “Muslim” party under the Code of Muslim Personal Laws (CMPL). The SDC denied the motion, holding it had concurrent jurisdiction because the plaintiffs and the municipal mayor were Muslims, and venue was proper as it covered Lanao del Norte. The municipality’s motion for reconsideration was denied.
ISSUE
Whether the Shari’a District Court has jurisdiction over a real action for recovery of possession filed by Muslim heirs against a municipality.
RULING
No. The Supreme Court reversed the SDC’s order and dismissed the case for lack of jurisdiction. The Court clarified that jurisdiction under Article 143(2)(b) of the CMPL, which grants SDCs concurrent original jurisdiction over personal and real actions where the parties involved are Muslims, requires all parties to be Muslims. A municipality, as a political corporation created by law, possesses a juridical personality separate from its officials. It has no religious affiliation and cannot be classified as a Muslim or non-Muslim entity. The religious identity of its incumbent mayor is irrelevant to the municipality’s legal personality for jurisdictional purposes. The municipality is a neutral party in the context of the CMPL. Since one party (the municipality) is not a Muslim, the jurisdictional requirement for concurrent SDC jurisdiction is absent. The case, being a real action affecting title to land, properly falls within the exclusive jurisdiction of the regular Regional Trial Court. The Court also held that while the Special Rules of Procedure in Shari’a Courts generally prohibit motions to dismiss, this rule yields when lack of jurisdiction is patent from the pleadings, as here.