Municipality of Tangkal Lanao Del Norte vs the Heirs of Macalabo Alompo

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.