Montaner vs. Shariah District Court
Facts:
Luisa Kho Montañer, a Roman Catholic, married Alejandro Montañer, Sr. at the Immaculate
Concepon Parish in Cubao, ue!on Cit". Alejandro died. Peoners herein are their three children. Lilin# $isan#copan and her dau#hter, dau#hter, Almahleen, both Muslims, %led a &Complaint& 'or the judicial paron o' properes be'ore the Shari(a $istrict Court. )he" claim to be the %rst 'amil" o' Alejandro. Peoner children %led an Ans*er *ith a Moon to $ismiss becasue $iscan#copan 'ailed to pa" the correct amount o' doc+et 'ees. Peoners point to $isan#copan(s $isan#copan(s peon *hich contains an alle#aon esman# the decedent(s estate as the basis 'or the conclusion that *hat priate respondents paid as doc+et 'ees *as insu-cient. Issue: hether
or not the proper doc+et 'ees *ere paid 'or /Complaint0 'or the judicial paron o'
properes. Held: 1es, onl" because the peoner children 'ailed to present the
cler+ o' court( court (s assessment.
2ilin# the appropriate iniator" pleadin# and the pa"ment o' the prescribed doc+et 'ees est a trial court *ith jurisdicon oer the subject ma3er. ma3er. I' the part" %lin# the case paid less than the correct amount 'or the doc+et 'ees because that *as the amount assessed b" the cler+ o' court, the responsibilit" o' ma+in# a de%cienc"assessment lies *ith the same cler+ o' court. In such a case, the lo*er court concerned *ill not automacall" lose jurisdicon, because o' a part"(s reliance on the cler+ o' court(s insu-cient assessment o' the doc+et 'ees. As eer" ci!en has the ri#ht to assume and trust that a public o-cer char#ed b" la* *ith certain dues +no*s his dues and per'orms them in accordance *ith la*, la*, the part" %lin# the case cannot be penali!ed *ith the cler+ o' court (s insu-cient assessment. 4o*eer, 4o*eer, the part" concerned *ill be re5uired to pa" the de%cienc". de%cienc". In the case at bar, bar, peoner children did not present the cler+ o' court (s assessment o' the doc+et 'ees. Moreoer, Moreoer, the records do not include this assessment. )here can be no determinaon o' *hether $isan#copan correctl" paid the doc+et 'ees *ithout the cler+ o' court(s assessment.
JURISDICTION OVER SETTLEMENT OF THE ESTATE OF DECEASED MUSLIMS All cases involving disposition, distribution and settlement of the estate of deceased Musl Muslim ims, s, prob probat ate e of will wills, s, issu issuan ance ce of lett letter ers s of admi admini nist stra rati tion on or appo appoin intm tmen entt of administrators or executors regardless of the nature or the aggregate value of the property shall be under the exclusive original jurisdiction of the Shari’a District Courts (Article 143(b) of
Presidential Decree No. 1083, otherwise known as the Code of !sli" Personal #aws of the Phili$$ines cited in %N&A' *+. +A-A D-+&-C& C%/&, .. N%. 142, AN/A5 60, 6002, 7-+& D-*-+-%N, P/N%, C..).
!! "he Supreme Court held that the Special #ules of $rocedure in Shari’a Courts, -ra9at9al9ahaki" al +haria, proscribe %the filing of a motion to dismiss in lieu of an answer which would stop the running of the period to file an answer and cause undue delay% ::::: Moreover, the Shari’a District Court is not deprived of jurisdiction simply because petitioners raised as a defense the allegation that the deceased is not a Muslim! "he Shari’a District Court has the authority to hear and receive evidence to determine whether it has jurisdiction, which re&uires an a $riori determination that the deceased is a Muslim! 'f after hearing, the Shari’a District Court determines that the deceased was not in fact a Muslim, the district court should dismiss the case for lac( of jurisdiction (%N&A' *+. +A-A
D-+&-C& C%/&, .. N%. 142, AN/A5 60, 6002, 7-+& D-*-+-%N, P/N%, C..). !)! Although private respondents designated the pleading filed before the Shari’a District Court as a %Complaint% for judicial partition of properties, it is a petition for the issuance of letters of administration, settlement, and distribution of the estate of the decedent! 't contains sufficient jurisdictional facts re&uired for the settlement of the estate of a deceased Muslim (!sa ;. oson, .. No. 24, A!
.. N%. 142, AN/A5 60, 6002, 7-+& D-*-+-%N, P/N%, C..). !0! THE PROCEEDINGS FOR THE ISSUANCE OF LETTERS OF ADMINISTRATION, SETTLEMENT, AND DISTRIBUTION OF THE ESTATE OF THE DECEASED, IS CONSIDERED A SPECIAL PROCEEDING "he proceedings before the court a &uo are for the issuance of letters of administration, settlement, and distribution of the estate of the deceased, is a special proceeding! Section 0-c. of the #ules of Court -#ules. defines a special proceei!" as %a remedy by which a party see(s to establish a status, a right, or a particular fact!% "he Supreme Court has applied the #ules, particularly the rules on special proceedings, for the settlement of the estate of a deceased Muslim -Musa v! Moson, supra note )0, at 1)21)).! 'n a petition for the issuance of letters of administration, settlement, and distribution of estate, the applicants see( to establish the fact of death of the decedent and later to be duly recogni3ed as among the decedent’s heirs, which would allow them to exercise their right to participate in the settlement and li&uidation of the estate of the decedent -4da! de Manalo v! Court of Appeals, 56) $hil! 7), 8 -)66.! 9ere, the respondents see( to establish the fact of Alejandro Monta*er, Sr!’s death and, subse&uently, for private respondent Almahleen :iling S! Monta*er to be recogni3ed as among his heirs, if such is the case in fact! x x x x x $etitioners’ argument, that the prohibition against a decedent or his estate from being a party defendant in a civil action -4entura v! 9on! Militante, 015 $hil! 78) -;;;. applies to a special proceeding such as the settlement of the estate of the deceased, is misplaced!
mployees ?rgani3ation v! Court of Appeals, 0) $hil! 71@, 7;0 -;;7. and to distribute the residual to those entitled to the same -4da! de Manalo v! Court of Appeals, 56) $hil! 7), 8 -)66.!
!5!
E#CEPTION TO THE RE$UIREMENT OF NOTICE OF HEARING
"he present case calls for a liberal construction of the rules on notice of hearing, because the rights of the petitioners were not affected! "his Court has held that an exception to the rules on notice of hearing is where it appears that the rights of the adverse party were not affected(*ictor> #iner, -nc. ;. alinias, .. No. 1110, a> 62, 600, 63 +CA 62, 6219 626). "he purpose for the notice of hearing coincides with procedural due process (*lason nter$rises Cor$oration ;. Co!rt of A$$eals,3=2 Phil. 6=2, 622 (1222) for the court to determine whether the adverse party agrees or objects to the motion, as the #ules do not fix any period within which to file a reply or opposition (*ictor> #iner, -nc. ;. alinias, .. No. 1110, a> 62, 600, 63 +CA 62, 6219626). 'n probate proceedings, %what the law prohibits is not the absence of previous notice, but the absolute absence thereof and lac( of opportunity to be heard% (De ?ora, et al. ;. &an, et al., 23 Phil. 1=, 11 (123). : : : 'n the case at bar, as evident from the Shari’a District Court’s order dated anuary 1, )668, petitioners’ counsel received a copy of the motion for reconsideration in &uestion! $etitioners were certainly not denied an opportunity to study the arguments in the said motion as they filed an opposition to the same! Since the Shari’a District Court reset the hearing for the motion for reconsideration in the same order, petitioners were not denied the opportunity to object to the said motion in a hearing! "a(en together, these circumstances show that the purpose for the rules of notice of hearing, procedural process, was duly observed! x x x "o deny the Shari’a District Court of an opportunity to determine whether it has jurisdiction over a petition for the settlement of the estate of a decedent alleged to be a Muslim would also deny its inherent power as a court to control its process to ensure conformity with the law and justice! "o sanction such a situation simply because of a lapse in fulfilling the notice re&uirement will result in a miscarriage of justice! : : : : : 'n the event that a special proceeding for the settlement of the estate of a decedent is pending, &uestions regarding heirship, including prescription in relation to recognition and filiation, should be raised and settled in the said proceeding (Port!
AN/A5 60, 6002, 7-+& D-*-+-%N, P/N%, C..).
