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SHARI’A COURT CASES Jocelyn Rulona-Al Awadhi v. Hon. Abdulmajid J. Astih GR. No. 81969
FACTS: Petitioner Jocelyn Rulona-Al Awadhi, a Roman Catholic, and Respondent Nabi Awadhi, a Kuwaiti national, were married in Kuwait. The petitioner resides with their children in Sta. Cruz, Calape, Bohol, while the private respondent resides at Ta gbiliran City Petitioner filed an action for support and guardianship of their three minor children i Regional Trial Court, Branch 2 in Tagbiliran City. Her husband, the defendant, filed in the court a motion to be allowed joint parental authority over the children. However, without wa for the order of the Tagbiliran Court, defendant filed a petition for custody and guardiansh their children in the Fourth Shari’a District Court in Marawi City, docketed therein as Sp Proceeding No. 011-87. Petitioner filed a motion to dismiss the said petition, which was then denied b Shari’a District Court based on Sec. 13 (a) 0f the Special Rules of Procedure in the Sh Courts stating that the court shall not allow the filing of motion to dismiss or squash. She filed a Petition for Review on Certiorari, assailing the order of the Shari’a Judicial District C
ISSUE: Whether or not the Shari’a District Court has jurisdiction over the parties and the su matter of the case.
HELD: No. Art. 13 Title II of the th e Code of Muslim Personal Laws of the Philippines only ap to marriages between Muslims or wherein only the male party is a Muslim and that solemnized in the Philippines. The husband is not a Philippine Muslim, but a Kuwaiti nat and that his marriage with the petitioner was solemnized not in the Philippines but in Ku Free Forthus 30this Days Sign up to vote on title Moreover, Art. 3 of the Muslim Code is applicable only Read to Muslims, the applicayion o Useful theparties Not useful said Code to the Christian wife will be prejudicial to her.Lastly, do not reside w Cancel anytime. Special offer forthe students: Only $4.99/month. Fourth Shari’a District. Therefore, as nether the petitioner nor the private responden their children live in or are members of these communities, they do not come within the am
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Estrellita Tamano v. Hon. Rodolfo A. Ortiz GR No. 126603
FACTS: In 1959, Senator Tamano married private respondent Zorayda Tamano in civil rites. to his death in 1993, Tamano also married petitioner Estrellita Tamano in civil rites in Mala Lanao del Sur. Private respondent Zorayda, together with her son Adib Tamano, filed a Complain Declaration of Nullity of Marriage of Tamano and Estrellita on the ground that it was bigam The entries on the marriage contract was claimed to be false and fraudulent. Estrellita then filed a motion to dismiss alleging that the Regional Trial Court of Qu City has no jurisdiction over the subject and nature of the action alleging that “only a party t marriage” could file an annulment against the other spouse. Petitioner also contended that Tamano and Zorayda were both Muslims and married in Muslim rites, the jurisdiction to and try the case falls under the Shari’a Courts pursuant to Art. 135 of the Code of Muslim. RTC denied the petition and ruled that it has jurisdiction since Estrellita and Ta were married in accordance with the Civil Code and not exclusively under Presidential D no. 1083. The motion for reconsideration was likewise denied. The case was referred to the Court of Appeals for consolidation. It granted respondents’ motion to resolve the Complaint for Declaration You're Reading a Preview of Nullity of Marriage. The CA ruled that the instant case would fall under the jurisdiction of the Shari’a C Unlock full access with a free trial. only when filed in places where there are such courts. Otherwise, the instant case could be before the RTC. Download With Free Trial The petitioner filed a Petition for Review on Certiorari.
ISSUE: Whether or not the Shari’a Court and not the Regional Trial Court has jurisdiction o the subject case and the nature of action.
Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title HELD: & The New York Times Useful Notthe useful The court held that the Regional Trial Court has jurisdiction over subject case. B Cancel anytime.
Special offer foron students: Only $4.99/month. the Judiciary Reorganization Act of 1980, the RTCs have jurisdiction over all ac
involving the contract of marriage and marital relatio ns.
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Sultan Yahya “Jerry” M. Tomawis v. Hon. Rasad G. Balindong GR No. 182434
FACTS: Private respondents Amna A. Pumbaya, Jalilah A. Mangompia and Ramia A. M daughters of the late Acraman Radia, filed with the Shari’a District Court an action for qui of title docketed as Civil Case No. 102-97 against Sultan Jerry Tomawis and Mangoda R The respondents alleged that, being the legal heirs of Acraman Radia, they were the abs owners of the lot subject of the complaint; Tomawis assumed ownership of the said proper the claim that he purchased the same from Mangoda Radia, who claimed that he inherited it his late father; in 1996, they were informed that the small houses built on the said land with permission were ordered by Tamawis to be removed; they had been unlawfully deprived right on the land, and Tomawis’ actions had cast doubt on their title. ISSUE: Whether or not the Shari’a District Court can validl y take cognizance of Civil Case 102-97 HELD:
The allegations as well as the relief sought by the private respondents to eliminate d on the title of ownership on the subject are within the jurisdiction of the Shari’a Di You'reland Reading a Preview Court. The said court has, by virtue of PD 1083, original jurisdiction over all personal and Unlock full access with a free trial. actions outside the purview of Art. 143 (1)(d) which states that all actions from custo contracts in which the parties are Muslims, except those for ejectment. Jurisdiction ove Download With Free Trial subject matter of a case is determined from the allegations of the complaint and the charact the relief sought. Private respondents’ petition in Civil Case No. 102-97 alleged the concu original of the SDC. On the other hand, BP 129 was enacted to reorganize only existing courts and is a law of general application to the judiciary. The concurrent jurisdiction of SDCs and the RTCs over cases involving only Musli Read Free Foron 30this Days Signjurisdiction up to vote title recognized by the Court. The SDC has exclusive original over all actions ar Useful Notthe useful the as from contracts customary to Muslims to the exclusion of RTCs, exception unde Cancel anytime. Special offer for1083, students: Onlyboth $4.99/month. while courts have concurrent original jurisdiction over all other personal actions 143 of PD 1083 , which states the jurisdictional conferment, is applicable solely when
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Vivencio B. Villagarcia v. Fifth Shari’a District Court GR No. 188832
FACTS: Roldan E. Mala purchased a 300-square-meterparcel of land located Poblacion, Pa Maguindanao, from one Ceres Canete on February 15, 1996. TCT No. T-15633, coverin parcel land, was issued in Roldan’s name on March 3, 1996. By 2002, Vivencio secu Katibayan ng Orihinal na Titulo Blg. P-60192 issued by the Land Registration Auth allegedly covering the same parcel of land. Roldan only found out that Vivencio occupie parcel of land when he had it surveyed on October 30, 2006. Roldan then filed an action to recover the possession of the parcel of land respondent Fifth Shari’a District Court due to failure to settle with Vivencio at the bara level. Respondent Fifth Shari’a District Court ruled in its decision that Roldan, as regis owner, had the better right to possess the parcel of land. It also ordered for Vivencio to vaca property, turn it over to Roldan, and pay damages as well as attorney’s fees. A notice of w execution was sent to Vivencio, giving him 30 days from the receipt thereof to comply wit decision. Vivencio filed a petition for relief from judgment with prayer for issuance of w preliminary injunction. He argued You're that Shari’a District Courts may only hear civil action Reading a Preview proceedings if both parties are Muslims, stating Article 155 Paragraph (2) of the Code of M Unlock full access with a free trial. Personal Laws of the Philippines. The respondent Fifth Shari’a District Court has no jurisdi to take cognizance of Ronald’s action for recovery of possession of a parcel of land. Download With Free Trial Petition was denied for lack of merit, hence this petition for certiorari with praye issuance of temporary restraining order to enjoin the implementation of the writ of exec issued against Vivencio.
ISSUES:semester 1. Whether or not a Shari’a District Court has jurisdiction over a real action where Master your with Scribd Read Free Foron 30this Days Sign up to vote title of the parties is not a Muslim & The New York Times Not usefulCourt were Useful District 2. Whether or not proceedings before respondent Shari’a Cancel anytime.
Special offer for students: Onlythe $4.99/month. since latter acquired jurisdiction over the person of Vivencio
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use of his property. This action being in personam, service of summons on Viv was necessary for Respondent Fifth Shari’a District Court to acquire jurisdiction Vivencio’s person. However, Vivencio not being a Muslim, the said court h jurisdiction over the subject matter of the action. Therefore, all proceedings, incl the service of summons on Vivencio, are void.
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