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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 64519. March 29, 1984.]

MANUELA U. VDA. DE MARAUG, for herself and in her capacity as the guardian ad litem of the minor, MERIAM U. MARAUG, Petitioner, v. JUDGE ALEJANDRO C. SILAPAN, Branch I, Regional Trial Court of 11th Judicial Region, and SADIN MARAUG, Respondents.

Carlito F. Caral for Petitioner.

Rodolfo C. Rapista for Private Respondent.


SYLLABUS


1. REMEDIAL LAW; JURISDICTION OF COURTS; SHARI’A COURTS UNDER PRESIDENTIAL DECREE NO. 1083 HAVE NOT BEEN ORGANIZED AT PRESENT; CASE AT BAR. — Dismissal of the intestate proceeding filed with the Regional Trial Court of Davao on the ground that under Article 143 (1) (b) of Presidential Decree No. 1083, the Code of Muslim Personal Laws (effective February 4, 1977), the case within the exclusive original jurisdiction of a Shari’a Courts. They have not been organized.

2. ID.; ID.; ID.; NO SHARI’A ARE TO BE ESTABLISHED IN DAVAO; REMEDY IN CASE AT BAR. — It would seem that Presidential Decree No. 1083 does not preclude Muslims from resorting to the remedies available in ordinary courts if they reside in provinces where there are no Shari’a Courts. No Shari’a Courts are to be established in Davao.


R E S O L U T I O N


AQUINO, J.:


This case is about the jurisdiction of a Shari’a District Court over Muslims residing in Davao.

Sadin Maraug, a resident of Davao, filed with the Regional Trial Court of Davao, Tagum Branch I, an intestate proceeding for the settlement of the estates of the spouses, Sangtan Maraug and Taraboka Maraug (Spec. Proc. No. 188). He prayed that he be appointed administrator.

Manuela U. Vda. de Maraug, the third wife of the deceased Sangtan Maraug opposed the petition and prayed for her appointment as administratrix. She is the mother of Meriam, the only daughter of Sangtan.

Presiding Judge Alejandro C. Silapan motu proprio dismissed the proceeding of his order of May 16, 1983 on the ground that under Article 143 (1) (b) of Presidential Decree No. 1083, the Code of Muslim Personal Laws (effective February 4, 1977), the case falls within the exclusive original jurisdiction of a Shari’a District Court.chanrobles.com.ph : virtual law library

Manuela appealed to this Court under Republic Act No. 5440. Sadin Maraug agrees with her that the Davao Regional Trial Court has jurisdiction over the proceeding.

We hold that the dismissal was erroneous. At present there are no existing Shari’a Courts. They have not been organized. Moreover, it would seem that Presidential Decree No. 1083 does not preclude Muslims from resorting to the remedies available in ordinary courts if they reside in provinces where there are no Shari’a Courts. No Shari’a Courts are to be established in Davao.

Articles 138 and 150 of the Code of Muslim Personal Laws establish Shari’a District and Circuit Courts only in (1) Sulu, (2) Tawi-Tawi, (3) Basilan, (4) Zamboanga del Norte, (5) Zamboanga del Sur, (6) Lanao del Norte, (7) Lanao del Sur, (8) Maguindanao, (9) North Cotabato and (10) Sultan Kudarat and in the cities of (1) Dipolog, (2) Pagadian, (3) Zamboanga, (4) Iligan and (5) Marawi. As already stated, the organization of Shari’a Courts has not been implemented.

WHEREFORE, the dismissal order is reversed and set aside. The lower court is directed to proceed with the intestate case. No costs.

SO ORDERED.

Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.

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