This case has been cited 2 times or more.
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2010-03-05 |
VELASCO JR., J. |
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| To be sure, the Court has, on several occasions, passed upon and resolved petitions and cases emanating from Shari'a courts. Among these was one involving the issue of whether or not grave abuse of discretion attended the denial of a motion to implement a writ of execution.[14] Still another involved the Shari'a courts' jurisdiction in custody and guardianship proceedings,[15] nullity of marriage and divorce when the parties were both married in civil and Muslim rites,[16] and settlement of estate proceedings where the deceased was alleged to be not a Muslim,[17] or where the estate covered properties situated in different provinces.[18] | |||||
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2009-01-20 |
PUNO, C.J. |
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| 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. It contains sufficient jurisdictional facts required for the settlement of the estate of a deceased Muslim,[23] such as the fact of Alejandro Montañer, Sr.'s death as well as the allegation that he is a Muslim. The said petition also contains an enumeration of the names of his legal heirs, so far as known to the private respondents, and a probable list of the properties left by the decedent, which are the very properties sought to be settled before a probate court. Furthermore, the reliefs prayed for reveal that it is the intention of the private respondents to seek judicial settlement of the estate of the decedent.[24] These include the following: (1) the prayer for the partition of the estate of the decedent; and (2) the prayer for the appointment of an administrator of the said estate. | |||||