SHARI’A DISTRICT COURTS

1.         All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment 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 Muslim Personal Laws of the Philippines cited in MONTAÑER vs. SHARI’A DISTRICT COURT, G.R. No. 174975, January 20, 2009, First Division, Puno, C.J.).

2.         the Special Rules of Procedure in Shari’a Courts, Ijra-at-al-Mahakim al Shari’a, 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" x x x 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. The Shari’a District Court has the authority to hear and receive evidence to determine whether it has jurisdiction, which requires an a priori determination that the deceased is a Muslim. If 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 lack of jurisdiction (MONTAÑER vs. SHARI’A DISTRICT COURT, G.R. No. 174975, January 20, 2009, First Division, Puno, C.J.).

3.         THE proceedingS for the issuance of letters of administration, settlement, and distribution of the estate of the deceased muslim, is CONSIDERED a special proceeding: The Supreme Court has applied the Rules, particularly the rules on special proceedings, for the settlement of the estate of a deceased Muslim (Musa v. Moson, supra note 23, at 721-722).

4.         In the event that a special proceeding for the settlement of the estate of a decedent is pending, questions regarding heirship, including prescription in relation to recognition and filiation, should be raised and settled in the said proceeding The court, in its capacity as a probate court, has jurisdiction to declare who are the heirs of the decedent In the case at bar, the determination of the heirs of the decedent depends on an affirmative answer to the question of whether the Shari’a District Court has jurisdiction over the estate of the decedent (MONTAÑER vs. SHARI’A DISTRICT COURT, G.R. No. 174975, Jan. 20, 2009, 1st Division, Puno, C.J.).