Republic of the Philippines

SHARIA DISTRICT COURT

3rd Judicial District
Zamboanga City
HEIRS OF FATIMA HAJIM represented
By HADJI BUKOL AND HADJI
SABUL,
Plaintiffs,
Civil Case No. 01-2006
-versus-

For: JUDICIAL PARTITION;

ISSUANCE OF LETTER
OF ADMINISTRATION
WITH PRAYER FOR ISSUANCE
OF WRIT OF PRELIMINARY
INJUNCTION

HEIRS OF MISTA NGA, HEIRS OF

HADJI GULAY, HEIRS OF HADJI
PANGIT, HEIRS OF MORA ASIN,
HEIRS OF MORA HURAYA, HEIRS OF
MORA JUHURA and HEIRS OF MORA
BULKIS, herein represented by SUAIDA
ABDURAJAK VILLACIN,
Defendants.
X____________________________x

COMPLAINT
PLAINTIFFS, through counsel and unto this Honorable Sharia
District Court, most respectfully state:
1. That plaintiffs are of both of legal age, Muslim Filipinos,

with postal address at c/o Land Transportation Office, Isabela

City, Province of Basilan. That they are direct heirs and
descendants of the late Fatima Hajim. On the other hand,
defendants are heirs of the late Hadji Gulay, Hadji Pangit,
Hadji Asin, Mora Huraya, Mora Juhura and Mora Bulkis who
are represented by Suaida Abdurajak Villacin, of legal age,
Muslim Filipino, heir and descendant of Moro Asin, with
postal address at Sitio Gapo, Talabaan, Zamboanga City
where they can be served with summons and notified with
other notices of the Honorable Court;

2. That herein parties are heirs of the registered co-

owners of Lot No. 611 covered by TCT No. RT-668 (4066) of

the Registry of Deeds for Zamboanga City, specially herein
below described as follows:
A parcel of land (Lot No. 611 of the Cadastral plan of the
Mercedes Extension), together with the improvements
thereon, situated in the Municipality of Zamboanga; xxx xxx
xxx containing an area of six hundred and forty eight
thousand and nine hundred square meters (648,900), more
or less, and co-owned in an undivided interest by the
following: Mista Nga, married to Mora Enong, 2/12 shares;
Hadji Gulay married to Mora Hawing, 2/12 shares; Mora
Mehal, a widow, 2/12 shares; Hadji Asin married to Mora
Saddarain, 2/12 shares; Moro Asan, single, 1/12 share; Mora
Huraya, single, 1/12 share; Mora Juhura, single, 1/12 share;
and Mora Bulkis, a widow, 1/12 share.

Certified true copy of the said title is hereto attached as Annex

A;
3. That all the registered co-owners appearing on the

above-cited title are now deceased leaving no debts

whatsoever to any person, either natural or juridical, except
a purported loan with the Philippine National Bank way back
in 1940s duly annotated on the title but when inquired from
the Bank herein parties got negative response;
4. That the names, residence (which are all in Sitio Gapo,

Barangay Talabaan, Zamboanga City), and relations to the

deceased of the surviving heirs are as follows: (Please refer
to Annex B hereof);
5. That the subject properly consisting of Six Hundred

Forty Eight Thousand and Nine Hundred (648,900) square

meters had an assessed value of Php 162,640.00 as per Tax
Declaration No. 001 81 00334, machine copy of which is
hereto attached as Annex C;
6. That it is to the best interest of the herein heirs to

judicially
subdivide,
partition
and
adjudicate
unto
themselves the corresponding shares of their ancestors and
determining the exact metes and bounds of their respective
shares in view of the disagreement among themselves the
exact location and where about of their respective share;

7. That in the meantime the herein case is being judicially

adjudicated, petitioners herein pray that Letters of

Administration be issued in favor of HADJI SABUL by this
Honorable Court, who is able, competent and willing to
perform the function as administrator, authorizing him to
administer the estate above-described pending partition and
determination of the shares of the heirs and their exact
locations in accordance with the provisions of the Code of
Muslim Personal Laws of the Philippines. That Hadji Sabul is
willing to post a reasonable bond as may be required of him
by the Honorable Court in the event he will be appointed by
the Honorable Court as administrator and corresponding
Letters of Administration be issued in his favor.

ALLEGATIONS IN SUPPORT OF PRAYER

FOR ISSUANCE OF WRIT OF PRELIMINARY
INJUCTION
8. That

Petitioners replead and adopt the above

allegations in so far they may be applicable and pertinent;
9. The herein defendants, specifically Suaida Abdurajak

Villacin (heir of deceased Asin), is doing, threatening, or is

attempting to do, and/or disposing portions of the herein
property of the estate knowing very well that the property
remains undivided as in fact, she had already portion
thereof;
That defendants, specifically Suaida Abdurajak
Villacin, is doing, continuing, managing and/or disposing
portion of the property of the estate, and harvesting the
produce thereof, in effect depriving petitioners herein and
other heirs of their legitimate shares in the estate and had
caused injustice and had prejudiced and substantial nights of
the petitioners and other heirs of their shares and thereby
expose petitioners and other heirs to irreparable damage
and injuries;
10.

That petitioners have a clear rights as legitimate

heirs of the estate above described in accordance with the
provisions of PD 1083, part of which relief enjoining the
discontinuance of the act of said Suaida Abdurajak Villacin
and all those acting in her behalf in disposing the whole or
11.

portion of the property pending the adjudication of the

instant case;
That unless the afore-mentioned acts of defendant
Suaida Abdurajak Villacin and those other heirs or agents
acting in her behalf is restrained by the issuance of Writ of
Preliminary Injunction, the petitioners and other heirs equally
situated will suffer and continue to suffer grave and
irreparable damage in the instant case. That unless
restrained by this Honorable Court, the defendant Suaida
Abdurajak Villacin or her representative or agent will
continue to dispose the property of the estate or any portion
thereof in wanton violation of the rights of the petitioners
and other heirs respecting the subject of the action or
proceeding hereof, and tending to render the judgment
herein ineffectual;
12.

That the reason of the fact that herein Petitioners

are co-heirs and co-owners in the subject property, they plea
and pray this Honorable Court to exempt them from posting
a bond for preliminary injunction pursuant to Section 4 (b) of
Rule 58 of the Rules of Court.
13.

WHEREFORE, premises considered, petitioner pray that after

due notice and hearing, a Decision be rendered:
1. Enjoining and restraining Suaida Abdurajak Villacin or
any of her agents or representative or any heirs hereof from
further surveying and/or disposing any or portion of the
property of the estate, including the produce thereof,
pending the judicial determination of the actual shares and
location thereof;
2. Dividing and determining the exact share of each heir
of the deceased registered owners pursuant to the
application provision of PD 1083 as well as determining the
metes and bounds of each of this share;
3. Pending the adjudication of the instant case, a Letter of
Administration be issued in favor of HADJI SABUL authorizing
him to administer the subject property of the estate.
Other relief just and equitable under the premises are also
prayed for

Zamboanga City, Philippines, March 23, 2006.

RAIZA DAPILIN
Counsel for Petitioners
PTR No. 0878304; 1-4-2006,
Z.C.
IBP O.R. No. 664428; 1-4-2006;
Z.C.
Roll of Attorney No. 40,001
DAPILIN LAW OFFICE
G/F Blanco Building
Valderosa Street, Zamboanga
City

VERIFICATION/CERTIFICATION
HADJI BUKOL and HADJI SABUL, both of legal age, under oath,
depose and say:
1. That we are the representative of the petitioners in the
above-entitled petition; that we have caused the preparation and
read the contents thereof; that to the best of our personal
knowledge the contents thereof are true and correct.
2. That we have not commenced any other action or
proceedings of the same nature with the SC, CA, or any other
tribunals or agencies of the government and that to the best of
our personal knowledge no such action or proceeding is pending
with the SC, CA or any other agencies of the government;
3. That should we thereafter learned that the same case had
been filed or is pending with the SC, CA or any other tribunals or
agencies of the government, we shall undertake to inform this
Court within five (5) days from knowledge thereof.
IN WITNESS WHEREOF, we have hereunto set our hands this 29th
day of March, 2005 at Zamboanga City, Philippines.

HADJI BUKOL
Affiant

HADJI SABUL
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 29th day of March

2006 at Zamboanga City, Philippines.
Doc No. ______

Page No. _____

Book No. _____
Series of 2006

Republic of the Philippines

SHARIA DISTRICT COURT
Third Sharia Judicial District
Zamboanga City
HEIRS OF FATIMA HAJIM, represented by HADJI
CASE NO. 01-2006
BUKOL and HADJI SABUL,
Plaintiffs,

CIVIL

-versusHEIR OF MISTA NGA, HEIRS OF HADJI

GULAY, HEIRS OF HADJI PANGIT, ET.AL.;
Defendants.
X_______________________________x

ANSWER WITH AFFIRMATIVE DEFENSES and

COMPULSARY COUNTERCLAIMS
DEFENDANTS HEIRS OF MORA JUHURA, Represented by
KAYSER JAKARIA and HEIRS OF MORA BULKIS,
Represented by HASSAN NULKARI, counsel, respectfully
state: That---

1. Paragraph 1 is admitted only as to the fact that

answering defendants are Heirs of Mora Juhura and Mora
Bulkis, and that Hadji Usman Omar and Hadji Sabul are the
heirs of Fatima Hajim and also Suaida Abdurajak Villacin is
the heir daughter of Mora Huraiya and granddaughter-heir of
Moro Asin, but denies the allegation that Plaintiffs represent
the other heirs of Fatima Hajim as there is no application
from the complaint that they were so authorized to represent
the other heirs, moreover, Suaida Abdurajak Villacin is not
the representative of the heirs of Mista Nga, Hadji Abbas,
Hadji Ussin, Mora Juhura and Moro Bulkis;
2. Paragraph 2 is admitted;
3. Paragraph 3 is partly admitted in that all the registered
owners are now deceased but denies the rest of the
allegations for lack of knowledge sufficient to form belief as
to the truth of falsity thereof;

4. Paragraph 4 is partly denied for the same reasons

stated in paragraph 2 of and that Dependant-Heir Suaida
Villacin is a resident of Putik, Zamboanga City;

5. Paragraph 5 is specifically denied for lack of knowledge

sufficient to form belief of the truth or falsity thereof;
6. Paragraph 6 is partly denied specifically as to the
allegation that the parties and a disagreement among
themselves as to the exact location and whereabouts of their
respective shares, the truth being that the parties had
previously agreed to segregate their respective shares and
had in fact hired a surveyor for this purpose who surveyed
the subject lot sometime in April 2004 and that subsequently
a subdivision plan was made showing the respective shares
of the parties. A copy of the subdivision plan was attached
as ANNEX 1 of the Answer of Defendants-Heirs of Mora
Huraiya and Moro Asan, Represented by Suaida A. Villacin;
7. Paragraph 7 is specifically denied as there is no basis
for the issuance of letters of administration in favor of HADJI
WAHID TAIB since the parties herein have been each
administering portions of the subject lot corresponding to
their shares as indicated in the subdivision plan and plaintiff
HADJI WAHID TAIB, who is not even a resident of Zamboanga
City, is incompetent, and lacks integrity as shown by his
previous acts such as his having personally donated a
portion of subject lot to the Department of Agriculture to be
use for Agar-Agar dryer without getting the consent of the
other heirs. He made the donation all by himself as
evidenced by the engraving of his name in a cemented
landmark installed in the area belonging to defendant Suaida
Villacin.
8. Paragraph 8 to 13 are partly denied in that Defendant
Suaida Villacin is not doing, threatening or is attempting to
dispose portions of the subject property as in fact she had
not sold any portion of her share to any person, and

furthermore, it is submitted that the other defendants-heirs

have already sold some portions of their respective shares to
other persons as mentioned in the affirmative defenses since
they have every right to dispose off their undivided shares
without any interference from the third person as this is an
attribute of ownership.

AFFIRMATIVE DEFENSES
DEFENDANTS HEIRS OF MORA JUHURA, Represented
by KAYSER JAKARIA and HEIRS OF MORA BULKIS,
Represented by HASSAN NULKARI, plead, adopt, and
incorporate the foregoing statements and further state: That---

9. The complaint
JURISDICTION.

must

be

dismissed

for

LACK

OF

9.1. The Heirs of Hadji Abbas and the Heirs of Mora

Bulkis, had actually sold portions of their shares to other
persons, including a certain Mr. Jaime Rebollos who is not
a Muslim;
9.2. In fact, in the subdivision plan hereto attached, the
name of Jaime Rebollos was indicated showing the portion
of the lot was sold to him.
9.3. Since Mr. Jaime Rebollos, who is now a co-owner of
the subject lot, is not a Muslim then the Honorable Sharia
District Court is devoid of jurisdiction in this case;
10.
The complaint must be dismissed for LACK OF
CAUSE OF ACTION.
10.1.Plaintiffs had previously entered into an
agreement with the defendants as to the subdivision of
the subject lot as embodied in the subdivision plan, in
fact, the Plaintiffs agreed to the subdivision survey and
were then present when the same was conducted by Engr.
Mariano Manga, and herein answering defendants are in
fact agreeable to the partition of the subject lot as long as
it is based on what was previously agreed upon by the
parties;

11.
The complaint must be dismissed as NO EARNEST
EFFORTS TOWARDS A COMPROMISE AMONG FAMILY
MEMBERS WERE MADE ARE EVEN ALLEDGE IN THE
COMPLAINT NOR WAS THERE PRIOR RECONCILIATION
BEFORE THE BARANGAY;
11.1.The instant suit is undoubtedly a suit involving
members of the same family hence, earnest efforts
towards a compromise should have been exerted before
the institution of the case in court which did not happen in
this case thereby justifying the dismissal of the case on
this ground;
11.2.There was even no prior conciliation made before
the barangay concerned thereby further justifying the
dismissal of the case on the ground that a condition
precedent was not complied with;
12.
The complaint must be dismissed for FAILURE
TO IMPLEAD INDISPENSABLE PARTIES.
12.1.A mere reading of the complaint would readily
show that the alleged heirs of the registered co-owners of
the subject were not mentioned by the Plaintiffs on the
complaints or even in the caption thereof thereby second
guessing as to who really are the heirs of the registered
co-owners without whom no final determination of the
case could be had;

COMPULSORY COUNTERCLAIMS
DEFENDANTS HEIRS OF MORA JUHURA, Represented by
KAYSER JAKARIA and HEIRS OF MORA BULKIS, Represented
by HASSAN NULKARI, plead, read, adopt, and incorporate the
foregoing statements and further state: That---

13.
Due to the premature, baseless and unfounded suit
instituted by Plaintiffs,

DEFENDANTS HEIRS OF MORA JUHURA, Represented by

KAYSER JAKARIA

and HEIRS OF MORA BULKIS, Represented by HASSAN

NULKARI, have suffered enriched reputation, wounded feelings,
loss of appetite, and sleepless nights for which the Plaintiffs must
be adjudged liable to pay said Defendants the amount of at
P100,000.00 as and by way of moral damages; and in order to
deter others from an utterly baseless and unfounded suits,
Plaintiff must be ordered to pay defendants the amount of at least
P50,000.00 as and by way of exemplary damages;
14.
In order to protect their rights and interests,
DEFENDANTS HEIRS OF MORA JUHURA, Represented by
KAYSER JAKARIA and HEIRS OF MORA BULKIS,
represented by HASSAN NULKARI, have engaged the
services of counsel wherein they jointly and severally agreed
to pay attorneys fees in the amount of P___,000.00 which
Plaintiffs must reimburse said defendants;

OPPOSITION TO THE PRAYER FOR THE ISSUANCE

OF WRIT OF PRELIMINARY INJUNCTION

DEFENDANTS HEIRS OF MORA JUHURA, Represented by

KAYSER JAKARIA and HEIRS OF MORA BULKIS, represented
by HASSAN NULKARI, read, adopt, and incorporate the
foregoing statements, and further states: That --15.
The prayer for preliminary injunction is baseless in
fact, and is being referred to by Plaintiffs merely to harass
the legitimate co-owners and to prevent them from
exercising their lawful right or dominion over their lawful
share in the property.

16.
Plaintiffs by admitting that DEFENDANTS
HEIRS OF MORA JUHURA, Represented by KAYSER JAKARIA
and HEIRS OF MORA BULKIS, represented by HASSAN
NULKARI, recognize the right of said defendants and the

therefore have the right to perform such acts as co-owners

as long as it will not prejudice the co-ownership.

17. Assuming Plaintiffs would be entitled to a preliminary

injunction, Plaintiffs could not likewise pray for an exemption
from the posting of a preliminary injunction bond as this is an
essential requisite before such remedy could be granted.
WHEREFORE, premises considered, it is most respectfully
prayed of the Honorable Court that after due notice and
hearing, judgment be rendered:
1. Dismissing the instant complaint for lack of merit;
2. Denying the prayer for the issuance of letters of
administration in favor of Plaintiff Hadji Wahid Taib;
3. Denying
Plaintiffs
prayer
for
preliminary
injunction;
4. Ordering Plaintiffs to jointly and severally pay
DEFENDANTS-HEIRS OF MORA JUHURA, Represented
by KAYSER JAKARIA, and HEIRS OF MORA BULKIS,
Represented by HASSAN NULKARI MORAL DAMAGES in
the amount of at least P100,000.00 and EXEMPLARY
DAMAGES in the amount of at least P ___,000.00;
5. Ordering Plaintiffs to jointly and severally pay
DEFENDANTS-HEIRS OF MORA JUHURA, Represented
by KAYSER JAKARIA, and HEIRS OF MORA BULKIS,
Represented by HASSAN NULKARI ATTORNEYS FEES in
the amount of P___,000.00;
Other reliefs, just and proper, under the circumstances are likewise
prayed for

Zamboanga City, November 1, 2006.

CROCODILE LAW OFFICE

Counsel for DEFENDANTS- HEIRS OF MORA JUHURA,
Represented by KAYSER JAKARIA and HEIRS OF MORA
BULKIS,
Represented by HASSAN NULKARI
Rm. 218, Doa Vicente Bldg. Gov. Lim Ave.,

Zamboanga City
By:

ATTY. SAL EN
PTR No. 0882561-1/04/06-Zambo. City
IBP No. 642496-12/23/05 Zambo. City
Roll No. 47813

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
Republic of the Philippines)
City of Zamboanga) S.S.
x-----------------------------x
WE, KAYSER JAKARIA and HASSAN NULKARI, of legal ages,
married, with residence and postal address at Talabaan,
Zamboanga City, after having duly sworn to an oath in
accordance with law, do hereby depose and state:
1. We are the representatives of the Heirs of Mora Juhura
and Mora Bulkis, respectively, in the foregoing case;
2. We have cause, thru counsel, the preparation of the
foregoing Answer with relative Defenses and Compulsory
Counterclaims;
3. We have read and understood the contents of the same
and that the ____therein are true and correct to the best of
our own personal knowledge and ___authentic records;
4. WE hereby certify that I have not commenced any
similar action involving the issues in the Supreme Court,
Court of Appeals, or in any other court, tribunal, or that there
is no such pending action involving the same issues in the
Supreme Court of Appeals, or in any other court, tribunal or
agency; that should We learn that is such an action, We
undertake to inform the Court Within five (5) days from _____
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd
day of November 2006, Zamboanga City, Philippines.

HASSAN NULKARI
JAKARIA
Affiant
Affiant

KAYSER

SUBSCRIBED AND SWORN TO BEFORE ME this 2nd day of

November 2006, Zamboanga City, Philippines.
Doc No: _______
Page No. ______
Book No. ______
Series of 2006

Zambo. City

ATTY. SAL EN
Notary Public
Until December 31, 2007

TR No. 0882561-1/04/06IBP No. 642496-12/23/05 Zambo.

City
Roll No. 47813

Islamic Jurisprudence V
Levi Cardoza
LLB-2A

Islamic Jurisprudence V
Raiza Dapilin
LLB-2A