Republic of the Philippines

SHARIA DISTRICT COURT

3rd Judicial District
Zamboanga City
HEIRS OF MORA MEHAL represented
By HADJI USMAN OMAR AND HADJI
WAHID TAIB,
Plaintiffs,
Civil Case No. 012006
-versus-

For: JUDICIAL

PARTITION;
ISSUANCE OF
LETTER
OF ADMINISTRATION
WITH PRAYER FOR
ISSUANCE
OF WRIT OF
PRELIMINARY
INJUNCTION
HEIRS OF MORO HARUN, HEIRS OF
HADJI ABBAS, HEIRS OF HADJI
USSIN, HEIRS OF MORO ASAN,
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 Mora Mehal. On the
other hand, defendants are heirs of the late Moro
Harun, Hadji Abbas, Hadji Ussin. Moro Asan, Mora
Huraya, Mora Juhura and Mora Bulkis who are

represented by Suaida Abdurajak Villacin, of legal age,

Muslim Filipino, heir and descendant of Moro Asan, 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 coowners 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: Moro Harun,
married to Mora Enong, 2/12 shares; Hadji Abbas
married to Mora Hawing, 2/12 shares; Mora Mehal, a
widow, 2/12 shares; Hadji Ussin 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 WAHID TAIB
by this Honorable Court, who is able, competent and
willing to perform the function as administrator,
authorizing him to administer the estate abovedescribed 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 Wahid Taib
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 Asan), 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;

10.
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;
11.
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 portion of the property pending the
adjudication of the instant case;
12.
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;
13.
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.

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 WAHID TAIB
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.

MELCHOR

REY

K.

SADAIN
Counsel for Petitioners
PTR No. 0878304; 1-42006, Z.C.
IBP O.R. No. 664428; 1-42006; Z.C.
Roll of Attorney No.
40,001
SADAIN LAW
OFFICE
G/F Blanco Building
Valderosa
Street,
Zamboanga City

VERIFICATION/CERTIFICATION
HADJI USMAN OMAR and HADJI WAHID TAIB, 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 USMAN OMAR

HADJI

TAIB

WAHIB
Affiant

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 MORA MEHAL, represented by HADJI

CIVIL CASE NO. 01-2006
USMAN OMAR and HADJI WAHID TAIB,
Plaintiffs,
-versusHEIR OF MORO HARUN, HEIRS OF HADJI
ABBAS, HEIRS OF HADJI USSIN, 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
Wahid Taib are the heirs of Mora Mehal and also Suaida
Abdurajak Villacin is the heir daughter of Mora Huraiya
and granddaughter-heir of Moro Asan, but denies the
allegation that Plaintiffs represent the other heirs of
Mora Mehal 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 Moro Harun, 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 AgarAgar 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.

SOTTO+ SOTTO & SOTTO 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. CLARENCE F. SOTTO

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

KAYSER

JAKARIA
Affiant
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 2nd day of
November 2006, Zamboanga City, Philippines.
Doc No: _______

SOTTO
Page No. ______
Book No. ______
2007
Series of 2006

Zambo. City

ATTY. CLARENCE F.
Notary Public
Until December 31,

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

Zambo. City
Roll No. 47813