arabic letters
EN BANC
[G.R. No. 119064. August 22, 2000]
NENG “KAGUI KADIGUIA” MALANG, petitioner, vs. HON. COROCOY MOSON, Presiding Judge of 5th Shari’a District Court, Cotabato City, HADJI MOHAMMAD ULYSSIS MALANG, HADJI ISMAEL MALINDATU MALANG, FATIMA MALANG, DATULNA MALANG, LAWANBAI MALANG, JUBAIDA KADO MALANG, NAYO OMAL MALANG and MABAY GANAP MALANG, respondents.
D E C I S I O N
GONZAGA-REYES, J.:
Presented for resolution in this special civil action of certiorari is the issue of whether or not the regime of conjugal partnership of gains governed the property relationship of two Muslims who contracted marriage prior to the effectivity of the Code of Muslim Personal Laws of the Philippines (hereafter, “P.D. 1083” or “Muslim Code”). The question is raised in connection with the settlement of the estate of the deceased husband.
Hadji Abdula Malang, a Muslim, contracted marriage with Aida (Kenanday) Limba. They begot three sons named Hadji Mohammad Ulyssis, Hadji Ismael Malindatu and Datulna, and a daughter named Lawanbai. Hadji Abdula Malang was engaged in farming, tilling the land that was Aida’s dowry (mahr or majar). Thereafter, he bought a parcel of land in Sousa, Cotabato. Hadji Abdula and Aida already had two children when he married for the second time another Muslim named Jubaida Kado in Kalumamis, Talayan, Maguindanao. No child was born out of Hadji Abdula’s second marriage. When Aida, the first wife, was pregnant with their fourth child, Hadji Abdula divorced her.
In 1965, Hadji Abdula married another Muslim, Nayo H. Omar but they were childless. Thereafter, Hadji Abdula contracted marriage with Hadji Mabai (Mabay) H. Adziz in Kalumamis, Talayan, Maguindanao and soon they had a daughter named Fatima (Kueng). Hadji Abdula and Hadji Mabai stayed in that place to farm while Hadji Abdula engaged in the business of buying and selling of rice, corn and other agricultural products. Not long after, Hadji Abdula married three other Muslim women named
[G.R. No. 119064. August 22, 2000]
NENG “KAGUI KADIGUIA” MALANG, petitioner, vs. HON. COROCOY MOSON, Presiding Judge of 5th Shari’a District Court, Cotabato City, HADJI MOHAMMAD ULYSSIS MALANG, HADJI ISMAEL MALINDATU MALANG, FATIMA MALANG, DATULNA MALANG, LAWANBAI MALANG, JUBAIDA KADO MALANG, NAYO OMAL MALANG and MABAY GANAP MALANG, respondents.
D E C I S I O N
GONZAGA-REYES, J.:
Presented for resolution in this special civil action of certiorari is the issue of whether or not the regime of conjugal partnership of gains governed the property relationship of two Muslims who contracted marriage prior to the effectivity of the Code of Muslim Personal Laws of the Philippines (hereafter, “P.D. 1083” or “Muslim Code”). The question is raised in connection with the settlement of the estate of the deceased husband.
Hadji Abdula Malang, a Muslim, contracted marriage with Aida (Kenanday) Limba. They begot three sons named Hadji Mohammad Ulyssis, Hadji Ismael Malindatu and Datulna, and a daughter named Lawanbai. Hadji Abdula Malang was engaged in farming, tilling the land that was Aida’s dowry (mahr or majar). Thereafter, he bought a parcel of land in Sousa, Cotabato. Hadji Abdula and Aida already had two children when he married for the second time another Muslim named Jubaida Kado in Kalumamis, Talayan, Maguindanao. No child was born out of Hadji Abdula’s second marriage. When Aida, the first wife, was pregnant with their fourth child, Hadji Abdula divorced her.
In 1965, Hadji Abdula married another Muslim, Nayo H. Omar but they were childless. Thereafter, Hadji Abdula contracted marriage with Hadji Mabai (Mabay) H. Adziz in Kalumamis, Talayan, Maguindanao and soon they had a daughter named Fatima (Kueng). Hadji Abdula and Hadji Mabai stayed in that place to farm while Hadji Abdula engaged in the business of buying and selling of rice, corn and other agricultural products. Not long after, Hadji Abdula married three other Muslim women named