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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,
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;
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
CIVIL
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
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,
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
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
HASSAN NULKARI
JAKARIA
Affiant
Affiant
KAYSER
Zambo. City
ATTY. SAL EN
Notary Public
Until December 31, 2007
Islamic Jurisprudence V
Levi Cardoza
LLB-2A
Islamic Jurisprudence V
Raiza Dapilin
LLB-2A