This case has been cited 1 times or more.
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2009-01-20 |
PUNO, C.J. |
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| The same rationale applies to an answer with a motion to dismiss.[30] In the case at bar, 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. | |||||