MOCK TRIAL SCRIPT ( Cluster 4 )

Case: Hadji Wahida Musa, et al. vs. Hon. Corocoy D. Moson, et al.
G.R. No. 95574 | August 16, 1991

Judge: Osama CM Hussein

Counsel for Petitioners: Moh'd Hisam Usop

Petitioners: Hadji Jahara Abdurahim - Norhanah L. Ampuan

Witness: Amina Fatima – Jehan Faisal

Respondent: Hadji Wahida Musa - Johayria S. Dipatuan

Witness: Aisha Karim - Jelyani Aminodin

Stenographer: Shaira Saidona Tagoranao

Translator : Dithma Macarambon Ramos-Datu

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Opening Statement

DC: May it please the Court, We are here today to address two central issues regarding the estate of the late
Jamiri Musa: the jurisdiction and venue of this proceeding. The Defendants, who are the Petitioners on this case—
Hadji Wahida Musa, Hadji Salma Musa, Rizal Musa, and Basser Musa—challenge the Shari’a District Court’s
jurisdiction over properties located outside its territorial scope, specifically in Davao del Sur and Davao Oriental.
Additionally, they assert that the venue has been improperly laid, as the decedent's true domicile was in Davao City,
not Maguindanao. Furthermore, the petitioners question the legitimacy of the private respondent, Hadji Jahara
Abdurahim, as a lawful widow of the decedent, as no sufficient evidence has been presented to support her claim.

It is important to note, however, that under the Code of Muslim Personal Laws, specifically Article 143(b),
the Shari’a District Court holds exclusive jurisdiction over matters of estate distribution for deceased Muslims,
regardless of the geographical location of the properties involved. Venue, in this case, is procedural and does not
affect the Court’s jurisdiction over the matter. We ask that the Court dismiss the claims of improper venue, as the
decedent maintained residences in both Maguindanao and Davao City, and as such, the venue in Maguindanao is
appropriate.

In this case, petitioners seek a just and lawful resolution, urging the Court to dismiss the case for lack of
jurisdiction and improper venue, and to ensure a fair distribution of the estate under the law.

C: All rise. The Court is now in session, the Honorable Judge Osama Hussein presiding.

(Du’aa)

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J: Please be seated. Please call the case.

C: For hearing, SDC Special Proceeding 89-19, for Joint Petition for the Administration and Settlement of the Insetate
Estate of the Late Jamiri Musa and Liquidation of Conjugal partnership.

J: Is the plaintiff ready?

PC: Yes, Your Honor.

J: Is the defense ready?

DC: Yes, Your Honor.

J: Counsels make your appearances.

PC: Your Honor, my name is Moh’d Hisam Usop and I am representing the plaintiff in this case.

DC: Your Honor, my name is Salahudden Misbah, and I am representing the defendant in this case.

J: Does the Plaintiff’s Counsel wish to call any witness?

PC: Yes, Your Honor. In line with the rules of procedure that warrants the presentation of evidence particularly the
testimonial evidence, Your Honor, if I may with your permission present the witnesses to this instant case. For the
plaintiff, we have three witnesses, Hadji Jahara Abdurahim herself and Amina Fatima.

J: Will the witness please stand to be sworn in by the bailiff.

PC: Your Honor, I would like to call Hadji Jahara Abdurahim to the stand.

C: Please stand. Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth.

W1: I do.

C: Please state your full name for the record.

W1: My name is Hadji Jahara Abdurahim.

PC: Your honor, the purpose of the testimony of Hadji Jahara Abdurahim is to provide evidence concerning her legal
marriage to the late Jamiri Musa, and to support her claim as the surviving widow of the deceased. She will also
testify on the settlement of his estate, the liquidation of their conjugal partnership, and the distribution of the
properties involved in this case.

J: Very well. Counsel may proceed with questioning the witness.

Direct Examination of the First Witness ( Hadji Jahara Abdurahim )

PC: Good morning, Mrs. Witness, can you remember if you have executed a Judicial Affidavit in relation with this
case?

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W1: Yes Ma’am, I can remember.

PC: If it is shown to you, can you still recognize them?

W1: Yes, sir. I can still recognize them.

PC: Now, I am showing you this Judicial Affidavit dated on June 14, 1991 purportedly executed by Mrs. Hadji Jahara
Abdurahim, can you examine this and tell this Honorable Court what is the relation of this affidavit with the affidavit
you are referring to?

W1: This is the same affidavit I executed, Sir.

PC: Now in page 3, your name Hadji Jahara Abdurahim and above such name is a signature. Is this your name and
signature?

W1: Yes, sir. That is my name and signature.

PC: In page 4, Moh’d Hisam Usop is dictated as an attesting counsel and above such name is a signature. Whose name
is this? Is this your counsel? And above such name is his signature?

W1: Yes Sir. He is my counsel and above such name is his signature.

Marking of JA as an Evidence

PC: Your Honor, I would like to request that this Judicial Affidavit of Mrs. Hadji Jahara Abdurahim be marked as
Exhibit A. And in page 1 be marked as Exhibit A-1.

J: Marked.

PC: Page 2 be marked as Exhibit A-2.

J: Yes, Marked.

PC: Page 3 be marked as Exhibit A-3, with the name and signature of the Affiant be marked as Exhibit A-4. And with
the name and signature of the attesting counsel be marked as Exhibit A-5.

J: Marked.

PC: Page 4 be marked as Exhibit A-6, with the name and signature of the subscribing officer be marked as Exhibit A-
7.

J: Okay, marked.

PC: Thank you, Your Honor.

Presentation of Deeds of Sale as an Evidence

PC: Now, Mrs. Abdurahim. Could you tell the court your relationship to the deceased, Jamiri Musa?

W1: I was his wife until the time of his death.

PC: When and where were you married to the deceased?

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W1: We were married in accordance with Islamic rites in 1978 in Linao, Upi, Maguindanao.

PC: Did you live with Mr. Musa after your marriage?

W1: Yes, we lived together in Maguindanao, where he owned a large property.

PC: Mrs. Abdurahim, I am now showing you a document, do you recognize this document?

W1: Yes, this is a deed of sale for a property in Maguindanao signed by my late husband. It lists me as his wife.

PC: To your knowledge, did Mr. Musa ever dispute your marriage?

W1: No, he never did. He always introduced me as his wife.

Marking of Deeds of Sale as an Evidence

PC: Your Honor, I respectfully request that this Deed of Sale be marked as Exhibit B. The first page, where the names
of the parties are mentioned, be marked as Exhibit B-1. The section bearing the signature of the deceased, Mr. Jamiri
Musa, be marked as Exhibit B-2, and the portion indicating the property location and details be marked as Exhibit B-
3.

J: Marked.

PC: Thank you, your honor.

Presentation of Title Deeds as an Evidence

PC: Now, I am showing you a document. Mrs. Witness, do you recognize this document?

W1: Yes, this is a Title Deed for one of the properties owned by the deceased, Mr. Jamiri Musa.

PC: Can you tell the court how you recognize this document?

W1: I have seen this document before. It was kept in our possession as proof of ownership of the property located in
Linao, Upi, Maguindanao.

PC: To your knowledge, does this document reflect the name of the registered owner of the property?

W1: Yes, it states that the property is registered under the name of my late husband, Mr. Jamiri Musa.

PC: Could you read for the court the details of the registered owner and the property’s location as written on the
document?

W1: The registered owner is Jamiri Musa, and the property is located in Linao, Upi, Maguindanao.

Marking of Title Deeds as an Evidence

J: Marked

Offer

PC: Your Honor, I respectfully offer the Judicial Affidavit of the witness and the marked documents, including the
attached document as evidence to establish the rightful claims of the petitioner. These documents substantiate Mr.
Musa's acknowledgment of the petitioner as his lawful wife and demonstrate his primary residence and business
connections.

J: Admitted.

J: Does the Defendant’s Counsel wishes to cross examine the witness?

Cross-Examination of the First Witness

DC: Yes, your honor. Thank you. Mrs. Witness, I would like to ask you a few questions about your testimony. You
stated that you were married to Mr. Musa in 1978. Do you have the original marriage contract to prove this?

W1: Unfortunately, the original marriage contract was lost, but I can provide witness who attended the ceremony.

DC: Mrs. Abdurahim, you also testified that Mr. Musa primarily lived in Maguindanao. However, isn’t it true that he
spent significant time in Davao City?

W1:Yes, but only for business.

DC: Regarding Exhibit B, you stated that Mr. Musa listed you as his wife in the deed of sale. Isn’t it possible that he
listed you for convenience, even if the marriage was not valid under Islamic law?

PC: Objection, Your Honor. The question calls for speculation.

J: Objection sustained. Counsel, please rephrase your question.

DC: Mrs. Abdurahim, did Mr. Musa ever specifically state in your presence that you were his only legal wife?

W1: Yes, he often referred to me as his only wife after divorcing his previous spouses.

DC: Thank you, Mrs. Abdurahim. No further questions, Your Honor.

J: Does the Petitioner’s Counsel wishes for redirect examination?

Redirect Examination by Counsel for Petitioner

PC: Yes. Thank you, your honor. Mrs. Abdurahim, earlier, the opposing counsel questioned the validity of your
marriage. To clarify, did members of your community acknowledge your marriage to Mr. Musa?

W1: Yes, many community members, including religious leaders, recognized our marriage.

PC: Thank you, Mrs. Abdurahim. No further questions.

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J: Do you have any other witness?

PC: Yes. Your Honor, May I proceed to present my second witness?

J: Yes, you may now call the witness to be sworn.

Clerk: May I call on the second witness to be in the witness stand.

(Coming to the witness stand)

Clerk: Please state your name for the record.

W2: My name is Amina Fatima.

PC: You may be seated.

Direct Examination of the Second Witness ( Amina Fatima - Family Friend of the Deceased)

PC: Mrs. Witness, can you remember if you have executed a Judicial Affidavit in relation with this case?

W2: Yes sir, I can remember.

PC: Now, I am showing you this Judicial Affidavit dated on June 14, 1991 purportedly executed by Mrs. Amina
Fatima, can you examine this and tell this Honorable Court what is the relation of this affidavit with the affidavit you
are referring to?

W2: This is the same affidavit I executed, Sir.

PC: Now in page 3, your name Aminah Fatimah and above such name is a signature. Is this your name and signature?

W2: Yes, sir. That is my name and signature.

PC: In same page, Moh’d Hisam Usop is dictated as an attesting counsel and above such name is a signature. Whose
name is this? Is this your counsel? And above such name is his signature?

W2: Yes, sir. He is the attesting counsel and above such name is his signature.

Marking of JA

PC: Your Honor, I would like to request that this Judicial Affidavit of Mrs. Aminah Fatimah be marked as Exhibit D.
And in page 1 be marked as Exhibit D-1.

J: Marked.

PC: Page 2 be marked as Exhibit D-2.

J: Marked.

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PC: Page 3 be marked as Exhibit D-3, with the name and signature of the Affiant be marked as Exhibit D-4. And the
name and signature of the attesting counsel be marked as Exhibit D-5.

J: Marked.

PC: And page 4 be marked as Exhibit D-6, with the name and signature of the subscribing officer be marked as
Exhibit D-7.

J: Okay, marked.

Presentation of a Screenshot as an Evidence

PC: Now, Mrs. Witness, could you tell the court your relationship to the deceased, Jamiri Musa?

W2: I was a close family friend of Mr. Musa and his wife, Hadji Jahara Abdurahim.

PC: How long did you know Mr. Musa?

W2: I knew him for more than 15 years.

PC: Were you familiar with Mr. Musa’s marital status during his lifetime?

W2: Yes, I knew he was married to Hadji Jahara.

PC: Ms. Fatima, I am now showing you a document, do you recognize this document?

W2: Yes, this is a screenshot of the invitation that was send to me by the Late Jamiri Musa.

PC: Did you personally witness Mr. Musa acknowledging Hadji Jahara as his wife?

W2: Yes, on many occasions. He introduced her as his wife at family gatherings and even during business meetings.

Marking of Screenshot as an Evidence

PC: Your Honor, we respectfully request that this document be marked as Exhibit E and admitted into evidence.

Judge: (nod)

PC: Thank you, your honor.

Offer

PC: Your Honor, I would like to request that this Judicial Affidavit together with the attached documents be
considered as her direct testimony to be admitted by this Honorable Court. This is offered to show that Mr. Musa
consistently acknowledged Hadji Jahara Abdurahim as his lawful wife in official documents. This supports the
respondent’s claim as a legitimate heir to the deceased’s estate.

J: Admitted.

Continuation of Direct Examination

PC: Ms. Fatima, based on your interactions with Mr. Musa, where did he primarily reside?
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W2: He primarily lived in Linao, Upi, Maguindanao, with his wife, Hadji Jahara.

PC: Did you ever see Mr. Musa staying in Davao City?

W2: Yes, but only briefly and mostly for business. His main home was in Maguindanao.

PC: Thank you, Ms. Fatima. I have no further questions at this time.

J: Does the Defendant’s Counsel wishes to cross-examine the witness?

Cross-Examination on Second Witness

DC: Yes, your honor. Thank you. Good morning, Ms. Fatima. I would like to ask you a few questions about your
testimony. You mentioned that Mr. Musa primarily lived in Maguindanao. However, isn’t it true that he also spent a
significant amount of time in Davao City?

W2: Yes, but only for business reasons.

DC: Would you agree that Mr. Musa owned properties in Maguindanao, Davao del Sur, and Davao Oriental?

W2: Yes, that is correct.

DC: You have also testified that Mr. Musa acknowledged Hadji Jahara as his wife. Did you personally witness their
marriage ceremony?

W2: No, I did not due to hectic schedule I had that day.

DC: I see. Now, Ms. Fatima, isn’t it possible that Mr. Musa listed someone as his wife in a document even if there was
no valid marriage under Islamic law?

W2: I suppose it’s possible, but I personally knew them as a married couple.

DC: Thank you, Ms. Fatima. No further questions, Your Honor.

PC: Your Honor, may I respectfully request that our witness be relieved from the witness stand?
J: The witness may step down.

J: Is the defendant’s counsel ready to present their witnesses?

DC: Yes, Your Honor.

J: You may now direct examine your witness and call him to be sworn.

Clerk: May I call on the witness stand, Hadji Wahida Musa.

(Coming to the witness stand)

J: Now, swear the witness and take her personal circumstances.

Clerk: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?

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W1: Yes, I do swear.

Clerk: Please state your full name for the record.

Clerk: You may be seated.

DC: Your Honor, the purpose of the testimony of my first witness is to prove the validity of petitioner Hadji Jahara
Abdurahim’s claim as a legal widow. We assert that the properties of the deceased, Jamiri Musa, located in Davao del
Sur and Davao Oriental, fall outside the jurisdiction of this court. Additionally, we argue that Hadji Jahara Abdurahim
was never validly married to the deceased and has no legal claim over his estate.

J: You may now proceed with the direct examination.

DC: Thank you, Your Honor.

Direct - Examination of the First Witness ( Hadji Wahida Musa )

DC: Mrs. Witness, can you identify in this honorable court what document I am showing you right now?

W1: It is Judicial Affidavit.

DC: Mrs. Witness, do you affirm that you have executed this judicial affidavit, stated here is your name and above
such name is your signature?

W1: Yes, I executed this Judicial Affidavit, and it is my name and signature.

DC: Do you affirm that Counsel Salahudden Misbah is the attesting counsel and above his name is his signature?

W1: Yes, I affirm.

Marking of JA

DC: Your Honor, I would like to request that this Judicial Affidavit of Ms. Hadja Wahida Musa be marked as Exhibit
1. And in page 1 be marked as Exhibit 1-A.

J: Marked.

DC: Page 2 be marked as Exhibit 1-B.

J: Marked.

DC: Page 3 be marked as Exhibit 1-C.

J: Okay, marked.

DC: Page 4 be marked as Exhibit 1-D, with name and signature of the Affiant be marked as Exhibit 1-E. With the
name and signature of the attesting counsel be marked as Exhibit 1-F. And the name and signature of the subscribing
officer be marked as Exhibit 1-G.

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J: Marked.

DC: Thank you, Your Honor.

Presentation of Marriage Certificate as an Evidence

DC: Mrs. Witness, can you tell the court your relationship to the deceased, Jamiri Musa?

W1: I was legally married to him.

DC: Do you have proof of this marriage?

W1: Yes. I have our marriage certificate.

DC: Your honor, May I approach the witness and show her the document?

J: You may.

( Counsel approaches the witness and hands her the document. )

DC: Hadji Wahida, can you identify the document you are holding?

W1: This is my marriage certificate with the deceased, Jamiri Musa.

DC: How did you obtain this document?

W1: It was issued to us after our marriage, and I have kept it in my possession since then.

DC: What does this document indicate?

W1: It shows that I was legally married to the deceased, Jamiri Musa, under Islamic rites.

DC: Mrs. Witness, to the best of your knowledge, was this marriage ever annulled or invalidated?

W1: No, but we were divorced later.

Marking of the Marriage Certificate as an Evidence

DC: Your Honor, I would like to request that the document which is identified by the witness to be their marriage
certificate with the late Jamiri Musa be marked as Exhibit 2. With the registry number be marked as exhibit 2-A. With
the signature of the husband and wife be marked as Exhibit 2-B, and the signature of the solemnizing officer be
marked as Exhibit 2-C.

J: Okay, marked.

Presentation of Birth Certificates of RM and BM as Evidence

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DC: Now, Mrs. Witness, you previously testified that you were married to late Jamiri Musa. Did you have any
children with him?

W1 Yes, we had children, including Rizal Musa and Basser Musa.

DC: Do you have documents to prove their parentage?

W1: Yes, I have their Birth Certificates.

DC: Your honor, May I approach the witness and show her the documents?

J: You may.

DC: Mrs. Witness, can you identify these documents?

W1: These are the birth certificates of my sons, Rizal Musa and Basser Musa.

Marking of the Birth Certificates of RM and BM as an Evidence

DC: Your Honor, I would like to request that the Birth certificate of Rizal Musa be marked as Exhibit 3 and Birth
certificate of Basser Musa be marked as Exhibit 4.

J: Okay, marked.

Presentation of Deeds of Sale as Evidence

DC: Now, Mrs. Witness, Do you have personal knowledge of the deceased’s properties and his residences?

W1: Yes, I do. He owned properties in multiple locations, including Maguindanao, Davao del Sur, and Davao
Oriental.

DC: I am now showing you a document, Do you recognize this document?

W1: Yes, I do.

DC: What is this document?

W1: This is a copy of one of the deeds of sale signed by the deceased, Jamiri Musa. In it, he lists his residence as
Davao City.

DC: Are there other deeds of sale where the deceased listed a different residence?

W1: Yes, some deeds list his residence as Linao, Upi, Maguindanao, while others state Davao City.

DC: To your knowledge, why did the deceased use multiple residences in these deeds?

W1: He alternated his residences because he traveled frequently and owned properties in both Maguindanao and
Davao City.

DC: Based on your knowledge, would you say that the deceased was more permanently residing in Davao City than in
Maguindanao?

W1: Yes, he spent more time in Davao City because he had more properties and business interests there.

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 Marking of Deeds of Sale as Evidence

PC: Your Honor, I respectfully request that this Deed of Sale be marked as Exhibit 5. The first page, where the names
of the parties are mentioned, be marked as Exhibit 5-A. The section bearing the signature of the deceased, Mr. Jamiri
Musa, be marked as Exhibit 5-B, and the portion indicating the property location and details be marked as Exhibit 5-
C.

J: Marked.

PC: Thank you, your honor.

Offer

DC: Your Honor, we respectfully ask that the Judicial Affidavit together with the attached document be admitted into
evidence. These documents are essential for proving the respondent’s claims regarding their familial relationships to
the deceased. The marriage certificate and birth certificates establish the respondent’s legal right to inherit from the
deceased, while the deeds of sale provide crucial information regarding the deceased’s residency.

J: The Judicial affidavit of Mrs. Witness together with the attached documents are admitted in this Court.

DC: Thank you, Your Honor.

J: Does the Petitioner’s Counsel wishes to cross examine the witness?

Cross-Examination of the First Witness ( Hadji Wahida )

PC: Yes, Your Honor, Thank you. Good morning, Mrs. Musa. I would like to ask you a few questions about the
documents you have presented. First, regarding the marriage certificate, you stated that you were legally married to
the deceased, Jamiri Musa. Is that correct?

W1: Yes.

PC: However, you were divorced from him, correct?

W1: Yes, we were divorced before his death.

PC: So, you were no longer legally married to him at the time of his death?

W1: No, but ---

PC: I understand. Now, regarding the birth certificates of Rizal Musa and Basser Musa, you stated that these
documents show they are legitimate children of the deceased. However, isn't it true that the legitimacy of children
under Islamic law can be contested if there are questions about the legality of the marriage?

W1: No, they are legitimate children because they were born during our marriage.

PC: But you would agree that the legitimacy of a child can be questioned if, for example, the marriage itself is
disputed, correct?

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DC: Objection, Your Honor! The legitimacy of the children is not being contested in this case. The birth certificates
are being presented to establish their status as heirs.

J: Objection sustained. Counsel, please refrain from questioning the legitimacy of the children unless it is relevant to
this case.

PC: Understood, Your Honor. Now, moving on to the deeds of sale, you stated that these deeds show the deceased
alternated between listing his residence as Maguindanao and Davao City. However, isn’t it true that the use of
different addresses in these documents could simply reflect the deceased’s property holdings rather than his actual
place of residence?

DC: Objection, Your Honor. The witness is testifying based on her personal knowledge of the decedent’s residences.
Counsel is attempting to speculate on the nature of the deeds without proper foundation.

J: Objection sustained. Please limit your questions to the witness’s personal knowledge.

PC: Very well. Mrs. Musa, you claim that the deceased primarily lived in Davao City. However, you were not with
him all the time, were you? You can’t be certain where he lived at all times, can you?

DC: Objection, Your Honor. Counsel is attempting to question the witness’s credibility without a foundation. The
witness is testifying based on her direct knowledge.

J: Objection sustained. Please rephrase your question.

PC: I understand, Your Honor. Mrs. Musa, based on your personal knowledge, would you agree that people
sometimes travel frequently for business and other reasons, so it’s possible the deceased was living elsewhere at times,
correct?

DC: Objection, Your Honor. The question assumes facts not in evidence. The witness has already testified that the
decedent lived in Davao City and Maguindanao.

J: Objection sustained. Counsel, please refrain from assuming facts that are not in evidence.

PC: Thank you, Mrs. Musa. No further questions, Your Honor.

DC: Your Honor, may I respectfully request that our witness be relieved from the witness stand?

J: The witness is relieved.

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J: Do you have any other witness?

DC: Yes. Your Honor, May I proceed to present my second witness?

J: Yes, you may now call the witness to be sworn.

C: May I call on the second witness to be in the witness stand.

(Coming to the witness stand)

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C: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?

W2: Yes, I do swear.

I: Please state your full name for the record.

W2: My name is Aisha Karim.

DC: You may be seated.

Direct Examination of the Second Witness ( Aisha Karim - Business Associate)

DC: Mrs. Witness, can you identify in this honorable court what document I am showing you right now?

W2: It is judicial affidavit I have executed.

DC: Mrs. Witness, do you affirm that the name that is stated in page 1 is your name and above such name is your
signature?

W2: Yes, I executed this Judicial Affidavit, and that is my name and signature.

DC: Do you affirm that Counsel Salahudden Misbah is your attesting counsel and above his name is his signature?

W2: Yes, I affirm.

Marking of JA

DC: Your Honor, I would like to request that this Judicial Affidavit of Mrs. Aisha Karim be marked as Exhibit 6. And
page 1 be marked as Exhibit 6-A.

J: Marked.

DC: Page 2 be marked as Exhibit 6-B.

J: Marked.

DC: Page 3 be marked as Exhibit 6-C, with the name and signature of the Affiant be marked as an Exhibit 6-D. And
the name and signature of the attesting counsel be marked as Exhibit 6-E.

J: Marked.

DC: And page 4 be marked as Exhibit 6-F, with the name and signature of the subscribing officer be marked as
Exhibit 6-G.

J: Okay, marked.

DC: Thank you, Your Honor.

Presentation of Business Contracts as Evidence

DC: Ms. Karim, as one of Mr. Musa’s business associates, were you involved in overseeing any of his contractual
agreements?
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W2: Yes, I was involved in several of his business transactions and often reviewed contracts he entered into.

DC: I am now showing you a document, do you recognize this document?

W2: Yes, this is a business contract between Mr. Musa and a client regarding the sale of a commercial property in
Davao City.

DC: How do you know this is an authentic contract signed by Mr. Musa?

W2: I was present when Mr. Musa signed this document. Additionally, this contract bears his signature and other
identifying information, including his address.

DC: Could you read for the court the address listed for Mr. Musa in this contract?

W2: The contract lists Mr. Musa’s address as Davao City.

DC: Is this consistent with how Mr. Musa typically represented his address in business dealings?

W2: Yes, he frequently used his Davao City address in official transactions, especially for his business activities.

Marking of Business Contract as an Evidence

DC: Your Honor, we respectfully request that this Business Contract be marked as Exhibit 7. The section showing the
contractual terms be marked as Exhibit 7-1, and the portion bearing the signatures of the parties involved be marked as
Exhibit 7-2.

J: Marked.

Offer

DC: Your Honor, I would like to request that this Judicial Affidavit together with the attached document be submitted
as an evidence. We respectfully offer to demonstrate that Mr. Musa consistently used his Davao City address in
official business dealings. This evidence directly supports our claim that he considered Davao City a primary
residence and business hub, challenging the respondents’ assertion that Maguindanao was his sole residence.

J: Admitted.

J: Does the plaintiff’s Counsel wishes to Cross-examine the witness?

Cross Examination of the Second Witness

PC: Yes, your honor. Thank you. Good morning, Ms. Karim. I have a few questions regarding your testimony about
Mr. Musa’s business dealings and the contract, you mentioned that the contract lists Davao City as Mr. Musa’s
address. Correct?

W2: Yes.

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PC: Isn’t it true that Mr. Musa often listed different addresses in contracts, depending on the location of the property
involved?

W2: He sometimes used addresses relevant to the property in question, but he commonly used his Davao City address

PC: So, it’s possible that the Davao City address on this particular contract was included simply because the property
in question is located in Davao City, correct?

W2: That could be a possibility, but he frequently used that address even for other matters.

PC: Thank you. Now, you testified that Mr. Musa conducted much of his business in Davao City. Is that correct?

W2: Yes, that’s correct.

PC: But you would agree that conducting business in a city does not necessarily mean a person considers it their
primary residence, correct?

W2: That’s true, but in Mr. Musa’s case, he spent most of his time in Davao City, which ---

PC: Please just answer the question, Ms. Karim. Conducting business in a city does not necessarily establish it as
one’s primary residence. Yes or no?

W2: Yes.

PC: Thank you. Now, let’s return to the Business Contract you presented, you stated that you were present when Mr.
Musa signed this contract. Correct?

W2: Yes, I was.

PC: Were you involved in drafting the contract?

W2: No, I was not.

PC: So, you cannot confirm whether the address was added by Mr. Musa himself or by another party handling the
document. Is that correct?

W2: I cannot confirm who specifically wrote the address, but Mr. Musa signed the document.

PC: Understood. Now, you mentioned earlier that Mr. Musa also maintained a residence in Linao, Upi, Maguindanao.
Correct?

W2: Yes, he did.

PC: And isn’t it true that his community, religious ties, and family connections were primarily based in Maguindanao?

W2: Yes, that is true.

PC: Thank you, Ms. Karim. One last question: To your knowledge, did Mr. Musa ever explicitly state that he
considered Davao City his permanent or primary residence?

W2: Not explicitly, but his actions---

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PC: Thank you, Ms. Karim. No further questions, Your Honor.

J: The witness may step down.

Motion to Dismiss

J: If there are no further clarifications, we will now proceed to consider any motions from the defense.

DC: May it please the Court, the Respondents respectfully move for the dismissal of this case.

Judge: Counsel, on what grounds are you moving to dismiss?

Counsel for Respondents: Your Honor, the motion to dismiss is based on the following grounds:

Lack of Jurisdiction Over the Subject Matter: The petitioners have failed to establish that this Court has proper
jurisdiction to hear this case. Specifically, they have not proven that the deceased, Jamiri Musa, was domiciled in
Davao City at the time of his death, which is crucial to the matter at hand.

Improper Venue: The petitioners incorrectly filed this case in this jurisdiction. Evidence shows that the deceased's
primary residence was in Linao, Upi, Maguindanao, supported by his family ties and religious affiliations in the area.

Failure to State a Cause of Action: The petitioners’ claim that Mr. Musa’s Davao City address reflects his primary
residence is speculative and unsupported by conclusive evidence.

Forum Shopping: We believe the petitioners may have filed this case in this venue to seek a more favorable ruling.

Judge: Counsel for Petitioners, do you wish to respond?

PC: Yes, Your Honor. If I may?

Judge: You may proceed.

PC: Your Honor, we strongly oppose the motion to dismiss on the following grounds:
Jurisdiction: As per Article 143(b) of the Code of Muslim Personal Laws, this Court has exclusive jurisdiction over
the settlement of the estate of deceased Muslims. The petitioners have provided credible evidence showing that Mr.
Musa frequently listed Davao City as his residence, which does not negate the Shari’a District Court’s jurisdiction.

Venue: Venue is procedural, not jurisdictional. The decedent maintained residences in both Maguindanao and Davao
City, and therefore, this Court is the proper venue, as he had substantial property in Maguindanao, where the petition
was filed.

Cause of Action: The petitioners’ allegations, though contested by the respondents, provide sufficient grounds to
move forward with the proceedings. We assert that the decedent’s ties to both Maguindanao and Davao City make this
Court the appropriate forum.

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No Evidence of Forum Shopping: There is no evidence to suggest that the petitioners are seeking to litigate in a venue
they perceive as more favorable.

J: Thank you, Counsel. I will take the arguments under advisement and issue a ruling on the motion to dismiss after
reviewing the submitted pleadings and evidence.

Counsel for Respondents: Thank you, Your Honor.

Counsel for Petitioners: Thank you, Your Honor.

(break)

Decision of the Court

Judge: After careful consideration of the arguments presented by the parties, the Court rules as follows:

Jurisdiction: The Shari’a District Court has exclusive jurisdiction over matters of estate settlement under the Code of
Muslim Personal Laws. This includes all properties of a deceased Muslim, irrespective of their location, as long as the
case concerns succession rights.

Venue: Venue is procedural and does not negate jurisdiction. The decedent maintained residences in both
Maguindanao and Davao City. Based on the available evidence, this Court retains jurisdiction, and the venue in
Maguindanao is appropriate.

Succession Rights: The legal standing of Hadji Jahara Abdurahim as the decedent’s widow has been sufficiently
established by evidence, including the deeds of sale and judicial affidavits. She is entitled to claim her share of the
estate.

WHEREFORE, the Motion to Dismiss is DENIED. The intestate proceedings shall continue in this Court, and the
appointment of Hadji Jahara Abdurahim as the Regular Administratrix is UPHELD.
SO ORDERED.
[Judge bangs gavel. Scene ends.]

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