Ashna D. Ontok Sharia Law Office

01/04/2025

اَلسَّلَامُ عَلَيْكُمْ‎

I’m back from hiatus. Will reply to emails in an hour or so.

31/03/2025

03/07/2024

DEATH BENEFITS AY PARA SA LEGAL NA ASAWA, KAHIT MATAGAL NANG HIWALAY, AT SA MGA ANAK (LEGITIMATE O ILLEGITIMATE) NG YUMAO.

The Supreme Court has ruled that
benefits arising from a seafarer’s death under the POEA contract
should be awarded only
to the surviving legitimate spouse, despite being long estranged from the seafarer, alongside the seafarer’s legitimate and illegitimate children.

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SC: Only Legal Spouse, Children May Receive Seafarer Death Benefits July 2, 2024 The Supreme Court has ruled that benefits arising from a seafarer’s death under the Philippine Overseas Employment Administration (POEA) contract should be awarded only to the surviving legitimate spouse, despite bein...

25/05/2024

Given the gravity and seriousness of the offense and the special protection given by the law to women who are usual victims of violence and abuse, it is thus proper that the offender be punished with imprisonment instead of community service.

Borja v. People
G.R. No. 258417
January 29, 2024
Released May 20, 2024

30/03/2024

https://www.youtube.com/watch?v=O5OVqMwTpNk

The 14th episode of the brand new Ramadan series, Dealing with Difficulty, 2024.All Official Links from the M***i Menk Channel can be found here:► https://mu...

30/03/2024

https://www.youtube.com/watch?v=Kkjeyz8HE3A

The 10th episode of the brand new Ramadan series, Dealing with Difficulty, 2024.All Official Links from the M***i Menk Channel can be found here:► https://mu...

30/03/2024

https://www.youtube.com/watch?v=0DW7efb5a0w

The 8th episode of the brand new Ramadan series, Dealing with Difficulty, 2024.All Official Links from the M***i Menk Channel can be found here:► https://muf...

30/03/2024

https://youtu.be/_EXRnxDRfak

The 12th episode of the brand new Ramadan series, Dealing with Difficulty, 2024.All Official Links from the M***i Menk Channel can be found here:► https://mu...

11/03/2024

Salam.

I apologize for my absence over the past month.
I will be catching up on responding to your messages in the inbox.
Thank you for your patience.

ADO

12/02/2024

PLEASE BE CAREFUL.

Para malaman na authentic ang papeles na binigay sa inyo, pinanghahawakan ninyo, GET THE LATEST COPY OF YOUR MARRIAGE CERTIFICATE (MC) FROM PSA.

If annotated na ang nakuha nyo sa PSA, meaning, dumaan na ito sa database ng Central Office. Congratulations.

*Sa kasong ito, nalamang peke ang dokumento nang mag apply siya ng US Visa.

25/11/2023

📸 Look at this post on Facebook https://www.facebook.com/share/p/U6igVdzQsb9UboAc/?mibextid=d6eG65

SC Reaffirms Strengthened Role of Shari’ah Courts in Philippine Judicial System |

Shari’ah courts are autonomous bodies which do not need to lean on civil courts.

Thus ruled the Supreme Court En Banc, through Associate Justice Rodil V. Zalameda, in its Decision granting the consolidated petitions filed under Rule 45 of the Rules of Court by Annielyn Dela Cruz Maliga (Annielyn) and Dr. John O. Maliga (John). The petitions challenged the orders of the 5th Shari’ah District Court (SDC), Cotabato City dismissing their complaints involving contracts of loan with interest.

The complaints were filed by Annielyn and John (collectively, petitioners) with the SDC following successive demands for payments by respondents Dimasurang Unte, Jr. (Unte) and Abraham N. Tingao and Bai Shor Tingao (Spouses Tingao) over loans contracted by Annielyn with the respondents. Pursuant to said loans, Annielyn had paid Unte PhP8,660,250 for interests alone, despite the principal amount of her loan being only PhP1,965,000. Annielyn had also paid Spouses Tingao PhP1,452,000 on interest alone despite the principal amount being only PhP330,000.

The petitioners thus prayed in their complaints for the extinguishment of the loans and for the refund or restitution by the respondents of all overpayments. The SDC claimed a lack of jurisdiction over the Usury Law, prompting the petitioners to appeal to the Supreme Court.

The Court emphasized that SDCs have exclusive jurisdiction over actions arising from customary contracts among Muslims, and their authority extends to nearly all personal and real actions between Muslims, regardless of the specific legal issues involved. The decision highlighted the autonomy and competence of Shari’ah courts, stating that they possess the same capabilities as civil courts, with judges having expertise in Muslim and customary law. The ruling also underscored the expansion of Shari’ah court jurisdiction in the Bangsamoro Autonomous Region, as outlined in Republic Act No. (RA) 11054 or the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, applying prospectively.

The Court criticized the SDC for prematurely dismissing the case based on a perceived lack of applicable Muslim law, emphasizing that the Muslim Code does not limit SDC jurisdiction to actions involving its provisions. It asserted that questions of fact, such as the existence and applicability of customary law, should be determined through evidence and not prematurely dismissed. The decision also highlighted the need for further proceedings to ascertain the applicable law, contract validity, and the alleged overpayments, with the cases remanded to the SDC for swift resolution. Additionally, the Court expressed its commitment, under the Strategic Plan for Judicial Innovations, to strengthen the Shari’ah justice system, suggesting potential expansions in mandate, including criminal and commercial cases, and a broader assessment of the system's overall performance.

Read more at https://sc.judiciary.gov.ph/sc-reaffirms-strengthened-role-of-shariah-courts-in-philippine-judicial-system/.