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CA denies Musa’s motion on IP seat in City Council

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The Court of Appeals has denied Ismael Musa’s motion for reconsideration relative to his assertion as sectoral representative of the Indigenous People in the Sangguniang Panlungsod of Zamboanga City.

In a resolution dated February 19, 2018 signed by Associate Justice Ruben Reynaldo G. Roxas of the former 21st Division, the Court of Appeals based in Cagayan de Oro City denied Musa’s motion for lack of merit.

In his motion for reconsideration, Musa insisted that the Regional Trial Court (RTC) has jurisdiction over his complaint.

The CA, however, was unbent in stressing out that the jurisdiction over the main cause of action—as to who between appellant and Tungkuh Hanapi has the legal rights to hold office or assume as the IP’s representative and sit as the sectoral representative of the IP in the Sangguniang Panlungsod—properly falls under the National Commission on Indigenous People’s (NCIP’s) exclusive and original jurisdiction.

“With appellant in fact having accordingly invoked the NCIP’s jurisdiction, the same should therefore continue until termination of the case, and the filing of the case before the RTC warrants dismissal,” the CA ruled.

To recall, Musa filed a motion for reconsideration of the CA’s decision dated Nov. 24, 2017, which sustained the RTC’s dismissal of his complaint for declaration of nullity of the Certificate of Affirmation and Certificate of Recognition of Hanapi. An opposition to the motion for reconsideration was filed by appellee Vice Mayor Cesar S. Iturralde on Jan. 17, 2018.-(Vic Larato)




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