CHAPTER VIII
SHARI’A COURTS
The Shari’a Courts and the personnel thereof are subject to the
administrative supervision of the Supreme Court.i[1]
B. STATIONS
1. Five special judicial districts, each to have one Shari’a
District Court presided over by one Judge, are constituted
as follows:
1.1. The First Shari’a District shall comprise the Province of
Sulu;
1.2. The Second Shari’a District, the Province of Tawi-Tawi;
1.3. The Third Shari’a District, the Provinces of Basilan,
Zamboanga del Norte and Zamboanga del Sur, and the
Cities of Dipolog, Pagadian and Zamboanga;
1.4. The Fourth Shari’a District, the Provinces of Lanao del Norte
and Lanao del Sur, and the Cities of Iligan and Marawi; and
1.5. The Fifth Shari’a District, the Provinces of Maguindanao,
North Cotabato and Sultan Kudarat, and the City of
Cotabato.ii[2]
2. The Shari’a District Courts shall have their respective
permanent stations in the following places:
2.1. First Shari’a District, Jolo, Sulu;
2.2. Second Shari’a District, Bongao, Tawi-Tawi;
2.3. Third Shari’a District, Zamboanga City;
2.4. Fourth Shari’a District, Marawi City;
2.5. Fifth Shari’a District, Cotabato City.iii[3]
3. The Shari’a District Courts may hold sessions anywhere
within their respective districts.iv[4]
C. JURISDICTION
1. ORIGINAL JURISDICTION
1.1. Exclusive
The Shari’a District Courts shall have exclusive
original jurisdiction over:
1.1.1. All cases involving custody, guardianship, legitimacy,
paternity and filiation arising under the Code of
Muslim Personal Laws of the Philippines (Pres.
Decree No. 1083);
1.1.2. All cases involving disposition, distribution and
settlement of the estate of deceased Muslims,
probate of wills, issuance of letters of administration
or appointment of administrators or executors
regardless of the nature or the aggregate value of
the property;
1.1.3. Petitions for the declaration of absence and death
and for the cancellation or correction of entries in the
Muslim Registries mentioned in Title VI of Book Two
of the Code of Muslim Personal Laws of the
Philippines;
1.1.4. All actions arising from customary contracts in which
the parties are Muslims, if they have not specified
which law shall govern their relations; and
1.1.5. All petitions for mandamus, prohibition, injunction,
certiorari, habeas corpus, and all other auxiliary writs
and processes in aid of its appellate jurisdiction.v[5]
1.2. Concurrent
Concurrently with existing civil courts, the Shari’a
District Court shall have original jurisdiction over:
1.2.1. Petitions by Muslims for the constitution of a family
home, change of name and commitment of an
insane person to any asylum;
1.2.2. All other personal and real actions not mentioned in
paragraph 1(d) of Article 143 (1.1.4. supra) wherein
the parties involved are Muslims, except those for
forcible entry and unlawful detainer which shall fall
under the exclusive original jurisdiction of the
Municipal Circuit Courts; and
1.2.3. All special civil actions for interpleader or declaratory
relief wherein the parties are Muslims or the property
involved belongs exclusively to Muslims.vi[6]
2. APPELLATE JURISDICTION
2.1. The Shari’a District Courts shall have appellate jurisdiction
over all cases tried in the Shari’a Circuit Courts within their
territorial jurisdiction.vii[7]
2.2. The Shari’a District Courts shall decide every case
appealed to it on the basis of the evidence and records
transmitted as well as such memoranda, briefs or oral
arguments as the parties may submit.viii[8]
D. CLERKS OF COURT AND OTHER PERSONNEL
1. Shari’a District Courts shall have the same officers and
other personnel as those provided by law for the Courts of
First Instance (now Regional Trial Court).
2. The pertinent provisions of the Judiciary Law regarding the
number, qualifications, appointment, compensation,
functions, duties and other matters relative to the personnel
of the Courts of First Instance (now Regional Trial Court)
shall apply to those of the Shari’a District Courts.ix[9]
B. STATIONS
1. The Shari’a Circuit Courts shall be established as follows:
1.1. Six such courts in the Province of Sulu;
1.2. Eight in the Province of Tawi-Tawi;
1.3. Ten in and for the Provinces of Basilan, Zamboanga del
Norte and Zamboanga del Sur, and the Cities of Dipolog,
Pagadian, and Zamboanga;
1.4. Twelve in and for the Provinces of Lanao del Norte and
Lanao del Sur and the Cities of Iligan and Marawi; and
1.5. Fifteen in and for the Provinces of Maguindanao, North
Cotabato and Sultan Kudarat and the City of Cotabato.
2. The territorial jurisdiction of each of the Shari’a Circuit
Courts shall be fixed by the Supreme Court on the basis of
geographical contiguity of the municipalities and cities
concerned and their Muslim population.x[10]
3. The Shari’a Circuit Courts may hold sessions anywhere
within their respective circuits, but each shall have a
principal station to be fixed by the Supreme Court.xi[11]
C. JURISDICTION
The Shari’a Circuit Courts shall have exclusive original
jurisdiction over:
1. All cases involving offenses defined and punished under
the Code of Muslim Personal Laws of the Philippines.
2. All civil actions and proceedings between parties who are
Muslims or have been married in accordance with Article
13, involving disputes relating to:
2.1. Marriage;
2.2. Divorce recognized under the Code of Muslim Personal
Laws of the Philippines;
2.3. Betrothal or breach of contract to marry;
2.4. Customary dower (mahr);
2.5. Disposition and distribution of property upon divorce;
2.6. Maintenance and support, and consolatory gifts (mut’a); and
2.7. Restitution of marital rights.
3. All cases involving disputes relative to communal
properties.xii[12]
D. CLERKS OF COURT AND OTHER PERSONNEL
Shari’a Circuit Courts shall have the same officers and other
personnel as those provided by law for Municipal Circuit Courts. The
pertinent provisions of the Judiciary Law regarding the number,
qualifications, appointment, compensation, functions, duties and
other matters relative to the personnel of the Municipal Circuit Court
shall apply to those of the Shari’a Circuit Courts.xiii[13]
SPECIAL RULES OF PROCEDURE
FOR SHARI’A COURTS
A. GENERAL PROCEDURE
1. COMMENCEMENT OF ACTION (Da’Wa)
All actions and proceedings in the Shari’a Court shall
be commenced by complaint which shall be prepared at
least in triplicate by the plaintiff (mudda’i) or his counsel
(wakil) or by the Clerk of Court.xiv[14]
2. COMPLAINT
The complaint shall contain:
2.1. The title of the case, the case number assigned to it, and the
date of filing;
2.2. The name and address of the plaintiff and/or his counsel,
and the name and address of the defendant (mudda’ aalaí);
and
2.3. A concrete statement of the cause of action and the relief
prayed for.xv[15]
3. SERVICE OF SUMMONS
Summons, together with the copy of the complaint,
shall be served upon the defendant.xvi[16]
4. ANSWER
The defendant shall file an answer within ten (10) days
from receipt of the summons either personally or by
counsel, or with the assistance of the Clerk of Court.xvii[17]
5. FAILURE TO ANSWER
Should the defendant fail to answer the complaint
within ten (10) days from service, the Court shall proceed to
receive the evidence ex-parte upon which judgment shall
be rendered.xviii[18]
6. PRE-TRIALxix[19]
6.1. Not later than thirty (30) days after the answer is filed, the
case shall be calendared for pre-trial. Should the parties fail
to arrive at an amicable settlement (Sulh), the Court shall
clarify and define the issues of the case which shall be set
forth in a pre-trial order.
6.2. Within ten (10) days from receipt of such order, the parties
or counsels shall forthwith submit to the Court the statement
of witnesses (shuhud) and other evidence (bayyina)
pertinent to the issues so clarified and defined, together with
the memoranda setting forth the law and the facts relied
upon by them.
6.3. Should the Court find, upon consideration of the pleadings,
evidence and memoranda, that a judgment may be
rendered without need of a formal hearing, the Court may do
so within fifteen (15) days from the submission of the case
for decision.
7. HEARING OR TRIALxx[20]
7.1. The plaintiff (mudda’i) has the burden of proof, and the
taking of an oath (yamin) rests upon the defendant (mudda’
aalai’). If the plaintiff has no evidence to prove his claim, the
defendant shall take an oath and judgment shall be
rendered in his favor by the Court. Should the defendant
refuse to take an oath, the plaintiff shall affirm his claim
under oath in which case judgment shall be rendered in his
favor. Should the plaintiff refuse to affirm his claim under
oath, the case shall be dismissed.
7.2. If the defendant admits the claim of the plaintiff, judgment
shall be rendered in his favor by the Court without further
receiving evidence.
i[1] Pres. Decree No. 1083 (Code of Muslim Personal Laws of the Philippines), Art. 137
ii[2] Ibid., Art. 138.
iii[3] Ibid., Art. 147.
iv[4] Op. cit.
v[5] Ibid., Art. 143.
vi[6] Op. cit.
vii[7] Ibid., Art. 144.
viii[8] Op. cit.
ix[9] Ibid., Art. 146.
x[10] Ibid., Art. 150.
xi[11] Ibid., Art. 157.
xii[12] Ibid., Art. 155.
xiii[13] Ibid., Art. 156.
xiv[14] Special Rules of Procedure for Shari’a Courts, Sec. 1.
xv[15] Ibid., Sec. 2.
xvi[16] Ibid., Sec. 3.
xvii[17] Ibid., Sec. 4.
xviii[18] Ibid., Sec. 5.
xix[19] Ibid., Sec. 6.
xx[20] Ibid., Sec. 7.
7.3. If the defendant desires to offer defense, the party against
whom judgment would be given on the pleadings and
admissions made, if no evidence was submitted, shall have
the burden to prove his case. The statements submitted by
the parties at the pre-trial shall constitute the direct
testimonies of the witnesses as basis for cross-examination.
8. JUDGMENTxxi[21]
8.1. The judgment shall be rendered within fifteen (15) days from
the termination of the trial, or disposition of the case, should
there be no formal trial or hearing.
8.2. The judgment shall become final and executory upon the
expiration of the period to appeal. Once the judgment
becomes final and executory, the Court motu proprio shall
immediately issue the writ of execution for the satisfaction of
the judgment.
9. APPEAL
An appeal shall be made by filing notice of appeal
addressed to the Court and by paying the docket fee within
fifteen (15) days from receipt of judgment.xxii[22]
9.1. Appeal to the Shari’a District Court
Within five (5) days from the perfection of the appeal,
the Clerk of Court shall transmit the records to the
appropriate appellate court.xxiii[23]
9.2. Appeal to the Supreme Court
Upon receipt of the original records, transcripts and
exhibits, the Clerk of Court of the Shari’a District Court shall
notify the parties of such fact.xxiv[24]
10. LEGAL OPINION (Fatwa)
Before judgment is rendered, any court may seek the
opinion (fatwa) of the jurisconsult of Islamic law created
under the Code of Muslim Personal Laws on matters
concerning difficult questions of Muslim Law and
jurisprudence (fiqh).xxv[25]
11. PLEADINGS AND MOTIONS DISALLOWED
The Court shall not allow the filing of the following
pleadings, petitions or motions, to wit:
11.1. Motion to dismiss or to quash;
11.2. Motion for bill of particulars;
xxi[21] Special Rules of Procedure of Shari’a Courts, Sec. 8.
xxii[22] Ibid., Sec. 9.
xxiii[23] Ibid., Sec. 10.
xxiv[24] Ibid., Sec. 11.
xxv[25] Ibid., Sec. 12.
11.3. Motion for extension of time to file pleadings or any other
paper;
11.4. Motion to declare defendant in default;
11.5. Reply, third party complaint, or intervention;
11.6. Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the Court;
11.7. Petition for relief from judgment;
11.8. Motion for new trial or reopening of trial; and
11.9. Any dilatory motion for postponement.xxvi[26]
B. SUPPLEMENTAL PROCEEDINGS
1. SUPPLETORY RULE IN CIVIL CASES
The Shari’a Courts shall adhere to the sources of
Muslim Law relating to the number, status, or quality of
witness (‘adala) and evidence required to prove any fact.
Except as provided in the Special Rules for Shari’a Courts,
the Rules of Court shall apply in a suppletory manner.xxvii[27]
2. SUPPLETORY RULE IN SPECIAL OFFENSES
Subject to Section 16 of the Special Rules for Shari’a
Courts, all special cases or offenses cognizable by the
Court may be filed in such form and heard in such manner
as prescribed by the applicable laws and the Rules of
Court. However, the Court may apply, in a suppletory
manner, the principles of Muslim Law.xxviii[28]
C. ARBITRATION PROCEEDINGS
The Agama Arbitration Council, after its constitution
pursuant to the provisions of the Code of Muslim Personal
Laws, shall conduct the arbitration proceedings in accordance
with the method it deems appropriate, taking into consideration
the circumstances of the dispute, the conciliation of the parties,
the interests of the children, if any, and other third parties
involved, and the need for a speedy settlement of the dispute.
However, no arbitration proceedings shall take place ex parte.xxix
[29]
xxvi[26] Ibid., Sec. 13.
xxvii[27] Ibid., Sec. 16.
xxviii[28] Ibid., Sec. 17.
xxix[29] Ibid., Sec. 18.
