Federated Learning

in the Philippines.

The establishment of the Shari'a courts in the Philippines has been originally conceived in the 1976 Tripoli Agreement entered into by and between the Philippine Government and the Moro National Liberation Front under the auspices of the Organization of Islamic Conference. It has been agreed, among other things, that "(I)n the areas of autonomy, the Muslims shall have the right to set up their own Courts which implement the Islamic shari'ah laws x x x" (par. 3, 3rd Agreement, Tripoli Agreement).

The Tripoli Agreement was not implemented. Nevertheless, then President Marcos, in the exercise of legislative power, promulgated in l977 PD 1083 otherwise known as the

"Code of Muslim Personal Laws" which provided, inter alia, for the creation of courts of limited jurisdiction known as the Shari'a District Courts and the Shari'a Circuit Courts under the administrative supervision of the Supreme Court of the Philippines.

The 1987 Constitution mandated the creation of an autonomous region in Muslim Mindanao and called for the enactment of an organic act for the autonomous region which shall "provide for special courts with personal, family and property law jurisdiction consistent with the provisions of this Constitution and national laws". (Sec. l5

& l6, Art. X).

Pursuant to this constitutional mandate, Repubic Act No.

6734 otherwise known as the "Organic Act for the Autonomous Region in Muslim Mindanao (ARMM)" was enacted into law. Under this Act, the Shari'a District Courts and Shari'a Circuit Courts created under PD 1083 are

mandated to continue to function as provided therein (Sec.

13, Art. IX, RA 6734). In addition, a Shari'a Appellate Court with limited jurisdiction was created by the Act.

(Sec. 2, Ibid.).

On February 7, 2001, the Congress of the Philippines passed Republic Act No. 9054 expanding the Organic Act of the ARMM, and purportedly increasing the jurisdiction of the Shari'a courts. The Act lapsed into law on March 31, 2001 without the signature of President Gloria Macapagal-Arroyo in accordance with Article VI, Section 27(1) of the Constitution.

Basic jurisdiction of the Shari'a Courts.

The guiding principles and policies of RA 9054 provide:

"The Shari'ah courts shall have jurisdiction over cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving Muslims.

"The Regional Assembly (of the ARMM) shall, in consultation with the Supreme Court, determine the number and specify the details of the jurisdiction of these courts." (Sec. 5, Art. III, RA 9054)

Priority in jurisdiction of regular courts.

Except in cases of successional rights to property, the regular courts shall acquire jurisdiction over controversies involving real property located outside the area of autonomy. Muslims who sue other Muslims or members of indigenous cultural communities who sue other members of cultural communities over matters covered respectively by Shari'ah or by tribal laws may agree to litigate their grievances before the proper Shari'ah or tribal court in the autonomous region. The procedure for this recourse to the

Shari'ah or tribal court shall be prescribed by the Supreme Court (Sec. 22, Art. VIII, Ibid.).

Nature of the Shari'a Courts.

Strictly speaking, Shari'a District Courts do not form part of the integrated judicial system of the Philippines. Section 2 of the Judiciary Reorganization Act of 1980 (B.P. Blg.

129) enumerates the courts covered by the Act, comprising the integrated judicial system. Shari'a Courts are not included in the enumeration notwithstanding that, when said B.P. Blg. 129 took effect on August 14, 1981, P.D. No.

1083 (otherwise known as "Code of Muslim Personal Laws of the Philippines") was already in force. The Shari'a Courts are mentioned in Section 45 of the Act only for the purpose of including them "in the funding appropriations"

(Bar Matter No. 702, In the Matter of the Petition to Authorize Shari'a District Judges to Appoint Shari'a Lawyers as Notaries Public, En Banc, 12 May 1994).

The fact that judges thereof are required by law to possess the same qualifications as those of Regional Trial Courts does not signify that the Shari'a Court is a regular court like the Regional Trial Court. The latter is a court of general jurisdiction, i.e., competent to decide all cases, civil and criminal, within its jurisdiction. A Shari'a District Court, created pursuant to Article 137 of Presidential Decree No.

1083, is a court of limited jurisdiction, exercising original jurisdiction only over cases specifically enumerated in Article 143 thereof. In other words, a Shari'a District Court is not a regular court exercising general jurisdiction within the meaning of Section 232 of the Notarial Law (Ibid.).

(Back to top)

Shari'a Appellate Court Creation.

Section 7, Article VIII of RA 9054 created the Shari'a Appellate Court which shall exercise jurisdiction over cases enumerated in Section 9 of the same Article.

Composition.

The Shari'a Appellate Court shall be composed of one (1) Presiding Justice and two (2) Associate Justices. Any vacancy shall be filled within ninety (90) days from the occurence thereof (Sec. 8, Art. VIII, RA 9054).

Official Seat.

The official seat of the Shari'ah Appellate Court shall, unless the Supreme Court decides otherwise, be in the province or city where the seat of the Regional Government is located (Sec. 1, Ibid.).

Qualification of Members.

The Justices of the Shari'a Appellate Court shall possess the same qualifications as those of the Justices of the Court of Appeals and, in addition, shall also be learned in Islamic law and jurisprudence (Sec. 11, Ibid.).

Under the Judiciary Reorganization Act of 1980 (B.P. Blg.

129), the Presiding Justices and Associate Justices of the Court of Appeals have the same qualifications as those provided in the Constitution for Justices of the Supreme Court (Section 7, B.P. 129). Section 7, Article VIII of the 1987 Constitution provides that:

"No person shall be appointed member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A member of the Supreme Court must be at least forty years of age, and must have for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

"A Member of the Judiciary must be a person of proven competence, integrity, probity and independence."

In sum, the qualifications of a Shari'a Appellate Justice are:

(1) He must be a natural-born citizen of the Philippines;

(2) He must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines;

(3) He must be at least forty years of age;

(4) He must be learned in Islamic law and jurisprudence;

and

(5) He must be a person of proven competence, integrity, probity and independence.

Appointment.

The Members of the Shari'a Appellate Court shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council. The nominees shall be chosen from a list of recommendees submitted by the Regional Assembly of the Autonomous Region in Muslim Mindanao. Such appointments need no confirmation (Sec. 11, Art. VIII, RA 9054).

Tenure.

The Presiding and Associate Justices of the Shari'a Appellate Court shall serve until they reach the age of seventy (70) years, unless sooner removed for cause in the same manner as Justice of the Court of Appeals or become incapacitated to discharge the duties of their office (Sec.

12, Ibid.).

Compensation.

The Presiding Justice and Associate Justices of the Shari'a Appellate Court shall receive the same compensation and

enjoy the same privileges as the Presiding Justice and Associate Justices of the Court of Appeals, respectively (Sec. 13, Ibid.).

Rules of proceedings.

Proceedings in the Shari'a Appellate Court and in the Shari'a lower courts in the Autonomous Region shall be governed by such special rules as the Supreme Court may promulgate (Sec. 17, Ibid.).

Jurisdiction.

The Shari'ah Appellate Court shall have the following powers:

(1) Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, habeas corpus, and other auxiliary writs and processes only in aid of its appellate jurisdiction; and

(2) Exercise exclusive appellate jurisdiction over all cases tried in the Shari'a District Courts as established by law (Sec. 9, Ibid.).

In the case of Macawiag vs. Balindong, G.R. 159210, Sept.

20, 2006, the Supreme Court said:

“While the Supreme Court En Banc authorized the creation of the Shari’a Appellate Court, it has not yet been organized. Consequently, aggrieved parties can come up only to the Supreme Court in view of the rule set forth in Article 145 of Presidential Decree No. 1083, viz:

Article 145. Finality of decisions. – The decisions of the Shari’a District Courts whether on appeal from the Shari’a Circuit Court or not shall be final.

Nothing herein contained shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.

“The original and appellate jurisdiction of the Supreme Court as provided in the Constitution is not altered. Specifically, this refers to the original jurisdiction of the Supreme Court over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It likewise refers to the power of the Supreme Court to review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in all cases in which the jurisdiction of any lower court is in issue and all cases in which only an error or question of law is involved .”

In fine, the decisions of the Shari’a District Courts may reach the Supreme Court by way of special civil action under Rule 65 of the Rules of Court if there is a question of jurisdiction, or petition for review on certiorari as a mode of appeal under Rule 45 (Macawiag vs. Balindong, Ibid.).

However, in the case of Tomawis vs. Balindong, G.R. No.

182434, Mar. 5, 2010, the Supreme Court acknowledged the non-organization of the Shari’a Appellate Court and declared that until such time that the Shari’a Appellate Court shall have been organized, appeals or petitions from final orders or decisions of the Shari’a District Court filed with the Court of Appeals (CA) shall be referred to a Special Division to be organized in any of the CA stations preferably composed of Muslim CA justices. But for cases where only errors or questions of law are raised or involved, the appeal shall be to the Supreme Court by a petition for review on certiorari under Rule 45 of the Rules of Court.

Nature of decisions.

The decisions of the Shari'ah Appellate Court shall be final and executory. Nothing herein contained shall, however,

affect the original and appellate jurisdiction of the Supreme Court, as provided in the Constitution (Sec. 10, Ibid.).

(Back to top)

Shari'a District Courts Creation.

Article 137 of PD 1083 provides for the creation of the Shari'a District Courts and Shari'a Circuit Courts as follows:

"There are hereby created, as part of the judicial system, courts of limited jurisdiction, to be known respectively as Shari'a District Courts and Shari'a Circuit Courts, which shall exercise powers and functions in accordance with this Title."

Shari'a judicial districts.

Five special judicial districts, each to have one Shari'a District Court presided over by one judge, are constituted as follows:

(a) The First Shari'a District comprises the Province of Sulu;

(b) The Second Shari'a District, the Province of Tawi-Tawi;

(c) The Third Shari'a District, the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga;

(d) The Fourth Shari'a District, the Provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi; and

(e) The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City of Cotabato. (Art. 138, PD 1083).

Qualifications of judges.

Article 140 of PD 1083 provides that:

"No person shall be appointed Shari'a District judge unless, in addition to the qualifications for judges of Courts of First Instance fixed in the Judiciary Law, he is learned in Islamic law and jurisprudence."

Section 15 of the Judiciary Reorganization Act of 1980 provides that:

"No person shall be appointed Regional Trial Judge unless he is a natural-born citizen of the Philippines, at least thirty-five years of age, and for at least ten years, has been engaged in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite."

In a nutshell, a judge of the Shari'a District Court must be:

(1) a natural-born citizen of the Philippines; (2) at least thirty-five years of age; (3) for at least ten years, has been engaged in the practice of law in the Philippines or has held a public office requiring admission to the practice of law as an indispensable requisite; (4) learned in Islamic law and jurisprudence; and (5) of proven competence, integrity, probity and independence.

Appointment.

Judges of the Shari'a District Courts shall be appointed by the President of the Philippines from a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation by the Commission on Appointments (Sec. 9, Art. VIII, Const.). Unlike those of the Shari'a Appellate Court, the nominees need not be recommended by the Regional Assembly of the Autonomous Government.

Like the other lower courts, the President shall issue the appointments within ninety days from the submission of the list (Ibid.).

Tenure.

Shari'a District judges shall be appointed to serve during good behavior until they reach the age of sixty-five years, or become incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for judges of Courts of First Instance (now RTC) (Art. 141, PD 1083).

The retirement age of judges, however, including judges of Shari'a courts has been raised to seventy years by the New Constitution (Sec. 11, Art. VIII, Const.).

Compensation.

Shari'a District judges shall receive the same compensation and enjoy the same privileges as the judges of Courts of First Instance (now Regional Trial Courts) (Art. 142, PD 1083).

Rules of proceedings.

According to Article 148 of the Code of Muslim Personal Laws, the Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate.

Pursuant to this and the provision of Article 158 of the same Code, the Supreme Court promulgated on September 20, 1983 the Special Rules of Procedure Governing the Shari'a Courts (Ijra-at al-Mahakim al-Shari-ah) which also applies to the Shari'a Circuit Courts.

Jurisdiction.

The Shari'a District Courts have three (3) classes of jurisdiction, i.e., exclusive original, concurrent original, and appellate jurisdiction.

Exclusive original jurisdiction. -- The Shari'a District Court shall have exclusive original jurisdiction over:

(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws (PD 1083);

(b) All cases involving disposition, distribution and settlement of 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;

(c) 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;

(d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and

(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction (Art. 143, PD 1083). In aid of its appellate jurisdiction is meant only in those cases where the parties have a right to appeal to that court (J.M. Tuazon & Co., Inc. vs. de la Cruz, 9 SCRA 189 [1963]).

In Montaner vs. Shari’a District Court, G.R. 174975, Jan.

20, 2009, where the action which was designated as a

‘complaint for judicial partition of properties’ contains sufficient jurisdictional facts required for the settlement of the estate of a deceased Muslim, the Supreme Court treated it as a petition for the issuance of letters of administration, settlement, and distribution of the estate of the decedent.

Concurrent original jurisdiction. -- Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:

(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;

(b) All other personal and real actions not mentioned in paragraph 1(d) of Article 143 of the Code wherein the parties involved are Muslims except those of forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Trial Courts, Municipal Trial Courts, or Metropolitan Trial Courts; and (c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims (Ibid.).

In the recent case of Tomawis vs. Balindong, G.R. No.

182434, Mar. 5, 2010, petitioner contended that Art. 143 of PD 1083, insofar as it granted the Shari’a District Court concurrent jurisdiction over certain real actions, was repealed by Sec. 19(2), in relation to Sec. 33(3) of BP 129, as amended—by vesting original exclusive jurisdiction to the RTCs and MTCs, as the case may be, over civil actions that involve the title to, or possession of, real property. The Supreme Court held:

“A reading of the pertinent provisions of BP 129 and PD 1083 shows that the former, a law of general application to civil courts, has no application to, and does not repeal, the provisions found in PD 1083, a special law, which only refers to Shari’a Courts.”

Appellate jurisdiction. -- The Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. They shall decide every case appealed to them on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit (Art. 144, Ibid.).

(Back to top)

Shari'a Circuit Courts Creation.

The Shari'a Circuit Courts are established by Article 137 of the Code of Muslim Personal Laws. They are established as follows:

(a) Six courts in the Province of Sulu;

(b) Eight in the province of Tawi-Tawi;

(c) Ten in and for the provinces of Basilan, Zamboanga del Norte, Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga;

(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur and the Cities of Iligan and Marawi;

(e) Fifteen in and for the Provinces of Maguindanao, North Cotabato, and Sultan Kudarat and the City of Cotabato (Art. 150, Ibid.).

The territorial jurisdiction of each of the Shari'a Circuit Court shall be fixed by the Supreme Court on the basis of geographical contiguity of the municipalities and cities concerned and their Muslim population (Ibid.).

Qualification of judges.

Article 152 of PD 1083 provides that:

"No person shall be appointed judge of the Shari'a Circuit Court unless he is a natural-born citizen of the Philippines, at least twenty-five years of age, and has passed an examination in the Shari'a and Islamic jurisprudence (fiqh) to be given by the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari'a courts.”

Section 18 of Article IX of RA 9054 provides:

"The Shari'a District Courts and the Shari'a Circuit Courts created under existing laws shall continue to function as provided therein. The judges of the Shari'a courts shall have the same qualifications as the judges of the Regional Trial Courts, the Metropolitan Trial Courts or the Municipal Circuit Trial Courts as the case may be. In addition, they must be learned in Islamic law and jurisprudence."

"The Shari'a District Courts and the Shari'a Circuit Courts created under existing laws shall continue to function as provided therein. The judges of the Shari'a courts shall have the same qualifications as the judges of the Regional Trial Courts, the Metropolitan Trial Courts or the Municipal Circuit Trial Courts as the case may be. In addition, they must be learned in Islamic law and jurisprudence."