Special Rules of Procedure Governing Philippine Sharia Courts Annotated

SPECIAL RULES OF PROCEDURE GOVERNING PHILIPPINE SHARI'A COURTS ANNOTATED MANGONTAWAR M. GUBAT Associate Professor of Law Provincial Prosecutor II

Copyright 2012, Mangontawar M. Gubat Smashwords Edition Smashwords Edition License Notes This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you're reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

TABLE OF CONTENTS Preface to the Third Edition Preface to the Second Edition Preface to the First Edition Introductory Chapter General Considerations The courts Jurisdiction Action Venue The Shari'a Courts Shari'a Appellate Court Shari'a District Courts Shari'a Circuit Courts Comments on the Special Rules of Procedure PART I - GENERAL PROCEDURES Sec. 1. Commencement of Actions. Sec. 2. Complaint. Sec. 3. Service of Summons. Sec. 4. Answer. Sec. 5. Failure to Answer. Sec. 6. Pre-Trial. Sec. 6, Subsection 2. Sec. 6, Subsection 3 Sec. 7. Hearing or Trial. Sec. 7, Subsection 2. Sec. 7, Subsection 3 Sec. 8. Judgment. Sec. 8, Subsection 2 Sec. 9. Appeal. Sec. 10. Appeal to the Shari'a District Court. Sec. 11. Appeal to the Supreme Court. Sec. 12. Legal Opinion (Fatwa). Sec. 13. Pleadings and Motions Disallowed. PART II - OATH (YAMIN)

Sec. 14. Administration of Oath. Sec. 14, Subsection 2 Sec. 14, Subsection 3. Sec. 15. Mutual Oath (Tahaluf). Sec. 16. Mutual Imprecation (Li'an). PART III - SUPPLEMENTAL PROCEEDINGS. Sec. 17. Supplemental Rule in Civil Cases. Muslim Law On Evidence Sec. 18. Suppletory Rule in Special Offenses. PART IV-ARBITRATION PROCEEDINGS. Sec. 19. Argama Arbitration, How Conducted. Sec. 20. Effectivity. Appendix A.-- Code Of Muslim Personal Laws of the Philippines. Appendix B.-- Organic Act For The Autonomous Region In Muslim Mindanao Appendix C.-- Shari'a Bar Questions in Procedure and Evidence. About the Author Other Books by the Author at Smashwords

PREFACE TO THE THIRD EDITION In the name of Allah, the Most Beneficent, the Most Compassionate. Praise be to Him, the Lord of the Universe and Who keeps on expanding it, in Whose Hands my life and soul. I thank Him once again for giving me the courage and strength to come up with this this edition. This book, which is now on its third edition, was originally entitled “The Special Rules of Procedure Governing the Shari’a Courts (Ijra-at Al Mahakim Al Shariah) Annotated.” The original title may suggest that the Special Rules, as it is called throughout the text for brevity, is universal in its application to Islamic courts. On the contrary, although it has the basic feature of Islamic procedure, the Special Rules is Philippine adjective law exclusively applicable to the Shari’a courts in the Philippines, which were created by local legislation for the enforcement of the legal system of the Filipino Muslims. For fear that the work may be entirely ascribed to, and render disservice to the Islamic faith, the work is renamed to underscore its limited territorial applicability. Thus, it is now called “Special Rules of Procedure Governing Philippine Shari’a Courts Annotated.” This edition is updated with recent decisions of the Philippine Supreme Court involving or affecting the Shari’a courts as well as pertinent amendments to the Rules of Court of the Philippines. The author takes this opportunity to fully acknowledge Abdul Rahim (may Allah bless him) whose treatise on the general features of Muslim law on evidence has been extensively quoted in this humble work. May he be infinitely rewarded by Allah (s.w.t.) for his efforts.

It is my sacrosanct prayer that this edition will be useful to e-readers who are interested in this special and unique field of Philippine procedural law. Mangontawar M. Gubat February 28, 2012 (Back to top)

PREFACE TO THE SECOND EDITION In the name of Allah, the Most Beneficent, the Most Merciful. Praise be to Him, the Lord of the Universe, He who has control and dominion of the heavens and the earth. Thanks be to Him for giving me His favours for writing this book and now for coming out with a revised edition. The principle that laws constantly change is generally repulsive to Islamic law. It has been said that the elements constituting the doctrines, principles, tenets and articles of faith as well as the ideology shaping the Islamic system and making it quite distinctive are not subject to change. 'That was the Way of Allah in the case of those who passed away of old; and you will not find any change in the Way of Allah.' (Holy Qur'an, 33:62) The shari'a courts in the Philippines are creations of the Philippine legislature. The Special Rules of Procedure Governing the Shari'a Courts, though it has Islamic features, is Philippine adjective law. The basic Islamic procedural principles under which it was promulgated stand still; but civil procedure that applies in a suppletory character keeps on changing. Thus, the advent of the 1997 Rules of Civil Procedure brought about changes that necessitate a revision of this humble work. The annotations are updated to reflect not only the amendments to the Rules of Court but also the innovations yet to be tried and tested in the arena of the Philippine judicial system. As an added feature of this edition, Republic Act No. 9054 otherwise known as the "Act To Strengthen and Expand the Organic Act of the Autonomous Region in Muslim Mindanao" is appended hereto in tandem with the Pres. Decree No. 1083 else known as the "Code of Muslim

Personal Laws". These are the basic laws governing the Muslims of the Philippines. Like the first edition, much of the annotations on the special rules are of civil law except when otherwise indicated either specifically or when the rule is peculiar to Islamic adjective law. Finally, I wish to acknowledge my publisher Atty. Agaton R. Sibal who was the first to open to me the privileged, if not exclusive, field of publication; and to the courteous men and women of the Central Professional Books under his able stewardship, my heartfelt thanks. May this work remain helpful to shari'a students, bar candidates and practitioners alike. Mangontawar M. Gubat April 3, 2003 (Back to top)

PREFACE TO THE FIRST EDITION Laws need courts to apply and interpret them. Courts, in turn, must be guided by rules in the application and interpretation of the laws. Without rules, the courts are but useless instruments that only embellish and impress. The recognition of the Muslim legal system as part of the laws of the Philippines and the creation of the Shari'a courts as part of its judicial system necessitate the promulgation of rules that would govern the proceedings of these courts. On 20 September 1983, the Supreme Court promulgated the "Special Rules of Procedure Governing the Shari'a Courts (Ijra-at al-Mahakim al-Shari'a)" hereinafter referred to, for brevity, as Special Rules. The Special Rules which is almost summary in nature provides for an expeditious and inexpensive determination of the cases brought before the Shari'a courts. The brevity of the Special Rules creates the first impression that it needs no commentary at all. Yet, the suppletory application of the Rules of Court and the requirement that these courts should adhere to the sources of Muslim law relating to the number, quality and credibility of witnesses combined detract from such an impression. Indeed, such suppletory application necessitates an examination of the pertinent provisions of the Rules of Court as well as jurisprudence not to mention the few decisions of the Supreme Court directly involving the Special Rules. Their integration into the Special Rules by way of a single commentary is well nigh indispensable. It is in this wise that the author takes the painstaking efforts to write this humble work with the hope that it will cater to the need of shari'a students and prospective candidates to the Special Shari'a Bar examinations alike. If this humble

work proves useful in the smallest degree, then somehow the author's efforts in its preparation are not in vain. For the probable future improvement of this work, the author welcomes criticisms, suggestions, and recommendations. These prefatory observations would be rendered incomplete without acknowledging those whose works have greatly contributed in the preparation of this simple commentary, namely: Dr. Abdul Rahim, Manuel V. Moran, Florenz Regalado, and Jainal Rasul. Special acknowledgment goes to Mr. Boniero J. Lumasag, Sr. for his painstaking efforts in retyping the original manuscript. Mangontawar M. Gubat January 1, 1995 (Back to top)

INTRODUCTORY CHAPTER PART A GENERAL CONSIDERATIONS The Courts Court, defined. A court is an organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice (Black's Law Dictionary). The words 'courts' and 'judges' are used synonymously and interchangeably, generally speaking. In ordinary parlance, 'judges' are spoken of as 'courts' and 'courts' are referred to when the person means the 'judge' only. It is common for laymen, lawyers and judges, as well as the law, to use these terms interchangeably. But there is an important distinction between the court as an entity, and the person who occupies the position of judge. Courts may exist without a judge. There may be a judge without a court (Pamintuan vs. Lorente, 29 Phil 346). In Islamic law, the person who performs the onerous task of deciding the disputes and awarding or sentencing a binding order is called 'qadi'. He is also called hakam or hakim, but the latter two words are seldom used for this purpose in the works of fiqh since hakam is generally used for an arbiter and hakim for a ruler or an executive authority (Azad, M., Judicial System of Islam, Islamic Research Institute, Pakistan, 1987, p. 7). Classification of courts. The classification of courts in the Philippines are: A. According to their nature and extent of jurisdiction:

(1) Court of general jurisdiction, one which has the power to adjudicate all controversies which may be brought before it within the legal bounds of rights and remedies except those expressly withheld from its plenary powers. Example: Regional Trial Courts. (2) Court of limited or special jurisdiction, one whose power to adjudicate is confined to particular causes or can only be exercised under the limitations and circumstances prescribed by statute. Example: Shari'a Circuit Courts. (3) Court of original jurisdiction, one which has the power to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Example: Shari'a District Courts. (4) Court of appellate jurisdiction, one which has the authority to review the final order or judgment of a lower court with the power to modify, reverse, sustain or remand, or affirm the same. Example: Shari'a Appellate Court. B. According to the principles on which they administer justice: (1) Civil court, one which determines controversies between private persons. (2) Criminal court, one which is charged with the administration of criminal laws, and the punishment of wrongs to the public (Black's Law Dictionary). (3) Court-martial, a military court pertaining to the executive department of the government for trying and punishing offenses committed by members of the armed forces. (4) Admiralty court, one which has jurisdiction over admiralty and maritime matters. (5) Juvenile court, one which has special jurisdiction, of a paternal nature, over delinquent and neglected children.

(6) Court of equity, one which has jurisdiction in equity, which administers justice and decides controversies in accordance with the rules, principles, and precedents of equity, and which follows the forms and procedures of chancery; as distinguished from a court having the jurisdiction, rules, principles, and practice of the common law (Ibid.). Simply stated, it is one which follows a more flexible and discretionary rules. (7) Court of law, in a wide sense, any duly constituted tribunal administering the laws of the state or nation; in a narrower sense, a court proceeding according to the course of common law and governed by its rules and principles, as contrasted with a 'court of equity' (Ibid). It is one governed by highly formal set of rules. (8) Ecclesiastical court, one which has jurisdiction over matters pertaining to the religion and ritual of the established church, and the rights, duties, and discipline of ecclesiastical persons as such (Ibid.). (9) Shari'a court, one which is charged with the administration of shari'ah laws over Muslims. C. According to the law creating them: (1) Constitutional court, one which owes its creation and existence from the Constitution. Example: Supreme Court (2) Constitutionally-mandated court, one whose existence is provided for in the Constitution but its creation by statutory enactment. Example: Sandiganbayan (3) Statutory court, one which is created and organized and with jurisdiction determined by law. All courts in the Philippines except the Supreme Court and Sandiganbayan are statutory courts. D. According to their relation with other courts:

(1) Superior court, one which has the power to review, reverse, modify or affirm the order or judgment of a lower court. (2) Inferior court, one whose order or judgment may be reviewed by a higher court. E. According to whether they keep a record of their proceedings: (1) Court of record, one which is bound to keep a record of its proceedings for a perpetual memorial and testimony thereof (Melgar v. Delgado, 53 Phil. 225). (2) Court of not record, one which is not required by law to keep a record of its proceedings. (Back to top) Jurisdiction Jurisdiction, defined. Jurisdiction is the power and authority of a court to hear, try and decide a case (Herrera vs. Barretto, 25 Phil. 245). It is the power and authority to hear and determine a cause or the right to act in a case (Sogod vs. Rosal, G.R. 38204--5, Sept. 21, 1991). Classification of jurisdiction. Jurisdiction is classified as follows: (1) Original jurisdiction, the power of the court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law (Garcia vs. De Jesus, 206 SCRA 779, 786 [1992]). It means jurisdiction to take cognizance of a cause at its inception, try it and pass judgment upon the law and facts (Ong, Sr. vs. Parel, 156 SCRA 768, 776 [1987]). (2) Appellate jurisdiction, the power of a court higher in rank to review the final order or judgment of a lower court

and modify, reverse, sustain or remand the same (Garcia vs. De Jesus, supra). (3) General jurisdiction, the power to adjudicate all controversies which may be brought before a court within the legal bounds of rights and remedies except those expressly withheld from its plenary powers. (4) Limited jurisdiction, the power confined to particular causes, or which can only be exercised under the limitations and circumstances prescribed by statute. This is also known as special jurisdiction. (5) Exclusive jurisdiction, the power to adjudicate a controversy to the exclusion of all other courts at that stage and precludes the idea of co-existence (Ong, Sr. vs. Parel, supra, pp. 776-777 citing Black's Law Dictionary, p. 1251). (6) Concurrent jurisdiction, the power conferred upon different courts, whether of the same or different ranks, to take judicial cognizance at the same stage of the same case in the same or different judicial territories. But once the court assumed jurisdiction of a case, its jurisdiction shall continue until the case is finished (Rulonah Al-Awadhi vs. Astih, G.R. 81969, Sept. 26, 1988; People vs. Layno, 111 SCRA 20 [1982]; Denila vs. Bellosillo, 64 SCRA 63 [1975]; Lat vs. PLDT, 67 SCRA 425 [1975]). (7) Delegated jurisdiction, the power conferred upon a court to hear and determine certain cases such as cadastral and land registration under certain conditions (see I Regalado, Remedial Law Compendium, 1997 ed., pp. 3-4). Distinguished from venue. Jurisdiction is distinguished from venue as follows: (1) Jurisdiction is the authority of a court to hear, try and decide a case (Herrera vs. Barreto, supra); venue is the place where the action must be instituted and tried (Manila Railroad Co. vs. Attorney-General, 20 Phil. 523, 558).

(2) Jurisdiction is a matter of substantive law; venue is a procedural or adjective law (Dacoycoy vs. IAC, G.R. 74854, Apr. 2, 1991 citing Manila Railroad Co. vs. Attorney General, 20 Phil. 523; Consolidated Bank and Trust Corp. vs. IAC, 198 SCRA 34, 42 [1991]). (3) Jurisdiction is conferred by law or the Constitution (Andaya vs. Abadia, 228 SCRA 705, 717 [1993]; Garcia vs. De Jesus, supra; Orosa, Jr. vs. CA, G.R. Nos. 76828-32, 28 January 1991; Bacalso vs. Ramolete, 21 SCRA 519 [1967]) and cannot be conferred by the consent of the parties or by their failure to object to the lack of it (Lee vs. Presiding Judge, G.R. 60789, Nov. 10, 1986; Santos III vs. Northwest Orient Airlines, G.R. 101538, June 22, 1992); venue may be conferred by the act or agreement of the parties (Sec. 3, Rule 4, Rules of Court). (4) Jurisdiction creates a relation between the court and the subject matter; venue creates a relation between the parties to the action (Dacoycoy vs. IAC, supra; Consolidated Bank and Trust Corp. vs. IAC, supra). Distinguished from procedure. Procedure, as distinguished from jurisdiction, is the means by which the power or authority of a court to hear and decide a class of cases is put to action (Garcia vs. De Jesus, supra, p. 788; Manila Railroad Co. vs. Attorney-General, 20 Phil. 523). Rules of procedure are remedial in nature and not substantive. They cover only rules on pleading and practice (Garcia vs. De Jesus, Ibid.). Jurisdiction, how acquired. Jurisdiction over the following which are necessary for the exercise of jurisdiction are acquired as follows: (1) Over the plaintiff or petitioner. -- Jurisdiction over the person of the plaintiff or petitioner is acquired by the filing of the complaint or other appropriate pleading before the

court (Davao Light & Power Co., Inc. vs. CA., 204 SCRA 343, 348 [1991] citing Feria, Civil Procedure, 1969 ed., p. 19 in turn citing Manila Railroad Co. vs. Attorney-General, 20 Phil. 523, King Mau Wu vs. Sycip, 94 Phil. 784 and 21 CJS 122 and other cases). (2) Over the defendant or respondent. -- Jurisdiction over the person of the defendant or respondent is obtained by the service of summons or other coercive process upon him or by his voluntary appearance or submission to the authority of the court (Ibid. citing Feria, op cit. p. 20 in turn citing 21 CJS 123; Pennoyer vs. Neff, 95 U.S. 714 and other cases; see also Sec. 4, Rule 47, Rules of Court; Paramount InSurance Corp. vs. Luna, G.R. 61404, Mar. 16, 1987). (3) Over the subject matter of the claim. -- Jurisdiction over the subject matter of the claim is conferred by law (La Naval Drug Corp vs. CA, G.R. 103200, Aug. 31, 1994). By the filing of the complaint or other initiatory pleading, the jurisdiction of the court thereof is invoked or called into activity, and it is this that the court acquires jurisdiction over said subject matter or nature of the action (Davao Light & Power, Co. Inc. vs. CA, supra, pp. 347-348). (4) Over the issues of the case. -- Jurisdiction over the issues of the case is determined and conferred by the pleadings filed in the case by the parties, or by their agreement in a pre-trial order or stipulation, or, at times, by their implied consent, as the failure of a party to object to evidence on an issue not covered by the pleadings, as provided in Section 5, Rule 10 of the Rules of Court (I Regalado, (1988 ed.), p. 7). (5) Over the res (or the property or thing which is the subject of the litigation). -- This is acquired by the actual or constructive seizure by the court of the thing in question, thus putting it in custodia legis, as in attachment or garnishment, or by provision of law which recognizes in

the court the power to deal with the property or subject matter within its territorial jurisdiction, as in land registration proceedings or suits involving civil status or real property in the Philippines of a non-resident defendant (I Regalado, p. 7; see Sec. 15, Rule 14, Sec. 9 (c), Rule 39; Sec. 1, Rule 57, Rules of Court). Jurisdiction, how determined. It is axiomatic that what determines the nature of the action and the jurisdiction of the court are the allegations of the complaint and the character of the relief sought (Allgemeine-Bau-Chemie Phils., Inc., vs. Metropolitan Bank & Trust Co., G.R. 159296, Feb. 10, 2006; Del Mar vs. Philippine Amusement and Gaming Corporation, 346 SCRA 485, 500 [2000]; Notre Dame de Lourdes Hospital vs. Mallare-Phillipps, 197 SCRA 187, 190 [1991]; Ching vs. Malaya, 153 SCRA 412 [1987]; Varona vs. CA, G.R. 124148, May 20, 2004). To resolve the issue of jurisdiction, the court must interpret and apply the law on jurisdiction vis-a-vis the averments of the complaint. The defenses asserted in the answer or motion to dismiss are not to be considered in resolving the issue of jurisdiction, otherwise the question of jurisdiction could depend entirely upon the defendant (BPI Credit Corp. vs. CA, G.R. 96755, Dec. 4, 1991; Magay vs. Estiandan, 69 SCRA 456, 458 [1976]; Serrano vs. Muñoz (Hi) Motors, Inc., 27 SCRA 1085 [1969]; Abrin vs. Campos, 203 SCRA 420, 423 [1991]). In Montaner vs. Shari’a District Court, G.R. 174975, Jan. 20, 2009, where the complaint, which was treated as a petition for the issuance of letters of administration, settlement, and distribution of the estate of the decedent, alleged that the decedent was a Muslim while defendant alleged in his answer with motion to dismiss that the decedent is not a Muslim, the Supreme Court held that the Shari’a District Court has jurisdiction over the case.

Effect of lack of jurisdiction. It is a fundamental procedural doctrine that the jurisdiction of a court may be challenged at anytime at any stage of the action (Rulona Al-Awadhi vs. Astih, supra; Tijam vs. Sibonghanoy, 23 SCRA 29, 35-36 [1968]; Crisostomo vs. CA, 32 SCRA 54 [1970]; Zulueta vs. Pan American World Airways, Inc., 49 SCRA 1, 6 [11973]; Nueva Vizcaya Chamber of Commerce vs. CA, 97 SCRA 856 [1980]; Martinez vs. De la Merced, 174 SCRA 182, 189 [1989]; Tajonera vs. Lamoroza, 110 SCRA 438 [1981]; Nieta vs. Manila Banking Corp., 124 SCRA 455 [1983]). When the court proceeded in the action without jurisdiction, all the proceedings thereon are futile and invalid exercise (Rulona Al-Awadhi vs. Astih, supra). Jurisdiction by estoppel. The doctrine of estoppel enunciates that "after voluntarily submitting a cause and encountering an adverse decision on the merits, it is too late for the loser to question the jurisdiction or power of the court (People vs. Munar, 53 SCRA 278, 282 [1973] citing Esperat vs. Avila, 20 SCRA 596 [1967]). While the jurisdiction of a tribunal may be challenged at any time, sound public policy bars the litigants from so doing after having procured that jurisdiction themselves, speculating on the fortunes of litigation (People vs. Munar, Ibid. citing Calderon vs. Public Service Commission, 38 SCRA 624, 633 [1971] in turn citing Tijam vs. Sibonghanoy, 33 SCRA 29 [1968]; Crisostomo vs. Reyes, 32 SCRA 54 [1970]). A party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction (Filipinas Shell Petroleum Corp. vs. Dumlao, G.R. 44888, Feb. 7, 1992; Tijam vs. Sibonghanoy, 23 SCRA 29 citing Dean vs.

Dean, 136 Or. 694, 86, A.L.R. 79; Royales vs. IAC, 127 SCRA 470, 474 [1984]). A party's active participation in the proceedings before a court without jurisdiction will estop such party from assailing such lack of jurisdiction (Martinez vs. De la Merced, 174 SCRA 182, 189 [1989]; Tajonera vs. Lamoroza, 110 SCRA 438 [1981]; Nieta vs. Manila Banking Corp., 124 SCRA 455 [1983]; Garcia vs. CA, 202 SCRA 228, 240 [1991]; Echaus vs. Blanco, 179 SCRA 704, 705 [1989]). Thus, where the adverse party failed at several stages of the proceedings to raise lack of jurisdiction based on said fact and it was only after an adverse decision was rendered by the Court of Appeals that the party finally woke up to raise the question of jurisdiction, such conduct would cause injustice if the proceedings had were to be set aside (Vera vs. People, 31 SCRA 711 [1970]). Error of jurisdiction and error of judgment, distinguished. A line must be drawn between errors of judgment and errors of jurisdiction. An error of judgment is one which the court may commit in the exercise of its jurisdiction. An error of jurisdiction renders an order or judgment void or voidable. Errors of jurisdiction are reviewable on certiorari; errors of judgment, only by appeal (Cochingyan, Jr. vs. Cloribel, 76 SCRA 361, 386 [1977] citing Fernando vs. Vasquez, 31 SCRA 288 [1970]). (Back to top) Action Action, defined. An action means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right or the prosecution or redress of a

wrong (De Guzman, Jr. vs. CA, G.R. 92029-30, Dec. 20, 1990). Classification of actions. Actions are classified as follows: A. According to cause or foundation: (1) Personal action, one which is brought for the recovery of personal property, for the enforcement of some contract or recovery of damages for the commission of an injury to the person or property (Dial Corp. vs. Judge Soriano, G.R. 82330, May 31, 1988). Example: Action for damages. (2) Real action, one which is affecting title to real property or for the recovery of its possession, or for partition or condemnation of, or foreclosure of mortgage on real property (Hernandez vs. Rural Bank of Lucena, 81 SCRA 84 [1978]) or one founded on privity of real estate only (Paper Industries Corp. vs. Samson, L-30l73, Nov. 28, l975). Example: Accion interdictal (or ejectment) (3) Mixed action, one brought for protection or recovery of real property and also for an award for damages sustained (I Regalado, p. 21). Example: Accion publiciana (recovery of possession of real property) with damages. B. According to the place where instituted: (1) Transitory action, one in which the facts in issue between the parties have no necessary connection with a particular locality (Manila Railroad Co. vs. AttorneyGeneral, 20 Phil. 553). It is one which may be brought in the place of residence of the plaintiff or any of the plaintiffs, or the place of residence of the defendant or any of the defendants. Example: Breach of contract. (2) Local action, one which has to be instituted in a particular place independently of the places of residence of the parties (Moran, Comments on the Rules of Court, Vol.

1, (1981 ed.), p. 123 citing CJS 946-949). Example: Accion publiciana (or recovery of possession of real property). C. According to its object: (1) Action in rem, one directed against the thing or property or status of a person and seek judgment with respect thereto as against the whole world (Ching vs. CA, G.R. 5973l, Jan. 11, l989). An action in rem requires publication of the notice of the petition to bring in the whole world as party to the case and to vest the court with jurisdiction to hear and decide it (Calalang vs. Register of Deeds, G.R. 76265; De Leon vs. CA, G.R. 83280, Mar. 11, 1994). (2) Action in personam, one brought against a specific person on the basis of his personal liability (Dial Corp. vs. Judge Soriano, supra). An action in personam requires personal service of summons within the forum to acquire jurisdiction over the person of the defendant, who does not voluntarily submit himself to the authority of the court (Consolidated Plywood Ind., Inc. vs. Breva, 166 SCRA 589, 594 [1988] citing Pantaleon vs. Asuncion, 105 Phil. 765). (3) Action quasi in rem, one intended to exclude a nonresident defendant from any right or interest in property located in the Philippines (I Moran, p. 123 citing Perkins vs. Dizon, 69 Phil 186). A real action should not be confused with an action in rem. An action to recover a parcel of land is a real action but it is an action in personam, for it binds a particular individual only although it concerns the right to a tangible thing (Ching vs. CA, supra). D. According to its purpose:

(1) Civil action, one which is brought for protection or enforcement of a private right violated (see Sec. 3(a), Rule 1, Rules of Court). A civil action may either be ordinary or special. (2) Criminal action, one brought by the State to prosecute a person for an act or omission punishable by law (Sec. 3(b), Ibid.). What determines nature of action? The nature of the action filed in court is determined by the facts alleged in the complaint as constituting the cause of action and the character of the relief sought. The designation or caption is not controlling, more than the allegations in the complaint themselves are, for it is not even an indispensable part of the complaint (I Moran 126; Republic vs. Estenzo, G.R. 35512, Feb, 29, 1988; Sumulong vs. CA, 232 SCRA 372 [1994]). Moreover, the purpose of an action or suit and the law to govern it, including the period of prescription, is not to be determined by the claim of the party filing the action, made in his argument or brief, but rather by the complaint itself, its allegations and the prayer thereof (Vda. de Vega vs. CA, 199 SCRA 168, 176 [1991]; Rone vs. Claro, 91 Phil. 250). Cause of action, defined. A cause of action is an act or omission of one party in violation of the legal right or rights of the other (Sec. 2, Rule 3, Rules of Court; Rebolido vs. CA, G.R. 81123, Feb. 28, 1989). It is the fact or combination of facts which affords a party a right to judicial interference in his behalf (De Guzman vs CA, G.R. 92029, Dec. 20, 1990). Elements of cause of action. The essential elements of a cause of action are: (1) the legal right of the plaintiff; (2) the correlative obligation of the defendant to respect that right; and (3) an act or omission of

the defendant in violation of said legal right (DBP vs. Pundogar, 218 SCRA 118, 143 [1993]; Tantuico, Jr. vs. Republic, 204 SCRA 428 [1991]; Far East Marble (Phils.), Inc. vs. CA, 225 SCRA 249 [1993]; Madrona vs. Rosal, G.R. 39120, Nov. 21, 1991; Virata vs. Sandiganbayan, G.R. 86926; Mapa vs. Sandiganbayan, G.R. 86949, Oct. l5, l99l; Rebolido vs. CA, supra; De Guzman vs. CA, supra; Casenas vs. Rosales, l9 SCRA 462 [1967]; Remitere vs. Vda de Yulo, l6 SCRA 25l [1966]). Right of action, defined. A right of action is the remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him (I Regalado, p. 19). Right of action, distinguished from cause of action. The term 'right of action' is the right to commence and maintain an action. In the law on pleadings, right of action is distinguished from cause of action in that the former is a remedial right belonging to some persons to presently enforce a cause of action, while the latter is a formal statement of the operative facts that give rise to such remedial right. The former is a matter of right and depends on substantive law, while the latter is a matter of statement and is governed by the law of procedure (De Guzman vs. CA, supra; Phil-Am Gen. Ins. Co., Inc. Sweet Lines, 212 SCRA 194 [1992]). (Back to top) Venue Venue, defined. Venue has been defined as the place of trial or geographical location on which an action or proceeding should be

brought and not to the jurisdiction of the court (Manila Railroad Co. vs. Attorney-General, 20 Phil. 523, 558). It is the territorial limits within which judicial power is exercised over an action or special proceedings. Venue of real actions. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated (Sec. 1, Rule 4, Rules of Court). Venue of personal actions. All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff (Sec. 2, Ibid). Choice of venue. The choice of venue for personal actions is given to the plaintiff but not to the plaintiff's caprice because the matter is regulated by the Rules of Court (Clavecilla Radio System vs. Antillon, 19 SCRA 379 [1967]; Sulo ng Bayan vs. Gregorio Araneta, Inc., 72 SCRA 348 [1976]). The choice should be that place of residence of a principal party, not a mere nominal party. Venue of actions against non-residents. If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found (Sec. 3, Rule 4, Rules of Court).

When Rule not applicable. The Rules on venue shall not apply (a) in those cases where a specific rule or law provides otherwise; or (b) where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof (Sec. 4, Ibid). (Back to top)

PART B THE SHARI'A COURTS Origin of the Shari'a Courts 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 MacapagalArroyo 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." and Section 26 of the Judiciary Reorganization Act prescribes the qualifications of judges of the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts as follows: "No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial Court unless he is a naturalborn citizen of the Philippines, at least 30 years of age, and for at least five 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." Being of later legislation, RA 9054 has impliedly modified the Code of Muslim Personal Laws. Consequently, the qualifications of a judge of the Shari'a Circuit Court may be summed up as follows: (1) he must be a natural-born citizen of the Philippines; (2) at least 30 years of age; (3) for at least five 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; (4) has passed an examination in the Shari'a and Islamic jurisprudence given by the Supreme Court; and (5) must be of proven competence, integrity, probity and independence. Appointment and tenure.

Judges of the Shari'a Circuit Courts shall be appointed in the same manner as, and shall serve for a term as those of, judges of the Shari'a District Courts (Arts. 152 and 153, PD 1083). Compensation. Shari'a Circuit judges shall receive the same compensation and enjoy the same privileges as judges of the Municipal Circuit Courts (now Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial Court) (Art. 154, Ibid.). Rules of proceedings. The Shari'a Circuit Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate (Art. 158, Ibid.). The Special Rules of Procedure Governing the Shari'a Courts promulgated by the Supreme Court apply in the Shari'a Circuit Courts. 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; The offenses cognizable by the court are quite few, namely: (1) Illegal solemnization of marriage (Art. l8l, PD l083); (2) Marriage before expiration of 'idda (Art.l82, Ibid.); (3) Offenses relative to subsequent marriage, divorce, and revocation of divorce (Art. l83, Ibid.);

(4) Failure to report for registration (Art. l84, Ibid); (5) Neglect of duty by registrars (Art. l85, Ibid.). (2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 of the Code involving disputes relating to: (a) marriage; (b) divorce recognized under the Code; (c) betrothal or breach of contract to marry; (d) customary dower (mahr); (e) disposition and distribution of property upon divorce; (f) maintenance and support, and consolatory gifts (mut'a); and (g) restitution of marital rights. (3) All cases involving disputes relative to communal properties (Art. 155, Ibid.). In a case, it was held that the shari'a courts are not vested with original and exclusive jurisdiction when it comes to marriages celebrated under both civil and Muslim laws (Tamano vs. Ortiz, G.R. 126603, June 29, 1998). Qualifications of a Judge (Qadi) under Islamic Law. According to some fuqaha (scholars of fiqh), there are as many as about thirty conditions of eligibility for the office of qadi, whereas some fuqaha have reduced them to three. The requisite qualifications of a qadi are not specified in a single Qur'anic verse or hadith but are derived from inferences and deductions from such sources (Azad, Ghulam, Judicial System of Islam, (Pakistan), 1987, p. 9). The conditions for the office of the qadi may be summed up into the following: (1) The qadi must be eligible for performing general religious duties (kamal al-ahkam) such that he must be adult, sane and free;

(2) He must not be suffering from any physical deficiency (kamal al-khilqah), that is, the appointee should be of sound organs of speech, hearing and sight; (3) He must possess probity (adalah), hence a fasiq (profligate) is not competent for the office of qadi; and (4) He must be fully conversant with the Qur'an, the Sunna, Ijma, the different opinions of jurists, qiyas (juristic analogy) and the Arabic language. (Azad, Ibid., pp. 10-11 citing Ibn Qudamah. For a detailed discussion of the subject see Azad, Ibid., pp. 9-26). He who possesses this knowledge is considered learned in Islamic law and jurisprudence. (Back to top) -oOo-

COMMENTS ON THE SPECIAL RULES OF PROCEDURE GOVERNING THE SHARI'A COURTS Pursuant to the Constitution of the Philippines and Article 148 and 158 of Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines, and to achieve an expeditious and inexpensive determination of the cases referred to herein, the Court resolved to promulgate the following Rules of Procedure on the Shari'a Courts: Rule-making power of the Supreme Court. The 1987 Constitution of the Philippines provides, among other things, that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court (Sec. 5, Art. VIII, Const.). Limitations of the rule-making power. The rules that the Supreme Court may promulgate pursuant to such constitutional provision are subject to the following constitutional limitations: (1) that said rules must concern the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged; (2) that said rules

must be uniform for all courts of the same grade; and (3) that they must not diminish, increase, or modify substantive rights. It is worthy to note that a fourth limitation appearing in both the 1935 and 1973 Constitutions, i.e., the power of the legislature to repeal, alter, or supplement the rules promulgated by the Supreme Court, has been deleted in the new Constitution. Statutory basis of the special rules. Articles 148 and 158 of the Code of Muslim Personal Laws provides that the Shari'a district courts and Shari'a circuit courts "shall be governed by such special rules of procedure as the Supreme Court may promulgate." (Back to top)

PART I GENERAL PROCEDURES Section 1. Commencement of Actions (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. COMMENTS: Concept of civil action. A civil action is one by which one party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong (Sec. 3(a), Rule 1, Rules of Court). It is distinguished from a special proceeding which refers to a remedy by which a party seeks to establish a status, a right, or a particular fact (Sec. 3 (c), Ibid.). Parties to an action. The parties to a civil action are the plaintiff and the defendant. The term "plaintiff" may refer to the claiming party, the counterclaimant, the cross-claimant, or the third (fourth, etc.) -party plaintiff. The term "defendant" may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) -party defendant (Sec. 1, Rule 3, Rules of Court). In the Shari'a courts, the parties to an action are the mudda'i and the mudda'alai which the Special Rules translates to plaintiff and defendant, respectively. In Islamic procedural law, the terms "plaintiff" and "defendant" by which mudda'i and mudda'alai have been translated are misleading because the real mudda'i is not necessarily the party who first brings the action before the court (Alauya, Saaduddin, Islamic Procedure and Evidence, Mindanao Law Journal, Vol. 1, No. 1 (1986), pp. 39-40).

The mudda'i or plaintiff, is a person, who if he should voluntarily relinquish his claim, cannot be compelled to prosecute it; and the mudda'alai or defendant, is a person who, if he should wish to avoid the litigation is compelled to sustain it (Ibid, citing Hedaya). Parties in interest. Unless otherwise authorized by law or the Rules of Court, an action must be prosecuted and defended in the name of the real party in interest (Sec. 2, Rule 3, Rules of Court). A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit (Ibid.; Rebollido vs. CA, G.R. 81123, Feb. 28, 1989; Tanpingco vs. IAC, G.R. 76225, March 31, 1992). "Interest" within the meaning of the rule means material interest, an interest in issue to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest (Rebollido vs. CA, Ibid.). Classification of parties. Parties in interest are classified and defined as follows: a. Indispensable parties -- are those without whom no final determination can be had of an action (Sec. 7, Rule 3, Rules of Court; Bacar vs. Del Rosario, G.R. 51208, March 29, 1989). b. Necessary parties -- also known as "proper parties" are those who are not indispensable but who ought to be joined as parties if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action (Sec. 8, Ibid.; see also Quiombing vs. CA, G.R. 93010, Aug. 30, 1990). c. Representative parties -- are those acting in a fiduciary capacity, or allowed to sue or be sued in behalf of other persons such as the trustee of an express trust, a guardian,

executor, or administrator, or a party authorized by statute (Sec. 3, Rule 3, Rules of Court). d. Pro forma parties -- are those required to be joined as co-parties in suits by or against another party as may be provided by the applicable substantive law or procedural rule (I Regalado, (1997 ed.), p. 78 citing Sec. 4, Rule 3, Rules of Court). e. Quasi parties -- are those who are already represented in the suit, or who comes within the compass of the proceedings pendente lite (Menzi and Co. vs. Bastida, 63 Phil 30) or those in whose behalf a class or representative suit is brought (Sec. 12, Rule 3, Rules of Court). Who may be parties? Only natural or juridical persons or entities authorized by law may be parties to a civil action (Sec. 1, Ibid.). It is believed, however, that juridical persons may not be parties to an ordinary civil action before the Shari'a courts because their jurisdiction is limited to Muslims in the Philippines. A juridical person created under the laws of the Philippines cannot be classified as a Muslim within the context of PD 1083 even if the members thereof are all Muslims. The wife as a party. The wife may, independently of the husband, sue or be sued in the following cases: (a) when the litigation is between husband and wife; (b) if the suit concerns her exclusive property; (c) if the litigation is incidental to her profession, occupation or business; (d) if the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or (e) such other appropriate cases as may be allowed by the general principles of Islamic law and other laws (Art. 44, PD 1083). Minors and incompetents

as parties. A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem (Sec. 5, Rule 3, Rules of Court). Class suit. When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest (Sec. 12, Ibid.). Unknown defendant. Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accordingly (Sec. 14, Ibid.) in order to reflect his true name or identity. Indigent party. A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family (Sec. 21, Rule 3, Rules of Court). Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be

a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides (Ibid.). Association as party defendants. When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known. In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed (Sec. 15, Ibid.). This rule applies when the plaintiff has no means of ascertaining the names and addresses of the individuals composing the entity without juridical personality. If the plaintiff knows the names and addresses of such persons, he may sue them in their individual names. Unwilling co-plaintiff. If the consent of any party who should be joined as plaintiff can not be obtained, he may be made a defendant and the reason thereof shall be stated in the complaint (Sec. 10, Rule 3, Rules of Court). Permissive joinder of parties. All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may, except as otherwise provided in the Rules of Court, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest (Sec. 6, Ibid.).

Compulsory joinder of indispensable parties. Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants (Sec. 7, Ibid.). In other words, indispensable parties must perforce be joined as parties; otherwise the court cannot proceed with the action. Non-joinder of necessary parties. Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party. The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the rights of such necessary party (Sec. 9, Ibid.). Effect of misjoinder and non-joinder of parties. Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately (Sec. 11, Ibid.). Alternative defendants. Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief

against the other (Sec. 13, Ibid.). Thus, it has been held that three corporations may be joined alternatively as defendants in an action for wrongfully occupying plaintiff's waterfront of the property, where plaintiff is uncertain which defendant corporation owned the vessels kept in the premises (I Moran p. 209 citing Zenith Bathini Pavillion vs. Fair Oaks S.S. Corp, 211 App. Div. 492, 207, N.Y.S. 306). Copies of the complaint. The rules require that the complaint be prepared in at least three (3) copies. The original is intended for the records of the court, the second copy for the defendant, and the third for the file of the plaintiff. Where there is more than one defendant, the complaint should be prepared in as many copies as there are defendants plus two (2) copies. Commencement of an action. A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court (Sec. 5, Rule 1, Rules of Court). It is the delivery of the complaint to an officer of the court authorized to receive it which constitutes filing of the complaint. Where the complaint is filed by registered mail, it is the actual date of mailing that is considered as the date of filing. However, where the docket fee is subsequently paid, the date of such payment or the mailing of said amount thereof shall be considered as the date of filing of the complaint (Ago Timber Corp. vs. Ruiz, L23887, Dec. 26, l987). In Sun InSurance office, Ltd. vs. Asuncion, 170 SCRA 274, 279 (1989), the Supreme Court laid down the following rules, to wit:

1. It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed docket fee that vests a trial court with jurisdiction over the subject matter or nature of the action. Where the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period; 2. The same rule applies to permissive counterclaims, third-party claims and similar pleadings, which shall not be considered filed until and unless the filing fee prescribed therefor is paid. The court may also allow payment of said fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period; 3. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleading, or if specified the same has been left for determination by the court, the additional filing fee therefor shall constitute a lien on the judgment. It shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee (Cf. Manchester Dev't Corp. vs. CA, 149 SCRA 562 [1987]). In Montaner vs. Shari’a District Court, G.R. 174975, Jan. 20, 2009, the Supreme Court clarified that: “x x x If the party filing the case paid less than the correct amount for the docket fees because that was the amount assessed by the clerk of court, the responsibility of making a deficiency assessment

lies with the same clerk of court. In such a case, the lower court concerned will not automatically lose jurisdiction, because of a party’s reliance on the clerk of court’s insufficient assessment of the docket fees. As ‘every citizen has the right to assume and trust that a public officer charged by law with certain duties knows his duties and performs them in accordance with law,’ the party filing the case cannot be penalized with the clerk of court’s insufficient assessment. However, the party concerned will be required to pay the deficiency.” Complaint, by whom prepared. The complaint shall be prepared by the plaintiff (mudda'i) or his counsel (wakil) or by the clerk of court (Sec. 1, Special Rules). When the plaintiff is represented by an attorney of record, the complaint shall be signed by such attorney in his individual name, whose address shall be stated. Otherwise, the plaintiff shall sign his complaint even if the same has been prepared for him by the clerk of court. The latter can not sign the complaint because if he does so, he will then be acting as counsel (wakil) which the law prohibits. (Back to top) Section 2. Complaint. -- The complaint shall contain: 1. The title of the case, the case number assigned to it, and the date of filing; 2. The name and address of the plaintiff and/or his counsel, and the name and address of the defendant (mudda'alai); and 3. A concise statement of the cause of action and the relief prayed for. COMMENTS:

Complaint, defined. The complaint is a pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint (Sec. 3, Rule 6, Rules of Court). It is a kind of pleading which contains a written statement of the claims of the plaintiff submitted to the court for trial and judgment (see Sec. 1, Ibid.). Requisites of Complaint under Islamic Law. A complaint should contain all particulars and full description of the subject of the suit along with the cause of action and relief prayed for (Azad, op. cit., p. 76). A Muslim jurist laid down five conditions of a complaint namely: (1) The thing sued for be known; (2) If the defendant acknowledges the truthfulness of the plaint, a relief may be granted; (3) The plaint should not be vexatious; (4) The plaint must be brought with certainty of cause of action; and (5) The plaint should be such sort that good reason does not deny its truthfulness (Ibn Farhun, i126-130 cited in Azad, Ibid., p. 77). Ultimate facts and evidentiary facts, distinguished. The term "ultimate facts" are the important and substantial facts which either directly form the basis of the plaintiff's primary right and duty or directly make up the wrongful acts or omissions of the defendant (Alzua vs. Johnson, 21 Phil 309; E. Ganzon, Inc. vs. CA, G.R. 93696, June 17, 1992 [minute res.]). It means the essential facts constituting the plaintiff's cause of action. A fact is essential if it cannot be stricken out without leaving the statement of the cause of action insufficient (I Moran p. 258). On the other hand, evidentiary facts are those which go to prove the case. They may be essential at the trial, but not in

the pleading of a cause of action (Ibid. citing Corp. de PP. Augustinos Recoletos vs. Crisostomo, 32 Phil 427; Alzua vs. Johnson, 21 Phil 308). Cause of action, defined. A cause of action is the act or omission by which a party violates a right of another (Sec. 2, Rule 2, Rules of Court). Its essential elements are legal right of the plaintiff, correlative obligation of the defendant, and an act or omission of the defendant in violation of said legal rights (I Moran p. 125 citing Ma-ao Sugar Central Corp vs. Barrios, 79 Phil 666 and other cases. Mapa vs. Sandiganbayan, G.R. 86949, Oct. 15, 1991; Rebolido vs. CA, supra). Non-splitting of a single cause of action. A party may not institute more than one suit for a single cause of action (Sec. 3, Rule 2, Rules of Court). If two or more suits are brought for different parts of a single cause of action, the filing of the first may be pleaded in abatement of the other or others, in accordance with section 1(e) of Rule 16 of the Rules of Court, and a judgment upon the merits in any one is available as a bar in the others (Sec. 4, Ibid.). Considering that a motion to dismiss is disallowed under the Special Rules, the splitting of a single cause of action may be raised in the answer as an affirmative defense. Thus, if A obtained a loan from B secured by a mortgage on the former's building, the non-payment by A of the loan constitutes single cause of action, and B cannot split it up into two separate complaints, one for the payment of the loan and another for the foreclosure of the mortgage. If B does so, the filing of the first complaint for payment of the loan will bar the subsequent complaint for foreclosure (Bachrach Motor Corp. vs. Icarangal, 68 Phil. 287).

Joinder of causes of action. In the regular courts, the rule is that a party may, in one pleading assert, in the alternative or otherwise, as many cause of action as he may have against an opposing party subject to the following conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties; (b) The joinder shall not include special civil actions or actions governed by special rules; (c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction (Sec. 5, Rule 2, Rules of Court). The foregoing rules may, to a certain extent, be applied in the Shari'a courts. For this purpose, the term Regional Trial Court should be understood as the Shari'a District Court. Thus, if W, a divorced woman, has claims for support before the expiration of the prescribed 'idda and unpaid customary dower (mahr) against her divorced husband, she may, in one complaint, plead both claims for support and unpaid dower against the husband. But if the causes of action are for support and custody over a minor child, the action should be filed with the Shari'a District Court which has jurisdiction over an action for custody arising under the Muslim Code (Art. 143(a), PD l083). Parts of a complaint.

The parts of a complaint filed in the Shari'a courts, are laid down under Rule 7 of the Rules of Court. Accordingly, it must contain a caption, body, signature and address, verification, and certification. A. Caption. -- The caption sets forth the name of the court, the title of the action, and the docket number if assigned (Sec. 1, Rule 7, Rules of Court). The date of filing as required by Section 2 of the Special Rules of Procedure is shown by the date as appearing in the complaint when received by the court officer authorized to receive it for filing. The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. The respective participation of the parties in the case shall be indicated (Sec. 1, Ibid.). B. The body. -- The body of the complaint or pleading sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading (Sec. 2, Ibid.). (1) Paragraphs. The allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings. (2) Headings. When two or more causes of action are joined, the statement of the first shall be prefaced by the words "first cause of action", of the second by "second cause of action", and so on for the others (Sec. 2, Ibid.).

(3) Relief. The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable (Ibid.). (4) Date. Every pleading shall be dated (Ibid.) C. Signature and address.-- Every pleading including a complaint must be signed by the party or counsel representing him, stating in either case his address which should not be a post office box (Sec. 3, Ibid.). The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay (Ibid.). An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplimary action (Ibid.). D. Verification. -- A pleading is verified by an affidavit that the affiants has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, Ibid.). Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit (Ibid.). A pleading required to be verified which contains a verification based on "information and belief", or "upon knowledge, information and belief", or lacks a proper verification, shall be treated as an unsigned pleading (Ibid.).

E. Certification. -- The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed (Sec. 5, Ibid.). When verification required. As a rule, pleadings need not be verified unless so required by law or rule. Examples of pleadings that need verification are: (1) petition for certiorari; (2) petition for mandamus; (3) petition for prohibition; (4) petition for habeas corpus; (5) petition for change of name; and (6) petition for cancellation or correction of entries in the civil registry. Allegations in pleadings. Generally, every pleading (including a complaint) must contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts (Sec. 1, Rule 8, Rules of Court). If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated (Ibid.). Allegations of alternative

causes of action or defenses. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements (Sec. 2, Ibid.). Allegation of conditions precedent. In any pleading, a general averment of the performance or occurrence of all conditions precedent shall be sufficient (Sec. 3, Ibid.). Allegation of capacity to sue or be sued. A party's legal capacity must be averred by facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader's knowledge (Sec. 4, Ibid.). Allegation of fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally (Sec. 5, Ibid.). Allegation of judgment.

In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it (Sec. 6, Ibid.). Allegation when action or defense based on document. Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading (Sec. 7, Ibid.). Actionable document, defined. An actionable document is a written instrument or document upon which a party or pleader relies for his claim or defense. Allegation of official document or act. In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law (Sec. 9, Ibid.). Amendment of the complaint and other pleadings. Amendment of pleadings, including a complaint, is regulated by Rule 10 of the Rules of Court. As a general rule, pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the

most expeditious and inexpensive manner (Sec. 1, Rule 10, Ibid.). When amendments allowed as a matter of right. A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days after it is served (Sec. 2, Ibid.). Hence, the plaintiff may amend his complaint as a matter of right any time before the defendant files his answer to the complaint. Amendments by leave of court. Except as provided in the preceding paragraph, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Orders of the court upon the matters herein provided shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard (Sec. 3, Ibid.). Amendments should be liberally allowed, but this liberality at the outset of the action decreases as the case moves to its termination. Besides, an application for leave to amend is ordinarily addressed to the sound discretion of the trial court and as a rule this discretion will not be disturbed on appeal except in case of an evident abuse thereof (Peneyra vs. IAC, G.R. 68935, Jan. 22, l990). Formal amendments. A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party (Sec. 4, Ibid.). Filing of the amended pleadings.

When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed (Sec. 7, Ibid.). Amendments to a pleading should be indicated in the amended pleading, as by underscoring or underlining, enclosing them in quotation marks, italicization, putting them in capital letters, or in any other manner as would clearly exhibit such amendments. Effect of amended pleading. An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived (Sec. 8, Ibid.). When a pleading is amended, the original one is deemed abandoned. Hence, the amended pleading replaces the original one which no longer forms part of the record and the trial of the case is made on the basis of the amended pleading only (Paradise Sauna Massage Corp. vs. Ng, G.R. 66394, Feb. 5, l990). However, the filing of the amended pleading does not retroact to the date of the filing of the original, hence, the statute of limitations runs until the filing of the amendment (Ruymann vs. Dir. of Lands, 34 Phil 429). Matters subject of supplemental pleading. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of

the order admitting the supplemental pleading (Sec. 6, Rule 10, Rules of Court). The filing of the supplemental pleading does not replace the original one. Supplemental pleadings are meant to supply deficiencies in aid of the original pleading, and not to dispense with the latter (Shoemart, Inc. vs. CA, G.R. 86956, Oct. 1, 1990). Supplemental pleading and amended pleading, distinguished. Supplemental pleading is distinguished from amended pleading as follows: a. Supplemental pleading refers to facts arising after the filing of the original pleading; amended pleading refers to facts already existing at the time of the commencement of the action. b. Supplemental pleading is merely an addition to, but does not result in the withdrawal of, the original pleading; an amended pleading results in the withdrawal of the original pleading. c. A supplemental pleading can only be made with leave of court; an amended pleading can be made as of right, as when no responsive pleading has yet been filed (see I Regalado p. 117). (Back to top) Section 3. Service of Summons. -- Summons together with the copy of the complaint shall be served upon the defendant. COMMENTS: Summons, defined. Summons is a writ by which the defendant is notified of the action brought against him (Dultra vs. CFI, 70 SCRA 469).

Summons under Islamic Law. The issuance of summons and sending for the defendant is termed by al-Khassaf as al'-adwa wal i'ada (toiling in search of the defendant) and, relying upon the ruling of Abu Yusuf, he has opined that after the suit is instituted in the court of a qadi and the defendant is mentioned as residing in the same city, the qadi shall summon him and send with the plaintiff a bailiff who shall bring the defendant along with himself or cause him to appear in the court (Azad, Judicial System of Islam, p. 71). Purpose of summons. Service of summons is essential to the jurisdiction of the court. Jurisdiction over the person of the defendant in civil cases is acquired either by his voluntary appearance or by service of summons. The purpose of summons is to give notice to the defendant or respondent that an action has been commenced against him. The defendant or respondent is thus put on guard as to the demands of the plaintiff or petitioner (Paramount Ins. Corp. vs. Luna, G.R. 62404, Mar. l6, l987). Contents of summons. The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain: (a) the name of the court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by the Rules; (c) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons (Sec. 2, Rule 14, Rules of Court). No motion to declare defendant

in default in the Shari'a courts. In the Shari'a courts, a motion to declare defendant in default is disallowed (Sec. 13, Special Rules). Should the defendant fail to answer the complaint within ten (l0) days from service, the court shall proceed to receive the evidence ex parte upon which judgment shall be rendered (Sec. 5, Ibid.). Hence, the summons to be issued by the Shari'a courts should be modified accordingly. Summons, by whom served. The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by any suitable person authorized by the court issuing the summons (Sec. 3, Rule l4, Rules of Court). When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose (Sec. 9, Ibid.). Issuance of alias summons. If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within five (5) days therefrom. In such a case, or if the summons has been lost, the clerk, on demand of the plaintiff, may issue an alias summons (Sec. 5, Ibid.). Modes of service of summons. The modes of service of summons are as follows: a. By service in person. -- Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him (Sec. 6, Ibid.).

b. By substituted service. -- If, for justifiable causes, the defendant cannot be served in person within a reasonable time, service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof (Sec. 7, Ibid.). c. By publication. -- In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order (Sec. 14, Ibid.). d. By extraterritorial service. -- When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section 6 of Rule 14 of the Rules of Court; or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer (Sec. 15, Ibid.).

When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines by extraterritorial service (Sec. 16, Ibid.). Newspaper of general circulation, defined. It is one which is published for the dissemination of local news and general information, has a bona fide subscription list of subscribers, is published at regular intervals and is not published for or devoted to the interest of a particular group of persons (Basa vs. Mercado, 6l Phil 632). Return of summons. When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service (Sec. 4, Rule 14, Rules of Court). Summons, how served upon certain defendants. Summons is served upon: a. Entity without juridical personality. -- by serving any of the persons associated in the entity without juridical personality, or upon the person in charge of the office or place of business maintained in the name of such entity, and such service shall have the effect of service upon all such persons (see Sec 8, Rule 14, Rules of Court). But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was brought (Ibid.). b. Minor or incompetent. -- by serving the minor or incompetent personally and on his legal guardian if he has

one, or if none, upon his guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service may also be made on his father or mother (Sec. 10, Ibid.). c. Prisoners. -- by serving upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose (Sec. 9, Ibid.). d. Domestic private juridical entity. -- by serving on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel (Sec. 11, Ibid.). e. Foreign private juridical entity. -- by serving on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines (Sec. 12, Ibid.). If the foreign private juridical entity is not registered in the Philippines or has no resident agent, service may, with leave of court, be effected out of the Philippines through any of the following means: (1) By personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs; (2) By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant; (3) By facsimile or any recognized electronic means that could generate proof of service; (4) By such other means as the court may in its discretion direct (Sec. 12, Ibid. as amended by A.M. No. 11-3-6-SC, March 15, 2011). f. Public corporation. -- by serving on the Solicitor General; in case of a province, city or municipality, or like public corporations, service may be effected on its

executive head, or on such other officer or officers as the law or the court may direct (Sec. 13, Ibid.). Proof of service of summons. The proof of service of summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his deputy (Sec. 18, Ibid.). If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached, and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last known address (Sec. 19, Ibid.). Voluntary appearance. The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance (Sec. 20, Ibid.). The filing of a motion to dismiss without assailing the jurisdiction of the court constitutes voluntary appearance. So, too, the filing of an answer (Paramount Ins. Corp vs. Luna, G.R. 62404, Mar. 16, 1987) or of a motion for extension of time to file answer constitutes voluntary appearance (Busuego vs. CA, 151 SCRA 376 [1987]). Effect of voluntary appearance. A voluntary appearance is a waiver of the necessity of formal notice, that is, service of summons. An apperance in whatever form without explicitly objecting to the

jurisdiction of the court over the person is a submission to the jurisdiction of the court over the person (Busuego vs. CA, Ibid.). It cures the defects of the summons, if any (Republic vs. Ker & Co. Ltd., 18 SCRA 207, 213 [196]). (Back to top) Section 4. Answer. -- The defendant shall file an answer within ten (l0) days from receipt of the summons either personally or by counsel, or with the assistance of the clerk of court. COMMENTS: Answer, defined. An answer is a pleading in which a defending party sets forth his defenses (Sec. 4, Rule 6, Rules of Court) which may be negative and/or affirmative defenses. Kinds of defenses. The two (2) kinds of defenses are: (a) Negative defense -- is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action (Sec. 5, Ibid.). (b) Affirmative defense -- is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance (Ibid.). Kinds of denial. The three kinds of denial are:

a. Absolute denial -- is a specific denial of a material allegation of fact and setting forth the substance of the matters relied upon to support the denial. b. Qualified denial -- is a denial of only a part of the averment and admitting the remainder. c. Plain denial -- is a denial where the pleader states that he has no knowledge or information sufficient to form a belief as to the truth of a material averment. How to allege specific denial. A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint he shall so state, and this shall have the effect of a denial (Sec. 10, Ibid.). How to contest genuineness of actionable document. When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but this rule does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused (Sec. 8, Ibid.; Yao Ka Sin Trading vs. CA, G.R. 53820, June 15, 1992). Period to file and

serve answer. The defendant's answer shall be filed with the court and served upon the plaintiff within ten (l0) days from receipt of the summons (Sec. 4, Special Rules). A motion for extension of time to file answer is not allowed (Sec. l3, Ibid.). As defendant cannot be declared in default, it is believed that an answer filed beyond the reglementary period may still be admitted by the court. Answer, by whom prepared. The defendant's answer may be prepared by the defendant personally or by his counsel, or with the assistance of the clerk of court (Sec. 4, Ibid.). However, where the plaintiff's complaint has been prepared by the clerk of court, it is believed that the latter should inhibit himself from assisting the defendant in preparing the answer. Counter-claim and cross-claim in the answer. A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be contained in the answer (Sec. 8, Rule 11, Rules of Court). When a counterclaim or a cross-claim either matured or was acquired by the defending party after serving his answer, he may, with the permission of the court, present the same as a counterclaim or cross-claim by supplemental pleading before judgment (see Sec. 9, Ibid.). When he fails to set up a counterclaim or cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment (Sec. 10, Ibid.). Counter-claim, defined. A counterclaim is any claim which a defending party may have against an opposing party (Sec. 6, Rule 6, Ibid.).

Cross-claim, defined. A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that a party against whom it is asserted is, or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant (Sec. 8, Ibid.). Kinds of counterclaim. Counterclaims are classified and distinguished as follows: a. Compulsory counterclaim -- is one which arises out of and is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim (United Coconut Planter's Bank vs. IAC, G.R. 72664-65, March 20, l990). This also known as "recoupment" (Lopez vs. Gloria, 40 Phil 26). b. Permissive counter-claim -- is one which does not arise out of, nor is it necessarily connected with the subject matter of the opposing party's claim (Int'l Container Terminal Services, Inc. vs. CA, 214 SCRA 456, 463 [1992]). This is also known as "set off" (Lopez v. Gloria, 40 Phil. 26). Counterclaim, bringing new parties. The general rule that, 'a defendant cannot by counterclaim bring into the action any claim against persons other than the plaintiff' admits of an exception under Sec. l2, Rule 6 of the Rules of Court which provides that "when the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained (Sapugay vs. CA, G.R. 86792, Mar. 21, 1990).

Cross-claim is compulsory. A cross-claim is always compulsory as it must arise out of the transaction or occurrence that is the subject matter of either of the original action or of a counterclaim therein. When the cross-claim is not connected with such transaction or occurrence, it can not be raised in the pleading. Hence, the cross-claim must perforce be raised in the answer; otherwise it shall be barred. Answer to the counter-claim or cross-claim. When a pleading raises a counterclaim or cross-claim, it must be answered within ten (l0) days from the service of the pleading raising the counterclaim or cross-claim (Sec. 4, Rule 11, Rules of Court). But a counterclaim or crossclaim need not be answered if it is based on and inseparable from the very defense raised by the opposing party as it will merely result in said opposing party pleading the same facts already raised in his former pleading (I Regalado, (1988 ed.), p. 92 citing Navarro vs. Bello, 54 O.G. 6488). Reply to the answer. When the defendant raises an affirmative defense or defenses, the plaintiff need not file a reply because it is disallowed by Section 13 of the Special Rules and all the new matters alleged in the answer constituting the affirmative defenses are deemed controverted (Sec. 11, Rule 11, Rules of Court). Reply, defined. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters (Sec. 9, Rule 6, Ibid.). Allegations not specifically denied deemed admitted.

Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury to recover usurious interest are deemed admitted if not denied under oath (Sec. 11, Rule 8, Ibid.). Defenses and objections not pleaded deemed waived. Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim (Sec. 1, Rule 9, Ibid.). Whenever it appears that the court has no jurisdiction over the subject matter, it shall dismiss the action (Al-Awadhi vs. Astih, G.R. 8l969, Sept. 26, l988). In the Shari'a courts, considering that a motion to dismiss is disallowed, defenses and objections which constitute grounds for a motion to dismiss should be pleaded as affirmative defenses (Sec. 5, Rule l6, Ibid.), or else they are deemed waived (Sec. 2, Rule 9, Ibid.). Filing, defined. Filing is the act of presenting the pleading or other paper to the clerk of court (Sec. 2, Rule 13, Ibid.). Service, defined. Service is the act of providing a party with a copy of the pleading or paper concerned. If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. Where one counsel appears for

several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side (Ibid.). Manner of filing answer. The filing of the answer with the court shall be made by filing it personally with the clerk of the court or by sending it by registered mail. In the first case, the clerk shall endorse on the pleading the date and hour of filing. In the second case, the date of the mailing of the answer, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of its filing in court. The envelope shall be attached to the record of the case (Sec. 1, Rule 13, Ibid.). A copy of the answer should be served upon the adverse party before the answer is filed with the court. Parenthetically, the rules on filing and service of the answer apply to all other pleadings, appearances, motions, notices, orders, judgments, and other papers (Ibid.). Papers required to be filed and served. Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer or judgment or similar papers shall be filed with the court, and served upon the parties affected (Sec. 4, Ibid.). Notably, the complaint and other initiatory pleadings need not be served by the pleader to the adverse party unless the Rules specifically require. Modes of service. Service of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or by mail (Sec. 3, Ibid.). Service of pleading may also be effected by substituted service (Sec. 6, Ibid.). a. Personal service. -- Service of the papers may be made by delivering personally a copy to the party or his attorney,

or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or attorney's residence, if known, with a person of sufficient discretion to receive the same (Sec. 4, Ibid.). b. Service by mail.-- If service is not made personally, service by registered mail shall be required if registry service exists in the locality; otherwise, service may be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered (Sec. 5, Ibid.) c. Substituted service. -- If service cannot be made either personally or by mail, the office and place of residence of the party or his attorney being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery (Sec. 6, Ibid.). Priorities in modes of service. Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes of service must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be a cause to consider the paper as not filed (Sec. 11, Ibid.). Completeness of service.

Personal service is complete upon delivery. Service by ordinary mail is complete upon the expiration of five (5) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee; but if he fails to claim his mail from the post office within five (5) days from the date of first notice of the postmaster, service shall take effect at the expiration of such time (Sec. 8, Ibid.). Proof of service. Proof of personal service shall consist of a written admission of the party served, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 5 of Rule 13 of the Rules of Court of the Philippines. If service is made by registered mail, proof shall be made by such affidavit and the receipt issued by the mailing office. The registry return card shall be filed immediately upon receipt thereof by the sender, or in lieu thereof the letter unclaimed together with the certified or sworn copy of the notice given by the postmaster to the addressee (Sec. 10, Ibid.). (Back to top) Section 5. Failure to Answer. -- Should the defendant fail to answer the complaint within ten (l0) days from service, the court shall proceed to receive the evidence ex parte upon which judgment shall be renderedy. COMMENTS: Ex parte judgment in Islamic law. Islamic adjective law requires that, whenever a party appears before a qadi (judge) praying for judgment, he ought summon the defendant (Azad, Ghulam, Judicial

System in Islam, p.71). If despite summons, the defendant does not appear, the qadi shall record the evidence produced by the plaintiff and after apprecition of the evidence pass an ex parte judgment (Azad, Ibid., p. 75 citing Husam al-Din, K. Sharh Adab al-Qadi, II, 303-342). Declaration of default is disallowed. In the regular courts, the defendant who did not file an answer may, on motion of the plaintiff with notice to the defendant, be declared in default upon proof of such failure to answer. Such declaration deprives the defendant of his right to take part in the trial though he shall be entitled to notice of subsequent proceedings (Sec. 3, Rule 9, Rules of Court). In the Shari'a courts, when the defendant fails to file and serve an answer within the reglementary period, he can not be declared in default either motu proprio, or on motion of the plaintiff. The Special Rules disallow the filing of a motion to declare defendant in default. In addition, in the Shari'a courts, the defendant does not lose his personality in the action for failure to file an answer. He may, at any time, appear before judgment to protect his rights. This is one feature of Islamic procedure that keeps open the door for the defendant to participate in the proceedings before judgment is rendered against him (Rasul, J., Commentaries on Special Rules of Procedure in Shari'a Courts, CLBPI, (l984), Quezon City, p. 50). As such, consistent with the procedural rule in the regular courts, the non-answering defendant shall be entitled to notice of subsequent proceedings. Manner of reception of evidence.

A problem arises regarding the manner of receiving ex parte the plaintiff's testimonial evidence. Are the witnesses required to appear personally in court to testify? Or may their testimony be reduced in affidavit form and submitted to the Court? It is believed that the manner of receiving such evidence rests with the sound discretion of the court. But as a matter of precaution, if such evidence is received in the form of affidavit, the witnesses should be required to affirm personally their statements in open court. Remedies of a non-answering defendant. The remedies of a non-answering defendant are: (1) Motion for leave to file answer. -- Before the rendition of judgment, he may ask the court by motion to file an answer to the complaint attaching in said motion the answer he intends to file; or (2) Motion for new trial. -- he may, if judgment has already been rendered but before it becomes final and executory, file a motion for new trial under Rule 37 of the Rules of Court (Leyte vs. Cusi, Jr., 152 SCRA 496, 498 [1987]) attaching therein the affidavits of merits (see PCIB vs. Ortiz, 150 SCRA 380, 390 [1987]); Yap vs. Tañada, G.R. 32917, July 18, 1988); or (3) Appeal. -- he may, if judgment has already been rendered but before it becomes final and executory, appeal from such judgment as contrary to the evidence or to the law (Sec. 9, Special Rules); or (4) Petition for relief. -- he may, if he fails to avail himself of the remedy of appeal and the judgment has become final and executory, file a petition for relief in the court that rendered the judgment (Sec. 1, Rule 38, Rules of Court;

LCC Corp. vs. Faroles, 128 SCRA 650 [1984]; Flora vs. Pajarillaga, 95 SCRA 100 [1980]); or (5) Petition for annulment of judgment. -- if he fails to avail of the petition for relief, he may file in the appropriate court, if warranted, a petition for annulment of judgment on the ground of lack of jurisdiction (see Art. 1144, par. 3, Civil Code; Calimlim vs. Ramirez, 118 SCRA 399 [1982]) or extrinsic fraud (Sec. 2, Rule 47; Sumaoang vs. Judge, RTC, Br. XXXI, Guimba, Nueva Ecija, 215 SCRA 136, 143 [1992]; Montinola vs. Gonzales, 178 SCRA 677 [1989]). (Back to top) Section 6. Pre-Trial. -- (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 (sulkh), the court shall clarify and define the issues of the case which shall be set forth in a pre-trial order. COMMENTS: Pre-trial, defined. Pre-trial conference is a procedural device used prior to trial to narrow issues to be tried, to secure stipulations as to matters and evidence to be heard, and to take all other steps necessary to aid in the disposition of the case (Black’s Law Dictionary, 6th ed., p. 1187). Purpose of pre-trial conference. The purpose of the pre-trial conference, according to the above section, is two-fold: firstly, to work out for an amicable settlement of the action; and secondly, if amicable settlement can not be arrived at, to define and clarify the issues in the case.

This notwithstanding, it is believed that Section 2, Rule 18 of the Rules of Court still applies. Hence, the following may also be considered during the pre-trial conference in order to expedite the disposition of the action, to wit: (a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; (b) The simplification of the issues; (c) The necessity or desirability of amendments to the pleadings; (d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; (e) The limitation of the number of witnesses; (f) The advisability of a preliminary reference of issues to a commissioner; (g) The propriety of rendering judgment on the pleadings, or of dismissing the action should a valid ground therefor be found to exist; (h) The advisability or necessity of suspending the proceedings; and (i) Such other matters as may aid in the prompt disposition of the action. Notice of pre-trial. The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him (Sec. 3, Rule 18, Rules of Court; see Taroma vs. Sayo, 67 SCRA 508 [1975] Service Specialists, Inc. vs. Sheriff of Manila, 145 SCRA 139 [1986]). Appearance of parties.

It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents (Sec. 4, Ibid.). Effect of plaintiff's failure to appear. The failure of the plaintiff to appear in the pre-trial conference shall be cause for dismissal of his action. The dismissal shall be with prejudice, unless otherwise ordered by the court. (Sec. 5, Ibid.). Effect of defendant's failure to appear. A similar failure on the part of the defendant shall be cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof (Sec. 5, Ibid.). In a case involving a similar rule under the Rule on Summary Procedure, it was held that since the defendant did file an answer to the complaint, the trial court could not declare him in default despite his absence in the pre-trial conference because a motion to declare defendant in default is a prohibited pleading. The procedure under such situation is for the court to issue a 'preliminary conference order' defining the issues in the case and thereafter the parties should submit their position papers, the sworn statements of their witnesses and other evidence (Lesaca vs. CA, 215 SCRA 17, 20 [1992]). It is believed that the foregoing ruling of the high court may be applied to the shari'a courts.

Record of pre-trial results. The proceedings in the pre-trial shall be recorded. Upon the termination thereof, the court shall issue an order which shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered. Should the action proceed to trial, the order shall explicitly define and limit the issues to be tried. The contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice (Sec. 7, Rule 18, Rules of Court). The delimitation of issues at a pre-trial conference as contained in the order of the court bars the consideration of other questions on appeal. Such an order controls the subsequent course of the action, unless modified before trial to prevent manifest injustice. One of the objectives of pre-trial procedure is to take trial of cases out of the realm of surprise and maneuvering (I Moran p. 548). (Back to top) (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. COMMENTS: Necessity of clarifying and defining the issues. During the pre-trial conference, the court must perforce clarify and define the issues if the parties fail to arrive at an amicable settlement, which shall be set forth in a pre-trial order. It is on the bases of such issues so clarified and

defined that the statements of witnesses and other evidence shall be submitted to the court. The memoranda of the parties shall, in turn, be based on such issues and evidence relied upon. Submission of evidence and memoranda. The parties or counsels are required to submit to the court, within ten days from receipt of the pre-trial order, 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 (Sec. 6(2), Special Rules). Statements of witnesses. Even as the provision does not so provide, the statements of witnesses should be in written form and under oath. The statements of witnesses serve as their testimonies upon which judgment may be based, among other things, by the court when it finds that a formal hearing is not necessary (Sec. 6(3), Special Rules). If hearing is necessary, such statement submitted by the parties at the pre-trial shall constitute the direct testimony of the witnesses as basis for cross-examination (Sec. 7(3), Ibid.). Other evidence, concept of. Under the above section, it would seem that there are two (2) classes of evidence under Islamic law, i.e., statements of witnesses and other evidence. On this basis, it follows that all other evidences not classified among the first are classified as other evidence (bayyina) and it includes documentary and object evidences. Yet, this is not at all the case. Under Islamic Procedural law, there are four ways of proving a cause of action or establishing facts as follows: (a) admission or confession (al-iqrar); (2) testimonial evidence (shuhud); (3) oath

(yamin); and (4) other evidence (bayyina) (Alauya, op. cit. p. 44). In fact, some jurists consider circumstantial evidence (qara'in) as an acceptable means of proof in the absence of others (El-Awa Mohammad S., Punishment in Islamic Law, American Trust Publications (Indianapolis), l982, p. l30). But circumstantial evidence will only be acted upon if it is of a conclusive nature (qatia'tun) (Rahim, Abdul, Principles of Muhammadan Jurisprudence, Indus Publishers, (Lahore), l911, p. 38l). (Back to top) (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 (l5) days from the submission of the case for decision. COMMENTS: Period for rendition of judgment. Under this paragraph, judgment shall be rendered by the Shari'a court within fifteen (l5) days from the submission of the case for decision. The question is when shall the case be deemed submitted for decision? Under the Constitution, a case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself (Sec. l5(2), Art. VIII). Hence, it is believed that judgment shall be rendered within fifteen (l5) days from the filing of the memoranda of the parties together with the statements of witnesses and other evidence. Section 7. Hearing or Trial. -- (1) The plaintiff (mudda'i) has the burden of proof, and the taking of an oath (yamin) rests upon the defendant (mudda'alai). 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. COMMENTS: Basis of the rule. This procedure is new in Philippine procedural law. It is based on the prophetic tradition which states that "[E]vidence is incumbent on the part of the claimant (mudda'i) and an oath (yamin) is on the part of one who denies" (Sunan al-Bayhaqi, viii 177 cited in Anwarullah, Islamic Law on Evidence,p. 5). Burden of proof under this rule. The plaintiff (mudda'i) has the burden of proof, and the taking of an oath (yamin) rests upon the defendant (mudda'alai) (Ibn Majah, Al-Sunan (Urdu translation, ii, 43, cited in Anwarullah, Ibid., p. 74). Thus, if the plaintiff is unable to produce any proof, oath will be administered on the defendant and if he takes the oath, decree will be given in his favour, and if he refuses to take the oath, then the plaintiff will be asked to take the oath, and if he (the plaintiff) takes the oath, the claim against the defendant will stand proved except in hadd and qisas (Al-Nawawi, Minhaj al Talibin, 142 cited in Anwarullah, Ibid.). Oath (yamin), defined. An oath is an invocation of the name of God or of some person or object held sacred by the person using the invocation, to witness the truth of a solemn affirmation and to emphasize that affirmation (Ali, Yusuf, The Holy

Qur'an: Text, Translation and Commentary, Amana Corp. (Maryland), l983, p. l784). Concept of oath (yamin). Oath or the refusal of the oath is one of the grounds of judgment (Art. l742, The Mejelle as translated by C.R. Tyser, et al., a complete code on Islamic Civil Law). Oath, as understood in this section, refers to one of the methods of proving an allegation and should not be confused with the so-called procedural oath which is required of a witness before taking the witness stand "to tell the truth and nothing but the whole truth". Neither does it refer to the suppletory oath administered to the witness by the judge saying "I will accept your evidence, if you swear to its truth, if not, I will not accept it" upon demand of the person against whom the testimonial evidence is given (Art. l727, Ibid.). Form of oath (yamin) When the oath is about to be administered to one of the two litigants the oath is taken in the name of God the highest, saying "wa 'llahe" or "bi llahi" (Art. l743, Ibid.). There is no hard fast rule in the form of the decisive oath that a party may take. In Tampar vs. Usman, G.R. 82077. August l6, l99l, the defendant who was challenged by the plaintiff who lacks evidence to take the oath (yamin) took the oath in the following form: "I, Esmael Usman, swear in the name of Allah, Most Gracious, Most Merciful and upon the Holy Qur'an, that I bought the land in question from the plaintiffs; that I have not forged or falsified the signatures of the plaintiffs; and that God will curse me if I am not telling the truth". It must be noted that the invocation of the name of God is essential for the validity of the oath.

By whom oath is administered. An oath may be administered upon any of the parties who are Muslims by order of the court (Sec. l3 (a), Special Rules). The court may order any competent Muslim, preferably an Imam (the person who leads in salaat or prayer) to administer the oath upon the parties. In any case, the oath should be administered in the presence of the judge or his representative (The Mejelle, op, cit., p. 307). The refusal of the oath in the presence of another person is not considered. If upon the demand of his opponent immediately, without the oath being offered by the judge, the defendant takes the oath, it is not considered good. The oath must be administered by the judge again (Arts. l744 & l747, Ibid.). One oath for several claims. When different claims are brought together in one complaint, one oath is enough for all the different claims; it is not necessary that an oath should be taken in each one separately (Art. l750, Ibid.) Oath (yamin), when necessary. The plaintiff, having the burden of proof, may prove his allegations by the introduction of evidence. If he has no evidence, the defendant, upon whom the taking of the oath rests, shall take an oath (yamin) and judgment shall be rendered in his (defendant) favor. The defendant, however, may refuse to take an oath and challenge the plaintiff to take the oath, in which case the burden of proof is shifted back to the plaintiff. It thus becomes incumbent upon the plaintiff to prove his allegations, not by the introduction of evidence, but by the process of taking the oath (yamin). It is in this sense that oath is a means of proving an allegation. If the plaintiff refuses to take the oath in affirmation of his claim, the case shall be dismissed.

Rule, compared with civil procedure. In Islamic procedure, the absence of evidence in favor of the plaintiff does not result to the dismissal of the case. Judgment may still be rendered in favor of the plaintiff if the defendant refuses to take the oath and the plaintiff affirms his claim under oath. In civil procedure, when plaintiff has no sufficient evidence to prove his claim, his complaint shall be dismissed. A problem arises when the plaintiff has no evidence to prove his claim, but the defendant offers evidence to prove his denial of the claim instead of taking the oath. May such defendant be allowed to introduce evidence? It is the humble submission of the author that the defendant should not be allowed to introduce evidence in lieu of the prescribed oath. The rule is explicit that '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' (Sec. 7, Special Rules). (Back to top) (2) If the defendant admits the claim of the plaintiff, judgment shall be rendered in his favor by the court without further receiving evidence. COMMENTS: Concept of admission (iqrar). The term iqrar means admission or confession (Alauya, Op. cit., p. 44; El-Awa, Op. cit., p. l2l7), or acknowledgement (Rahim, supra, p. 405). Admission means a statement made by a person acknowledging the right of another person upon himself (Dr. Anwarullah citing Ibn Abidin, Radd al-Mundar, iv 498).

Iqrar is for someone to admit the right of another against himself (The Mejelle, op. cit., Art. l572, p. 263). In civil cases, it is the strongest evidence to prove a cause of action (Alauya, p. 44) and in criminal cases, it is an alternative proof for the establishment of guilt (El-Awa, op. cit.). Admission in civil law. Admission, in the law of evidence, has been defined as a voluntary acknowledgement, confession, or assent of the existence of the truth of certain facts by a party to the action (5 Martin p. 208, citing the Chamberlayne Trial Evidence, p. 440). It is a statement by a party or someone identified with him in legal interest of the existence of fact which is relevant to the cause of his adversary (Ibid. citing 3l C.J.S. l022). Admission in Islamic law When a man testifies against himself in support of a claim made against him, it is called admission. (Rahim, supra, p. 376). The Court generally accepts an admission without requiring any further proof from the claimant. An admission must, however, be unconditional, and it must be voluntary, so that if obtained by coercion it is not binding nor if made in jest. Similarly, if the fact admitted is contradicted by apparent and obvious circumstances of the person making the admission, it will not be accepted (Rahim, Ibid., p. 382). Classification of admission. In civil law, admissions are generally divided into two classes: (a) Judicial, or those made on the record, or in connection with the judicial proceedings in which it is offered; (b) Extrajudicial, or those made elsewhere, irrespective of time, place, or to whom made (The Chamberlayne Trial

Evidence, p. 442 cited in 5 Martin p. 208 and Apostol, Essentials of Evidence, p. l47). Admission as proof. Any statement made by a party to an action which is against his own interest and which, in its nature, tends to establish or disprove any material fact, or alleged material fact, is admissible in the case or action (Caswell vs. Mapplewood Garage, N.H. 24l, l49 A. 746, 73 ALR 433). In Islamic law an admission made in court, or even out of court if two competent witnesses testify thereto, is final and irrevocable in all cases in which human rights predominate (huquq adamiya), and judgment may immediately be given accordingly, even in homicide cases (Anderson, Islamic Law in Africa, p. 365). Admission contemplated in the rule. The kind of admission contemplated in Section 7 (2) of the Special Rules that would enable the court to render judgment without further receiving evidence is 'judicial admission'. A judicial admission by a party forecloses the matter admitted from further debate, and concludes it against the party as though there has been a peremptory judicial ruling to that effect. It is in this wise that makes admission or confession the strongest evidence to prove a cause. An extrajudicial admission, whether express or implied, made by a party does not conclude the matter as against such party, but is merely evidence which in civil law has to be introduced in the trial by testimony. In Islamic law, an out of court admission must be proven by the testimony of two competent witnesses (see Anderson, Islamic Law in Africa, p. 365). Conditions for admission

under Islamic Law. The following are the conditions for the validity of admission or confession: (1) The person who admits or confesses must be adult and sane; (2) The confession or admission must be explicit as to the commission of the crime or violation of a right; (3) The person who admits or confesses must be capable of self-expression; and (4) The confession or admission must be with free consent without any pressure or compulsion (Dr. Anwarullah, op. cit., pp. 43-44). Effect of judicial admission. If the defendant admits the claim of the plaintiff, judgment shall be rendered in favor of the latter without further receiving evidence (Sec. 7(2), Special Rules). Period for rendition of judgment. The judgment under this subsection should be rendered within fifteen (l5) days from the disposition of the case. As to the meaning of the term "disposition of the case", the Special Rules is silent. Considering that the admission is made during the hearing or trial, it is believed that the fifteen-day period shall be reckoned from the day the admission is made. (Back to top) (3) If the defendant desires to offer defense, the party against whom judgment would be given on the pleadings and admission 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 testimony of the witnesses as basis for cross-examination. COMMENTS: Burden of proof, defined. Burden of proof or onus probandi is meant the obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action, to establish its proof (5 Martin 435 citing Jones on Evidence, 2nd ed., 855). It is the obligation imposed by law on a party to the litigation to persuade the court that he is entitled to relief. If no evidence is presented on a particular issue, the party having the burden of proof as to that issue will lose the litigation (Martin, Ibid. citing Gilbert Law Summaries on Evidence, p. 73). Burden of proof. If the defendant desires to offer defense, or when the plaintiff has evidence to prove his claim, the party against whom judgment would be given on the pleadings and admission made, if no evidence was submitted, shall have the burden of proof. In other words, the plaintiff, or the party suing, is not necessarily the person who has the burden of proof or onus probandi. It is a matter for the judge on the basis of the pleadings and admission made to determine who has the burden of proof (Alauya, op. cit.). When the defendant raises in the answer a counterclaim or cross-claim, the burden of proof lies on him only with respect to such counterclaim or cross-claim. Trial on the merits. When the plaintiff has evidence to prove his claim, and the defendant desires to offer defense, trial on the merits becomes necessary. The parties then will prove their respective claims and defenses by the introduction of testimonial (shuhud) and other evidence (bayyina). The

statements of witnesses submitted at the pre-trial by the parties shall constitute the direct testimony as the basis for cross-examination. Non-presentation of witness. Where a witness whose statement was submitted at the pretrial can not be presented in court for cross-examination, his statement shall be inadmissible. A sworn statement is not admissible in evidence where affiant was not presented in court and there was absence of opportunity by the adverse party to cross-examine affiant (People vs. Pansuelo, 105 SCRA 226). By way of parenthesis, it is markworthy that under Islamic law a person cannot be both plaintiff and witness (The Mejelle, Art. l703, op. cit., p. 298). Therefore, the evidence of the guardian for the infant and of the agent for his principal is not good (Ibid.). Order of trial. First, the plaintiff (mudda'i) must produce evidence on his part; if he has no evidence, the burden of proof is shifted to the defendant who may take the oath and judgment shall be rendered in his favor. Should the defendant refuse to take the oath, the plaintiff must affirm his claim under oath in which case judgment shall be in favor of the plaintiff. Should the plaintiff refuse to affirm his claim under oath, the case shall be dismissed (Sec. 7(l), Special Rules). Second, if after the introduction of plaintiff's evidence, or even before it, the defendant admits the claim in open court judgment shall be rendered in favor of the plaintiff without receiving further evidence (Sec. 7(2), Ibid.). Third, if the defendant does not admit the claim and desires to offer defense, the party against whom judgment would be given on the pleadings and admission made, if no evidence was submitted, shall have the burden to prove his

case (Sec. 7(3), Ibid.). The plaintiff, who has ordinarily the burden of proof, having adduced evidence on his part, the defendant may also introduce evidence in support of his defense, counterclaim and cross-claim. The parties against whom any counterclaim or cross-claim had been pleaded, shall introduce evidence in support of their defense, in the order to be prescribed by the court (Sec. 5(e), Rule 30, Rules of Court) unless they admit the claim of the counterclaimant or cross-claimant. The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case (Sec. 5(f), Ibid.). Order of examination. When the action is put on trial on the merits because the party litigants offer to prove their respective claims and defenses, the order of examination comes in. Each witness of the parties shall be examined in the following order: a. Direct examination by the proponent (the statement of the witness submitted at the pre-trial shall serve as his direct testimony); b. Cross-examination by the opponent; c. Re-direct examination by the proponent; d. Re-cross examination by the opponent. Order of examination and order of trial, distinguished. Order of examination is the sequence an individual witness is examined by the contending parties; whereas, order of trial is the sequence parties introduce their respective evidence. Agreed statement of facts.

The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe (Sec. 6, Rule 30, Rules of Court). Statements of the judge. During the hearing or trial of a case, any statement made by the judge with reference to the case, or to any of the parties thereto, witnesses or counsel, shall be made of record in the stenographic notes (Sec. 3, Ibid.). Consolidation or severance. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay (Sec. l, Rule 3l, Ibid.). The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, crossclaim, counterclaim, or of any separate issue or of any number of claims, cross-claims, counterclaims, or issues (Sec. 2, Ibid.). The case of Tampar vs. Usman. The case of Midsapak Tampar, et. al., vs. Esmael Usman, et. al., G.R. 82077. August l6, l99l, threatens to eradicate Islamic procedure from the Philippine laws. In this case, an "Extrajudicial Settlement of Estate with Simultaneous Sale', purportedly entered and executed on June ll, l947 between petitioners and respondent Usman whereby ownership of the land was conveyed to the latter for the sum of Pl,000.00, was sought to be annulled on the ground

that petitioners have never entered into such agreement and that their signatures in the document of sale were forged. Respondent, on the other hand, denied having forged the signatures of the petitioners, and controverted all the other claims made by the petitioners. The pre-trial conference having failed to reach an amicable settlement, the Shari'a District Court thereafter directed the parties to submit the statements of at least two witnesses to prove their claims. The sole witness of petitioners withdrew, prompting them to manifest to the Court that they have no witnesses. Consequently, petitioners challenged Usman to take an oath (yamin) declaring that there is no truth to the claim of forgery brought against him. The challenge which was grounded on Section 7 of the Special Rules was opposed by respondent Usman. The Court overruled the opposition and directed respondent Usman to take the oath, which he complied after his motion for reconsideration was denied. Having thus taken the oath, judgment was rendered in favor of respondents and the complaint against them was dismissed. Petitioners assailed the decision of the Shari'a court as having been rendered with grave abuse of discretion contending that the cognizance by the court of the "yamin" of respondent Usman is not only "unprocedural", but likewise amounts to a deprivation of their constitutional right to be heard. The Supreme Court held: "Under Section 1, Rule 131 of the Rules of Court of the Philippines, which may apply in a suppletory manner in this case, each party must prove his own affirmative allegations. When the plaintiffs (petitioners herein) failed to adduce any evidence to support the complaint, then the complaint must be dismissed. On this basis the dismissal of the

complaint by the Shari'a court in this case should be upheld, but not because of the "yamin" taken by respondent Usman. "The Court shares the concern of petitioners in the use of the "yamin" in this proceeding, and for that matter, before Philippine Shari'a courts. Section 7 of the Special Rules of Procedure prescribed for Shari'a courts aforecited provides that 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. On the other hand, should defendant refuse to take an oath, plaintiff may affirm his claim under oath, in which case judgment shall be rendered in his favor. "Said provision effectively deprives a litigant of his constitutional right to due process. It denies a party his right to confront the witness against him and to cross-examine them (Sec. 6, Rule l32, Rules of Court). It should have no place even in the Special Rules of Procedure of the Shari'a Courts of the country. "The possible deletion of this provision from the said rules should be considered. For this purpose, a committee should be constituted by the Court to review the said special rules, including the above discussed provision so that appropriate amendments thereof may be undertaken by the Court thereafter." Unless the Supreme Court reconsiders its decision in the foregoing case, the elementary Islamic nature of the Special Rules is at stake and the Special Rules ceases to serve the purpose for which it is intended. The author sees no logical basis to give precedence to a suppletory law (the Rules of Court of the Philippines) over one it seeks to supplement (the Special Rules of

Procedure). The rule is that in case of conflict between a general law and a special law, the latter shall prevail. Neither does the oath "yamin" violate the constitutional right to due process. In every stage of the proceedings under Section 7 of the Special Rules, each party is given an opportunity to be heard. If the defendant who is challenged to take the oath has a rightful claim over the subject matter of the action, there is no reason why he should refuse to affirm under oath his claim. On the other hand, if he refuses to take the oath for one reason or another, he may return the challenge to the plaintiff who must re-affirm his claim in which case the defendant is in estoppel for refusing to affirm under oath his claim and for allowing the plaintiff to take the oath instead. It must be observed that, under the Special Rules, he who takes the oath (yamin) as a mode of proof obtains favorable judgment. This mode is resorted to only when the parties have no evidence to establish their cause. By taking the oath (yamin), the party virtually takes the stand and affirms under oath his claim or defense. Such an oath, in effect, partakes of a testimony given in the stand by the party who takes the oath which can, under civil procedure, be validly the basis of a favorable judgment. To the author's mind, the oath (yamin) is recognized as a mode of proof in view of the Islamic procedural proscription against a party giving testimony in support of his own cause (see Rahim, op, cit., p. 376). (Back to top) Section 8. Judgment. -- (1) The judgment shall be rendered within fifteen (l5) days from the termination of the trial, or disposition of the case, should there be no formal trial or hearing. COMMENTS:

Judgment, defined. A judgment is the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it in an action or proceeding (Gotamco vs. Shan Seng, 46 Phil. 550). It is the entire document prepared and promulgated by the court adjudicating and determining the rights of the parties to the case. It contains the findings of fact and law, the reasons and evidence to support such findings as well as the discussion of issues leading up to its determination (I Regalado p. 234). Rendition of judgment. The judgment determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of court (Sec. l, Rule 36, Rules of Court). No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based (Sec. l4, Art. VIII, Constitution.). Period for decision, directory. The judgment shall be rendered within fifteen (l5) days from the termination of the trial, or disposition of the case, should there be no formal trial or hearing (Sec. 8, Special Rules). In a case, the criminal action before the Shari’a Circuit Court of Jolo, Sulu, was submitted for resolution in October 1998 and the respondent judge admitted that he came up with a Decision on the case on January 25, 2000, and the same was promulgated on March 1, 2000. It was held that there was undue delay in rendering the decision by respondent judge (Arap vs. Mustafa, A.M. No. SCC-017. March 12, 2002).

In the case of Alonto-Frayna vs. Judge Astih, A.M. No. SDC-98-3. Dec. 16, 1998, the Supreme Court dismissed respondent judge for his failure to render decision within the 90-day period provided for under the 1987 Constitution of the Philippines and not on the basis of the 15-day period provided for under the foregoing rule. The court said: “Respondent judge, as well as all other judges must be reminded that a case should be decided within 90 days from its submission, otherwise, the judge would be guilty of gross inefficiency and neglect of duty. Failure to render a decision beyond the ninety (90)-day period from its submission constitutes serious misconduct to the detriment of the honor and integrity of his office and in derogation of a speedy administration of justice. The decision was long overdue and the period to decide the case under the solemn mandate of Sec. 15 (1), Article VIII of the 1987 Constitution had long expired.” Service of final orders or judgments. Final orders or judgments shall be served to the parties either personally or by registered mail. When a party summoned by publication has failed to appear in the action, final orders or judgments against him shall be served upon him also by publication at the expense of the prevailing party (Sec. 7, Rule 13, Rules of Court). Personal service is effected by delivering personally a copy to the party or his attorney, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or attorney's residence, if known, with a person of sufficient discretion to receive the same (Sec. 4, Ibid.).

If service is not made personally, service by registered mail shall be required if registry service exists in the locality; otherwise, service may be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered (Sec. 5, Ibid.). Special forms of judgment. Under the Rules of Court and jurisprudence, the special forms of judgment are as follows: a. Judgment by default -- is a judgment rendered against the defendant for his failure to appear at the pre-trial conference, or to answer to the complaint within the time fixed by the rules. (see Veluz vs. Justice of the Peace, 42 Phil. 560; Mapua vs. mendoza, 45 Phil 424). In the Shari'a courts, a judgment by default can not be rendered in view of the prohibition against filing of motion to declare defendant in default. Nonetheless, it is believed that any judgment made by the Shari'a court ex parte pursuant to Section 5 of the Special Rules partakes of a default judgment. b. Judgment on the pleading -- is a judgment rendered in favor of a party to an action, on motion therefor, where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleadings (Sec. l, Rule l9, Rules of Court). c. Summary judgment -- is meant that which a court may render before trial, but after both parties have pleaded, upon application by one party supported by affidavits, depositions or other documents, with notice upon the adverse party who may file opposition supported also by affidavits, depositions, or other documents, should the court, after hearing summarily both parties with their

respective proofs, find that there is no genuine issue between them (Rule 34, Rules of Court; Tanteo vs. Tanteo, 38943-R, Nov. 20, l972). d. Several judgment -- is a judgment which a court may render, in an action against several defendants, against one or more of them, leaving the action to proceed against the others (Sec. 4, Rule 36, Rules of Court). e. Separate judgment -- is a judgment which a court may render, in an action where more than one claim for relief is presented, disposing of a particular claim upon a determination of the issues material to such claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim (Sec. 5, Ibid.). f. Special judgment -- is a judgment which requires the performance of any other act than the payment of money, or the sale or delivery of real or personal property (Sec. 9, Rule 39, Ibid.; Moslem vs. Soriano, l24 SCRA l94). g. Judgment for specific acts -- is a judgment which directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act (Sec. l0, Ibid.). h. Memorandum judgment -- is a judgment or final resolution of a court in an appealed case adopting by reference the findings of fact and conclusions of law contained in the decision or final order appealed from (Sec. 24, Interim Rules; Francisco vs. Permskul, 173 SCRA 324 [l989]). i. Judgment on consent -- is one the provisions and terms of which are settled and agreed upon by the parties to the action and which is entered in the record by the consent and sanction of the court (Republic vs. Bisaya Land Trans. Co., L-3l490, Jan. 6, l978; 8l SCRA l9 [1978]).

j. Judgment nunc pro tunc -- is rendered to enter or record such judgment as had been formerly rendered but has not been entered as thus rendered (Cardoza vs. Singson, 181 SCRA 45, 51 [1990]; Henderson vs. Tan, L-3233, Oct. l0, l950; Lichauco vs. Tan Pho, 5l Phil. 862). k. Judgment upon confession -- is a judgment rendered by a court based on the affirmative and voluntary act of the defendant admitting the claim against him, or confessing to his guilt. l. Judgment upon compromise -- is one rendered by a court based on the agreement of the parties, by making reciprocal concessions, to avoid a litigation or put an end to one already commenced (United Housing Corp. vs. Dayrit, 181 SCRA 285, 293 [1990]). m. Clarificatory judgment -- is one which clarifies a vague or ambiguous judgment. (Back to top) (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. COMMENTS: Period of appeal. An appeal on the judgment of the Shari'a court may be taken within fifteen (l5) days from the receipt of the judgment. As either party may appeal from such judgment, only upon the expiration of the period of appeal for both parties may the court motu proprio issue the writ of execution. Finality of decision.

The judgment shall become final and executory upon the expiration of the fifteen-day period for appeal; such period shall be counted from the date of receipt of the judgment. When the judgment becomes final and executory, the court motu proprio shall immediately issue the writ of execution for the satisfaction of the judgment (Sec. 8(2), Special Rules). The judgment obligee need not file a motion for execution of judgment though he may so file if the court failed to issue the writ in due time. Under the Rules of Court, a judgment may be executed on motion within five years from the date of its entry or from the date it becomes final and executory (Sec. 6, Rule 39, Rules of Court). Writ of execution, defined. It is a judicial process to enforce payment, satisfaction or performance of a final judgment against the defeated party in a case (Revelations Mfg. Corp. vs. Magsino, Sp-03878, Jan. 24, l985). Execution of judgment. Execution shall issue only upon a judgment or order that finally disposes of the action or proceeding. Such execution shall issue as a matter of right upon the expiration of the period to appeal therefrom if no appeal has been duly perfected (Sec. 1, Rule 39, Rules of Court). Once the judgment becomes final and executory, the Shari'a court shall immediately issue, motu proprio, a writ of execution for the satisfaction of the judgment (Sec. 8, Special rules). Unlike in the regular courts, no motion by the prevailing party is necessary for the issuance of the writ. Other applicable rules. The provisions of Rule 36 on judgments, final orders and entry thereof as well as Rule 39 of the Rules of Court on execution, satisfaction and effects of judgments insofar as

they are not inconsistent with the Special Rules of Procedure are also applicable in the Shari'a courts. (Back to top) Section 9. Appeal. -- An appeal shall be made by filing a notice of appeal addressed to the court and by paying the docket fee within fifteen (l5) days from receipt of the judgment. COMMENTS: Appeal, defined. Appeal is a resort to a superior court to review the decision of an inferior court or administrative agency (Black's Law Dictionary, p. 49). An appeal brings up for review errors of judgment committed by a court of competent jurisdiction over the subject of the suit or the persons of the parties or any such error committed by the court in the exercise of its jurisdiction amounting to nothing more than error of judgment (Republic vs. Sandiganbayan, G.R. 85284, Feb. 28, 1990; Silverio vs. CA, G.R. 39861, Mar. 17, 1986). How appeal taken. An appeal from the decision of the Shari'a court may be taken by filing a written notice of appeal to the court which rendered the decision within fifteen (l5) days from receipt thereof (Sec. 9, Special Rules). Where appeal taken. A decision or judgment of the Shari'a Circuit Court may be appealed to the Shari'a District Court that has jurisdiction over the area where the circuit court is sitting (Art. l44, PD l083). In the case of the Shari'a District Court, its decision or final order may be appealed to the Shari'a Appellate Court which has exclusive appellate jurisdiction over all cases tried in the Shari'a District Courts (Sec. 9, Art. VIII, RA 9054).

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. Basis of the appellate judgment. The Shari'a District Court 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 (Art. l44(2), PD l083). Notice of appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the court to which the appeal is being taken, and state the material dates showing the timeliness of the appeal (Sec. 5, Rule 41, Rules of Court). Perfection of appeal. A party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. The court loses jurisdiction over the case upon the perfection of the appeal filed in due time and the expiration of the time to appeal of the other parties. Prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order

execution pending appeal in accordance with section 2, Rule 39 of the Rules of Court, and allow withdrawal of the appeal (Sec. 9, Ibid.). Payment of the docket fee. Within the period for taking an appeal, the appellant shall pay to the clerk of the court, which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be transmitted to the appellate court together with the original record (Sec. 4, Ibid.). Failure to pay the docket fee is a ground for the dismissal of the appeal (Pedrosa vs. Spouses Hill, G.r. 120804, June 14, 1996; De Guzman vs. IAC, G.R. 66350, Jan. 20, l989; Guevarra vs. CA, 157 SCRA 32, 37 [1988]; Cf. Santos vs. CA, G.R. 114726, Feb. 14, 1996). (Back to top) Section 10. Appeal to the Shari'a District Court.-- Within five (5) days from the perfection of the appeal, the clerk of court shall transmit the original record to the appropriate appellate court. COMMENTS: Transmittal of the record. The clerk of the court whose judgment is appealed shall transmit the original record, transcripts and exhibits, as well as the appellate court docket fee to the appropriate appellate court within five (5) days from the perfection of the appeal. It shall be the duty of the clerk of court of the lower court: (a) To verify the correctness of the original record or the record on appeal and to make a certification of its correctness; (b) To verify the completeness of the records that will be transmitted to the appellate court; (c) If found

to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose; and (d) To transmit the records to the appellate court. If the efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their nontransmittal, and the steps taken or that could be taken to have them available. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court (Sec. 10, Rule 41, Rules of Court). Transcripts. Upon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case five (5) copies of the transcripts of the testimonial evidence referred to in the record. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively (Sec. 11, Ibid.; see Advincula vs. IAC, 147 SCRA 262, 267 [1987]). Duty of the clerk of the appellate court. Upon receipt of the original records, transcripts and exhibits from the lower court, the clerk of the Shari'a District Court shall notify the parties of such fact (Sec. ll, Special Rules). The notice will enable the parties to submit

memoranda, briefs or oral arguments as the court may order or as the parties may submit (Art. 144(2), PD 1083). Submission of briefs or memoranda. Under Section 7 of Rule 40, Rules of Court providing for the procedure in the Regional Trial Court in appealed cases, it is therein provided that: (a) x x x x (b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. (c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the case shall be considered submitted for decision. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed. It is believed that this rule may be applied in appealed cases from the Shari'a Circuit Court to the Shari'a District Court pursuant to the provisions of Article l49, PD l083. In the Shari'a Appellate Court. Regarding appeals to the Shari'a Appellate Court from the Shari'a District Court, the Supreme Court has yet to promulgate the applicable rules pursuant to the provisions of Section l7, Article VIII of RA 9054. (Back to top)

Section 11. 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. COMMENTS: Duty of the clerk of the Shari'a District Court. Upon receipt of the original records, transcripts and exhibits, the clerk of court of the Shari'a District is duty bound to notify the parties of such fact (Sec. 11, Special Rules). The above provision evidently applies to a case appealed to the Shari'a District Court and not to the Supreme Court. Appeal to the Supreme Court. 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. (Macawiag vs. Balindong, G.R. 159210, Sept. 20, 2006). 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.; Tomawis vs. Balindong, G.R. No. 182434, Mar. 5, 2010). Thus, in the earlier case of Spouses Pawaki vs. Garingan, G.R. 144095, April 12, 2005, the Supreme Court entertained under Rule 45 of the 1997 Rules of Civil Procedure a petition for review on certiorari to reverse the decision of the Shari’a District Court of Zamboanga City. (Back to top)

Section 12. 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 in matters concerning difficult questions of Muslim Law and Jurisprudence (fiqh). COMMENTS: Creation of Jurisconsult. There shall be a Jurisconsult in Islamic Law, who shall be appointed by the President of the Philippines and hold office for a term of seven years, without prejudice to reappointment, unless sooner removed for cause or incapacitated to discharge the duties of his office (Art. l64, PD l083). The Regional Assembly of the ARMM shall give priority consideration to the organization of the office of the jurisconsult in Islamic law as established under existing law and provision for its facilities to enable the proper functioning of the office (Sec. 20, Art. VIII, RA 9054). Jurisconsult, defined. Under PD No. 1083, a Jurisconsult in Islamic Law or Mufti is an officer who renders legal opinions on any question relating to Muslim law. He assists the Qadi or Judge, by giving him fatwas or legal opinions (Re: Samanodin L. Ampaso, 256 SCRA 679, 681 [1996]). Qualifications of a Jurisconsult. No person shall be appointed Jurisconsult in Islamic Law unless he is a citizen of the Philippines, at least forty years of age, of good moral character and proven integrity, and an eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence as well as proficient in Arabic (Art. l65, Ibid.). Functions of the Jurisconsult.

The functions of the Jurisconsult are: 1. The Jurisconsult shall, on the written request of any interested party, have the authority to render legal opinions, based on recognized authorities, regarding any question relating to Muslim Law. For this purpose, he may, if he deems it necessary, consult or ask for a consensus of the 'ulama. 2. The Jurisconsult shall consider and act on every such request unless, in his opinion and for good reason, the question need not be answered. 3. The Office of the Jurisconsult shall keep a compilation and cause the publication of all his legal opinions (Art. l66, Ibid.). Opinion of the Jurisconsult, persuasive. The legal opinions rendered by the Jurisconsult shall merely serve to enlighten the court or the parties concerned, who, however are not necessarily bound to follow the same (Re: Samanodin L. Ampaso, supra). Such opinion is not binding upon the court. It is merely advisory or persuasive. Neither it is incumbent upon the court to seek the opinion of the Jurisconsult. In fine, the court, before rendering judgment, may or may not consult the Jurisconsult and once opinion is rendered by the Jurisconsult, it may not follow such opinion (Rasul, Op. cit., p. 62). (Back to top) Section 13. Pleadings and Motions Disallowed.-- The court shall not allow the filing of the following pleadings, petitions or motions, to wit: (a) Motion to dismiss or to quash; (b) Motion for a bill of particulars;

(c) Motion for extension of time to file pleadings or other papers; (d) Motion to declare defendant in default; (e) Reply, third-party complaints, or intervention; (f) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (g) Petition for relief from judgment; (h) Motion for new trial or reopening of trial; (i) Any dilatory motion for postponement. COMMENTS: Purpose of the rule. The above rule seeks to forestall the parties from resorting to pleadings, motions and petitions, which are in actual practice oftentimes used to delay the proceedings in the case. Those pleadings, motions and petitions are prohibited in order to provide an expeditious and inexpensive determination of the cases brought before the Shari'a courts (Mamadsual vs. Moson, G.R. 92557, Sept. 27, 1990). Motion to dismiss, defined. Motion to dismiss is one which is generally interposed before trial to attack the action on the basis of insufficiency of the pleading, of process, venue, joinder, etc. (Black's Law Dictionary, Abridged 5th ed., p. 526). Grounds for motion to dismiss. Under Rule l6 of the Rules of Court, the grounds for a motion to dismiss are: (a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim; (c) That venue is improperly laid; (d) That the plaintiff has no legal capacity to sue; (e) That there is another action pending between the same parties for the same cause; (f) That the cause of action is barred by a prior judgment or by the statute of limitations; (g) That the pleading asserting the claim states no cause of action; (h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and (j) That a condition precedent for filing the claim has not been complied with. This provision of the Rules of Court applies to civil cases. Grounds for motion to quash. In criminal cases, the grounds for a motion to quash under Section 3, Rule 117 of the Rules of Court are: (a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged; (c) That the court trying the case has no jurisdiction over the person of the accused; (d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form; (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law; (g) That the criminal action or liability has been extinguished; (h) That it contains averments which, if true, would constitute a legal excuse or justification; and (i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. Pleading grounds as affirmative defenses. Any of the grounds for dismissal provided for under Rule 16 of the Rules of Court may be pleaded as an affirmative defense in the answer and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed (Sec. 6, Rule 16, Rules of Court). What the Special Rules (Ijra-At Al Mahakim Al Shari'a) proscribes is the filing of a motion to dismiss in lieu of an answer, which would stop the running of the period to file an answer and cause undue delay. The prohibition is intended to put a stop to the filing of dilatory pleadings with the end view of expediting proceedings before the Shari'a Courts (Hadji Ali Mamadsual vs. Judge Moson, G.R. 92557, Sept. 27, l990). The dismissal of the complaint under this rule shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer (Sec. 6, Rule 16, Rules of Court).

Motion to dismiss prohibited; exceptions. This section prohibits the filing of a motion to dismiss or to quash. However, this rule admits an exception. A summary rule prohibiting the filing of a motion to dismiss should not be a bar to the dismissal of the action for lack of jurisdiction when the jurisdictional infirmity is patent on the face of the complaint itself, in view of the fundamental procedural doctrine that the jurisdiction of a court may be challenged at anytime at any stage of the action (Rulona Al-Awadi, vs. Astih, G.R. 8l969, Sept. 26, l988, Tijam vs. Sibonghanoy, 23 SCRA 29, 35-36; Crisostomo vs. CA, 32 SCRA 54; Zulueta vs. Pan American World Airways, Inc. 49 SCRA l, 6; Nueva Vizcaya Chamber of Commerce vs. CA, 97 SCRA 856). Also, where an answer has already been filed, a motion to dismiss the complaint may be filed by the defendant. Thus, the case of the Heirs of Ricardo Olivas vs. Flor, G.R. No. 78343, May 2, 1988, involves the application of the Rules of Summary Procedure in special cases before the Metropolitan and Municipal Circuit Trial Courts, which disallow the filing of motions to dismiss. The Supreme Court held: “In the guise of a position paper, private respondents filed a Motion to Dismiss. While this is, indeed, a prohibited pleading (Section 15(1), Rule on Summary Proceeding) it should be noted that the motion was filed after an Answer had already been submitted within the reglementary period. In essence, therefore, it is not the pleading prohibited by the Rules on Summary Procedure. What the rule proscribes is a Motion to Dismiss, which would stop the running of the period to file an Answer and cause undue delay.” (Hadji Ali

Mamadsual vs. Judge Moson, G.R. 92557, Sept. 27, l990). Moreover, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim (Sec. 1, Rule 9, Rules of Court). In the recent case of Tomawis vs. Balindong, G.R. No. 182434, Mar. 5, 2010, where two (2) motions to dismiss, each predicated on the sole issue of jurisdiction, were filed by petitioner before the Shari’a District Court, the second motion having been filed two years after the appellate court denied his petition for certiorari, the Supreme Court expressed its disapproval of the cunning effort of petitioner and his counsel for using procedural rules to the hilt to prolong the final disposition of the case, and admonished them to refrain from engaging in activities tending to frustrate the orderly and speedy administration of justice. Motion for bill of particulars, concept. A motion for bill of particulars under Section 1, Rule l2 of the Rules of Court is one that moves for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity to enable the moving party properly to prepare his responsive pleading or to prepare for trial. Motion to declare defendant in default, concept. It is one which moves for the declaration of the defendant in default for his failure to answer the complaint within the time provided for by the rules.

Reply, defined. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters (Sec. l0, Rule 6, Rules of Court). The filing of the reply in a case before the Shari'a courts is not allowed. The filing of such reply is generally unnecessary as all the new matters alleged in the answer are deemed controverted (Ibid.). But under the Rules of Court the filing of a reply under oath is compulsory where the defense alleged in the answer is based on an actionable document, otherwise the genuineness and due execution of such document shall be deemed admitted (Sec. 8, Rule 8, Ibid.). Third-party complaint, defined. A third-party complaint is a claim that a defending party may, with the leave of court, file against a person not a party to the action, called the third-party defendant, for contribution, indemnity, subrogation or any other relief, in respect of the opponent's claim (Sec. l1, Ibid.). Third-party complaint, how raised. Since a third-party complaint is disallowed by the Special Rules, the defendant may file a separate action against the person with whom he claims for contribution, indemnity, subrogation or any other relief. At any rate, a third-party complaint is an action "actually independent of, separate and distinct from the plaintiff's complaint" such that, were it not for the Rules of Court, it would be necessary to file the action separately from the original complaint by the defendant against the third party (Associated Bank vs. CA, 233 SCRA 137, 145 [1994]).

Intervention, defined. Intervention is a remedy by which a third party, not originally impleaded in a proceeding, becomes a litigant therein to enable him to protect or preserve a right or interest which may be affected by such proceeding (First Phil. Holding Corp. vs. Sandiganbayan, 253 SCRA 30, 38 [1996]). Petition for certiorari, defined. When any tribunal, board or officer, exercising judicial functions, has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition called certiorari in the proper court alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer (Sec. l, Rule 65, Rules of Court; Garcia vs. de Jesus, 206 SCRA 779 [1992] citing Pimentel vs. Comelec, 101 SCRA 769 [1980]). Petition for prohibition, defined. When the proceedings of any tribunal, corporation, board or person, whether exercising functions judicial or ministerial, are without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition called prohibition in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein (Sec. 2, Rule 65, Rules of Court). Petition for mandamus, defined.

When any tribunal, corporation, board, or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition called mandamus in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant, immediately or some other specified time, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the defendant (Sec. 3, Ibid.). Orders unquestionable by certiorari, etc. Only interlocutory orders may not be questioned by petitions for certiorari, prohibition or mandamus. Final orders, or one that puts an end to the particular matter resolved, leaving thereafter no substantial proceeding to be had in connection therewith, except its execution, may be the subject of such petitions. Interlocutory order, defined. An interlocutory order is one that does not finally dispose of the case, and does not end the court's task of adjudicating the parties' contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the court (Atienza vs. CA, 232 SCRA 737, 744 [1994]; People vs. Hewald, l05 Phil l297). Petition for relief from judgment, defined.

Petition for relief from judgment is one filed in the same case, when a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through fraud, accident, mistake, or excusable negligence, praying that such judgment, order or proceeding be set aside (Sec. 1, Rule 38, Rules of Court). Motion for new trial, defined. It is a motion filed with the trial court to set aside the judgment and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party; (a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or (b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result (Sec. 1, Rule 37, Ibid.). (Back to top) --oOo--

PART II OATH (YAMIN) Section 14. Administration of Oath. -- (l) An oath (yamin) legally binding in a manner and form observed under Muslim Law may, by order of the court, be administered upon any of the parties who are Muslims to establish a fact, or to affirm any evidence presented. Such oath may constitute as proof in the absence of any other evidence. COMMENTS: Oath, defined. An oath is an invocation of the name of God or of some person or object held sacred by the person using the invocation, to witness the truth of a solemn affirmation and to emphasize that affirmation (Ali, op. cit.). Form of oath. When the oath is about to be administered to one of the two litigants the oath is taken in the name of God the highest, saying "wa 'llahe" or "bi llahi". (Art. l743, The Mejelle). Thus, when someone is going to take an oath about his own act, the oath is made categorically, i.e., the oath is caused to be taken finally, saying, "This thing is so," or "it is not". (Art. l748, Ibid.). In West Africa, in matters of procedure the Muhammadan courts adopt a compromise between Islamic and English principles. While the ordinary oath which all witnesses take is an oath on the Qur'an in the English form, the "perishable oath" is used when a defendant is challenged by a plaintiff who lacks adequate evidence or when the defendant "returns" such oath to the plaintiff; and this is sworn by the party concerned, after performance of the ceremonial

ablutions, putting his finger on the first radical Sura in the Qur'an entitled al-Tur and repeating three times after the Qadi the first eight verses of that Sura (Anderson, J.N.D., Islamic Law in Africa, Frank Cass & Co., Ltd., (London), l970., p. 230). In the case of Tampar vs. Usman, G.R. 82077. August l6, l99l, the defendant, who was challenged by the plaintiff who lacks evidence to take the oath, took the oath (yamin) in the following form: "I, Esmael usman, swear in the name of Allah, Most Gracious, Most Merciful and upon the Holy Quran, that I bought the land in question from the plaintiffs; that I have not forged or falsified the signature of the plaintiffs; and that God will curse me if I am not telling the truth". By whom administered. An oath may be administered upon any of the parties by order of the court. The court may order any competent Muslim, preferably an Imam or religious leader of the local community to administer the oath. In any case, the oath should be administered in the presence of the judge (Art. l744, Ibid.). Kinds of oath. Oath may be classified into: (A) Procedural oath, and (B) Substantive oath. Procedural oath is of three kinds, namely: (l) pre-requisite oath conducted or administered upon a witness before the reception of his testimony to tell the truth and nothing but the whole truth; (2) decisive oath, as when one party challenges the other to take the oath and thereafter, submits to the decision of the court; and (3) suppletory or supplementary oath, as when the court needs the oath of a witness if the court is not satisfied with his oral testimony.

Substantive oath may be of three kinds, namely: (1) yaminul gamoos, as when an accused was convicted on the basis of the false testimony of a witness; (2) lagwool yamin, which is an oath over a thing, past or present but is proved to be a mistake; and (3) moon aqeedah, which is an intentional oath to do or not to do a thing, in the future (Rasul, op. cit., pp. 44-45). Other kinds of oath. The other kinds of oath according to authorities are: a. yamin al-istizhar -- Literally, the oath of revealing. This oath must be taken by, e.g., the wife of an absent husband who is claiming maintenance, or in some cases divorce, to the effect that the husband did not leave her, and has not sent her, any maintenance; that she is not nashiza (disobedient wife) and so disentitled thereto; and that she is not, to her knowledge, divorced, etc. Only after proof of marriage and the taking of this oath will the court give judgment in such case ex parte (Anderson, supra, p. 379). b. yamin al-qada -- Literally, the oath of judgment. This is another name for the yamin al-istizhar (or istibra). It is regarded as incumbent in many different circumstances: e.g., where a man produces two witnesses that some article in another's possession is his, he must take this oath that he did not sell it nor give it, etc., to its present possessor. It is also used in almost all claims against a deceased man's estate, or ex parte (Ibid.). c. yamin al-tuhma -- The oath of suspicion. This is the oath which one accused of some offense without adequate evidence must take to clear himself. Some jurists insist that he must first be shown to be the sort of person on whom such suspicion might reasonably fall. This oath may not be returned by the accused to the accuser, since the latter does not claim certain knowledge (Ibid.).

Oath, when administered. The oath is only administered on the application of a party. But in four instances the oath is administered by the judge without an application, namely: (1) When someone has claimed and proved a right against the estate of a deceased person, the judge administers an oath to the plaintiff, that he has not had this right satisfied in any way by the dead man, or got anyone else to have it satisfied, and that he has not given a release of it, and that he has not made a hawale (transfer of a debt) imposing it on someone else, and that he has not been paid by any other person, and that he has not taken a pledge from the dead man as security for this right. This oath is called "Istizhar". (2) When a person turns up having a right to property, and has made his claim and proved it, an oath is administered by the judge that he has not sold, or given that property, or, finally that it has not passed from his ownership in any way. (3) When a purchaser has been going to return a thing which he has bought on the ground of defect, an oath is administered to him by the judge that after he discovered the defect, he did not by word, or, impliedly, by any disposition of it as if it were his own property, assent to the defect in the thing. (4) When a judgment is going to be given by a judge, for a right of pre-emption, an oath is administered to the person claiming it that he has not made void his claim, i.e., that he has not destroyed his right of pre-emption (Art. l746, The Mejelle). Oath as proof of fact. When an oath is administered upon a party by order of the court, such oath constitutes as proof of fact in the absence of any other evidence (Sec. l4, Special Rules).

(Back to top) (2) No person shall be allowed to take an oath unless he is qualified under Muslim law and is fully aware of the solemnity of the oath or the import of the solemn affirmation. Any person who is to take an oath or solemn affirmation in accordance with Muslim Law shall be given reasonable time to think it over. COMMENTS: Belief on the oath. In Islam, the taking of the oath to practice deception is promised with a double penalty, that is, "evil consequences" which, according to Yusuf Ali, refer to this world, and "Wrath" which refer to the Hereafter (Holy Qur'an, 2:94; Yusuf Ali, op. cit., p. 682). Hence, any person who is to take an oath is given reasonable time to reflect on and consider it carefully because of the double penalty that Allah, the Most High, has promised. Any one who does not believe in the solemnity of the oath and its consequences should not be allowed to take the oath. Qualification of the person to take the oath. Under the Special Rules, it would seem that only Muslims are allowed to take the oath and this is predicated on the fact that the jurisdiction of the Shari'a courts is, as a general rule, limited to Muslims. Be that as it may, not all persons who claim to be Muslims are allowed to take the oath. For instance, a drunkard, a known liar, an impious person, or an apostate are not qualified to take the oath because by their conduct they could not be expected to hold sacred the Holy Qur'an.

In West Africa, particularly in the Gold Coast and elsewhere, pagans are allowed to take an oath on their fetish, the Muslims on the Holy Qur'an, and the Christians on the Bible (Anderson, op. cit., p. 262). (Back to top) (3) The court shall set an appropriate time, date and place of oath-taking or of solemn affirmation by such person. If, at any time before such appointed date, the party who is required to take an oath or a solemn affirmation refuses to do so (nukul), the court, may in its discretion direct the person, if he is the plaintiff, to withdraw his claim, or in case of the defendant, to admit the claim of the plaintiff. COMMENTS: This subsection and Section 7 (1) compared. There seems to be a conflict between this subsection and Section 7, Paragraph l of the Special Rules. Under the present rule, if the defendant refuses to take the oath (nukul), he may, at the discretion of the court, be directed to admit the claim of the plaintiff upon which judgment shall be based. Whereas, under Section 7, par. l, when the defendant is challenged, by the plaintiff who lacks evidence, to take the oath and he refuses, the burden of proof is shifted to the latter who may reaffirm his claim by taking the oath, in which case judgment shall be rendered in his (plaintiff) favor. It is believed that Section l4, par. 3, obtains in two instances as follows: (l) The defendant has accepted the challenge by the plaintiff to take the oath but, after the court has set the date, time and place of the oath-taking, refuses to do so before

such date, in which case the court may, in its discretion, direct the defendant to admit the claim; and (2) The defendant, when challenged by the plaintiff, returns the challenge to the plaintiff to take the oath who then accepted the challenge to reaffirm under oath his claim but, after the court has set the date, time and place of the oathtaking, refuses to do so, in which case the court may, in its discretion, direct the plaintiff to withdraw his claim. Effect of refusal to take oath. In civil actions, when the oath is proposed to a person who is bound to take the oath, and he refuses the oath, either expressly, saying "I do not swear", or impliedly by keeping silence without excuse, the judge gives judgment based on his refusal. And if after the judgment he is going to take the oath, no attention is paid to him. The judgment of the judge remains as it is. (Art. l75l, The Mejelle). (Back to top) Section l5. Mutual Oath (Tahaluf). -- In case of claims and counter-claims where neither of the parties would give way at the pre-trial, the court may, in its discretion, require both parties mutual oath (tahaluf) on any particular fact or facts upon which the court may render judgment. COMMENTS: Mutual oath, when applicable. When claims and counter-claims are of equal weight, either by the absence of evidence on both or by the weight of the evidence of each, the court may, in its discretion, require both parties to the action to take oath on a particular issue and render judgment thereon (Sec. 15, Special Rules). Oath to both parties, when administered: Instances.

When there is a difference between the seller and the buyer as to the amount, or description or kind of the price, or the thing sold, or of both, whichever produces evidence, judgment is given for him, and if both of them produce evidence, judgment is given for him who proves the more. But if both of them are unable to give proof, it is said to them "either one consents to the claim of the other or we make the sale void". And if upon this, one of them does not agree to the claim of the other, the judge administers an oath to each of them about the claim of the other. And first, he begins with the purchaser. And if either of them refuse the oath, the claim of the other is proved, and if both take the oath, the judge declares the sale void (Art. l778, The Mejelle). When the person who hires a thing has a dispute with the letter, before taking possession of a thing being recently let, e.g., when the hirer makes a claim in Court, saying, "the rent is ten gold pieces," and the letter says, "it is fifteen gold pieces," whichever of them produces evidence, it is accepted. And if the two produce evidence together, judgment is given by the evidence of the letter. And if both are unable to prove their claim, the oath is administered to both, and they begin by administering the oath to the hirer, and whichever of them refuses, it is judged by his refusal. And if they two take the oath, the judge declares the contract of hire void (Art. l779, Ibid.). (Back to top) Section l6. Mutual Imprecation (Li'an). -- If a Muslim husband accuses his wife of adultery and fails to prove the same in accordance with Muslim Law, the court may require the husband and the wife, if she is a Muslim, to perform the prescribed acts of imprecation (li'an) and, thereafter, the court shall dissolve the marriage by issuing the appropriate divorce decree in

accordance with the provisions of the Code of Muslim Personal Laws. COMMENTS: Divorce by li'an. Divorce by li'an is a form of divorce which takes place when the husband accuses the wife of adultery but he has no witnesses to prove the accusation, and the wife denies it (Maulana Fazlul Kiram, Al-Hadis Mishkat Ul-Masabih, The Book House (Lahore), l939, Vol. 2, p. 709). It is the term used for a procedure by which a husband who has accused his wife of unchastity may avoid the punishment for slander to which he would otherwise be liable, in default of adequate proof, by swearing a five-fold oath in support of his accusation; while the wife on her part may avoid the punishment for adultery by taking a similar oath to her innocence. This procedure has the effect of dissolving the marriage and bastardising any child concerned (Anderson, Islamic Law in Africa, p. 368). In such a case, the court after due hearing shall require the husband and wife to perform acts of imprecation. Evidence required in adultery. The evidence required in accusation of zina which includes adultery is the oral testimony of four adult male Muslim witnesses who have seen the actual act of sexual intercourse (Holy Qur'an, 4:l5). Women's testimony is not accepted in cases of adultery or in any hadd offense. (ElAwa, op. cit., p. l26 citing Mughni, vol. IX, pp. 69-70). The witnesses must be able to state where and when the offense took place, and must be able to identify the parties to the act. Testimony, moreover, must be delivered before the court in one sitting (fi-majlisin wahid) (Ibid. citing Mughni, Ibid., p. 7l; Kasani, Badai, vol. VII, p. 48; Ibn-Farhun, Tabsirah, Vol. I, p. 2l2. This last condition is not necessary, according to the Shafii School).

The offense may, however, be proved by a sustained confession by the guilty party (Anderson, op. cit., p. 380). Mutual imprecation, how made. Acts of imprecation means mutual cursing. It is performed by the husband's accusation of the wife of adultery four successive times and the wife's denial of the same each time it is uttered. At the fifth time, the husband solemnly invokes the curse of God upon himself if he tells a lie, and the wife upon her if her accuser is telling the truth (Holy Qur'an, Surah Nur, verses 6-9); Rasul and Ghazali, Muslim Code of the Philippines Annotated, CLBPI (Manila), p.). Mutual imprecation, when made. Mutual imprecation shall be made by the husband and wife if the husband accuses the wife of adultery and he has no evidence to prove the accusation. (Back to top)

PART III SUPPLEMENTAL PROCEEDINGS Section 17. Suppletory Rule in Civil Cases. -- The court shall adhere to the sources of Muslim Laws relating to the number, status, or quality of witnesses (adala) and evidence required to prove any fact. Except as herein provided, the Rules of Court shall apply in a suppletory manner. COMMENTS: Application of the Rules of Court. The Rules of Court of the Philippines, in all matters not provided for by the Special Rules of Procedure except on evidence, is applicable in the Shari'a courts. Procedural jurisprudence as well as pertinent resolutions of the Supreme Court likewise apply in the Shari'a courts. The case of Tampar vs. Usman, G.R. 82077, Aug. 1, 1991, contravenes Section 17 of the Special Rules when the Supreme Court gave precedence to Section 1, Rule 131 of the Rules of Court, in the guise of applying it in a suppletory manner, over Section 7 (1) of the Special Rules. The high court is, perhaps, unmindful of the feature of Islamic procedural laws that oath (yamin) is a mode of proving an affirmative allegation. (Sec. 14, Special Rules). In Wahida Musa vs. Moson, 200 SCRA 715, 721 [1991], the petitioners asserted that since the deceased Jamiri Musa's residence at the time of his death was in Davao City, not Maguindanao, the proceeding is beyond the jurisdiction of the Shari'a District Court, Fifth Shari'a District, with station at Cotabato City and embraces Maguindanao, and that venue is more properly laid in Davao City before the Regional Trial Court, since there are

no Shari'a District Courts in Davao. The Supreme Court applied the Rules of Court in a suppletory manner not to the Special Rules of Procedure but to the Code of Muslim Personal Laws, thus: “The Rules of Court likewise provide that the Court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other Courts (Rule 73, Sec. 1). There should be no impediment to the application of said Rules as they apply suppletorily to the Code of Muslim Personal Laws, there being nothing inconsistent with the provisions of the latter statute (Article 187 of said Code). In Mamadsual vs. Moson, G.R. No. 92557, September 27, 1990, after the defendant has filed his answer, he filed a pleading designated as "Amplification of Affirmative or Special Defenses with Prayer for Dismissal of Complaint On the Ground of Lack of Jurisdiction." On this basis, the Shari'a District Court issued an order dismissing the complaint. Plaintiff alleged that the court should not have considered defendant's pleading which was in effect, a motion to dismiss, as it is a pleading disallowed under Section 13 of the Ijra-At Al Mahakim Al Shari'a. The Supreme Court held: "Under Section 16 of the Ijra-at Al Mahakim Al Shari'a, it is specifically provided that the "Rules of Court shall apply in a suppletory manner" in civil cases. Section 5, Rule 16 of the Rules of Court provides as follows: 'SECTION 5. Pleading grounds as affirmative defenses.--Any of the grounds for dismissal provided for in this rule, except improper venue, may be pleaded as an affirmative defense, and a

preliminary hearing may be had thereon as if a motion to dismiss had been filed.' “From the foregoing, it is clear the trial court properly set the case for hearing on the affirmative defenses seeking dismissal of the complaint raised by the private respondents in their answer. What the Ijra-at Al Mahakim Al Shari'a proscribes is the filing of a motion to dismiss in lieu of an answer which would stop the running of the period to file an answer and cause undue delay. The prohibition is intended to put a stop to the filing of dilatory pleadings with the end in view of expediting proceedings before Shari'a courts." In Bondagjy vs. Bondagjy, G.R. No. 140817, Dec. 7, 2001, the Supreme Court applied civil law in the best interest of the children in an action for custody of minor children between petitioner, a Christian who converted to Islam before her marriage and converted back to Catholicism upon their separation, and respondent, a Muslim. The facts show that, four (4) months before her marriage, petitioner Sabrina became a Muslim by conversion. She was married to respondent Fouzi on February 3, 1988, at the Manila Hotel, Ermita, Manila under Islamic rites. Upon their separation, respondent instituted an action for custody of their two (2) minor children before the Shari’a District Court against petitioner who converted back to Catholicism. The court, applying Muslim law, rendered judgment awarding such custody to the respondent. The high court reversed the judgment stating: “The burden is upon respondent to prove that petitioner is not worthy to have custody of her children. We find that the evidence presented by the respondent was not sufficient to establish her unfitness according to Muslim law or the Family Code.

xxxx “The standard in the determination of sufficiency of proof, however, is not restricted to Muslim laws. The Family Code shall be taken into consideration in deciding whether a non-Muslim woman is incompetent. What determines her capacity is the standard laid down by the Family Code now that she is not a Muslim.” Application and Interpretation of Laws. The provisions of the Muslim code and the tribal code shall be applicable only to Muslims and other members of the indigenous cultural communities respectively and nothing in the Organic Act shall be construed to operate to the prejudice of the non-Muslims and non-members of indigenous cultural communities (Sec. 22, Art. VIII, RA 9054). In case of conflict between the Muslim code and the tribal code, the national law shall apply (Ibid.) In case of conflict between the Muslim Code or the tribal code on the one hand, and the national law on the other, the latter shall prevail (Ibid.) Bases and Interpretation of Islamic Law. Subject to the provisions of the Constitution of the Philippines, the Shari'ah courts shall interpret Islamic law based on sources such as (a) the Holy Qur'an; (b) Al-Sunna (Prophetic traditions); (c) Al-Qiyas (Analogy); and (d) AlIjma (Consensus). (Sec. 23, Art. VIII, Ibid.) Applicability of the Muslim law on evidence. While on matters of procedure the Rules of Court of the Philippines are applied in a suppletory character, the Shari'a

courts are required to adhere to the sources of Muslim Law relating to the number, status, and quality of witnesses and evidence to prove any fact in issue (Sec. 17, Special Rules). Hence, the author quotes in whole the general features of Muslim law of evidence and the theory on which it is founded from Abdul Rahim's treatise on Muhammadan Jurisprudence with additions where he believes necessary and proper. (Back to top) Muslim Law on Evidence Importance of Evidence. Islamic law places great importance to evidence. The Holy Qur'an states: 'O ye who believe, be steadfast witnessess for Allah in equity and let not hatred of any people seduce you that ye deal not justly' (5:8). 'O ye who believe, be ye staunch in justice, witnesses for Allah, even though it be against yourselves or your parents or your kindred' (4:135). 'And call to witnesses from among your men, two witnesses. And if two men are not available, then one man and two women whom you approve as witnesses, so that if the one makes error the other will remind her. And have witnesses when you sell one to another.' (2:282) 'And call to witness two just men among you, and keep your testimony upright for Allah.' (65:2) 'Don't conceal testimony. He who conceals it, his heart is sinful.' (2:282) Evidence, defined.

Evidence is the means, sanctioned by the rules, of ascertaining in a judicial proceeding the trut respecting a matter of fact (Sec. 1, Rule 128, Rules of Court). Evidence distinguished from proof. Evidence differs from proof as cause from effect. Proof is that which convinces; evidence is that which tends to convince; proof is the perfection of evidence, for without evidence there is no proof, though there may be evidence which does not amount to proof (Jones on Evidence, 12 cited in Apostol's Essentials of Evidence, p. 3 and Martin 2). Stated differently, proof is the result of evidence; evidence is the means which leads to it. Proof is the effect of evidence -- the establishment of a fact by evidence (Ibid citing The Chamberlayne Trial Evidence, p. 2). Methods of proving a fact. Under Islamic procedural law, there are four ways of proving an allegation or establishing a fact namely: (a) testimony of witnesses (shuhud) (Sec. 6(2), Ibid.; ElAwa, op. cit., p. 125); (b) admission or confession (iqrar) (Section 7(2), Ibid; ElAwa, op. cit., p. 127); (c) oath (yamin) (Sections 7 (1) and 14(1), Ibid; Art. 1742, The Mejelle); and (d) other evidence (bayyina) (Section 6(2), Ibid; Arts. 1736 to 1739, The Mejelle; Anderson, op. cit., p. 69). Juristic theory relating to testimony. Testimony of a witness (sha'dat) is a juristic act of the category of information (akhabarat). When a right is originated or translated either by an event of nature or act

of man, it is the State as representative of the community that gives effect to such a fact when it occurs. When a fact has given rise to a right of an individual, the State takes notice of it when moved by him and when to a right of its own it takes notice of it of its own motion. But in either case, the official of the State in this connection, that is, the Judge, if he himself has no personal knowledge of the occurrence which he mostly has not, has to depend upon information or evidence. This information may be supplied either by the statements of someone who perceived the fact or by perceptible signs or traces accompanying or immediately following the event or by both. If the fact is of an imperceptible nature or all traces of it have been removed or disappeared, it is necessarily beyond the ken of a human tribunal. For this reason there can generally speaking, be no evidence of a bare negation or denial (Rahim, op. cit., pp. 374-375 citing Al-Majallah, p. 289). When a perceptible fact originating or translating a certain right has occurred, it is a right as well as duty of every member of the society who perceived it to give information of it to the State. But as the witness may choose not to give a correct account of what happened and such account alone can be said to be information, the duty or obligation to give evidence is regarded as of an imperfect character so far as its enforcement by the human tribunals is concerned. False testimony is not regarded as evidence by Muhammadan jurists, as the very object of information is to disclose what occured. In fact, according to them, false testimony or false evidence or false information would be a contradiction of terms (Rahim, Ibid. citing Fathu'l Qadir, Vol. vi, p. 446). The necessity for evidence mostly arises when the fact in question has originated a right in some one against another and the latter denies it. And as it is in the very conception of evidence that it gives information of that fact, its practical effect is to originate liability against the person of

incidence taking the place of the fact itself so far as a human tribunal is concerned. The Muhammadan jurists, therefore, say that to give evidence is the right of a person who has seen an occurrence to fasten liability upon the person against whom a right is claimed. So far as the Court is concerned, its only function is to enforce such liability on a demand to that effect being made by the claimant and on being furnished with the information or proof. The right of the witness, however, is to give true evidence (shahadat) but as men do not always give correct information either from error of perception or some moral aberration, it is incumbent on the law to take precautions with a view to prevent the Court as far as possible from being misled by falsehoods (Rahim, Ibid., pp. 375-376). True information alone being regarded as evidence, there can be no conflict of evidence though there may be conflicts of statements, one of which alone can be called evidence, the other being either a falsehood or an error. As regards falsehoods or errors it cannot be the right or duty of any one to place them before the Court nor can the Court admit them. Hence, on principle, evidence relating to a fact must necessarily, according to Muhammadan jurists, be one-sided. Having regard to these principles, the law makes provisions for excluding as far as possible mistakes and falsehoods. Some of these are mere matters of procedure, but the others indicate the nature and extent of testimony as a juristic act (Rahim, Ibid.) Different kinds of testimony. The highest kind of oral testimony having regard to its value as a proof is known as tawatur or universal testimony. Such proof consists of information given by such large body of men that our reason cannot conceive that they would combine in a falsehood or agree in an error. When testimony is not of this notorious and universal character it is called isolated or single testimony. When a

man testifies against himself in support of a claim made against him, it is called admission (Rahim, Ibid.). Conditions relating to capacity of a witness. Regard being had on the various reasons which induce men to tell falsehoods or the circumstances which prevent them from giving correct and reliable information, the law insists upon certain conditions as necessary for a juristic act of this class namely: (a) Freedom from bias and prejudice; hence, testimony is not admitted of the father in favor of the son and viceversa, of a slave in favour of his master, or parties in support of their own case, of a person who bears a grudge against the opposite party, of a non-Muslim against a Muslim and so on. (b) General reliability of character; hence, persons carrying on certain professions of a degrading nature, such as professional dancers, persons known to be habitual liars, drunkards or gamblers, persons who are not of virtuous character being in the habit of committing such breaches of religious injunctions as would entail hadd, that is, men who are fasiq, or opposed to a'dil or as the compilers of the AlMajallah, those whose bad actions outweigh their good ones and unscrupulous officers employed for purposes of oppression are not admitted as witnesses. Abu Yusuf is, however, of the opinion that though a man be not of virtuous character, yet if he is of such a position in life that he is unlikely to depose to falsehood, he ought to be admitted as a witness. (c) Maturity of the understanding and power of perception; thus, a small child, a lunatic, or a blindman in matters which have to be proved by ocular testimony, are declared unfit for giving testimony (Rahim, Ibid., pp. 376-377).

As further precaution against the chances of mistake or false testimony and also because otherwise there would be the word of one man against another, testimony of a single witness is generally regarded as insufficient to prove a claim. Hence, claims belonging to the category of rights of men are not established except by the testimony of two male or one male and two female witnesses. But certain matters which women alone are likely to know such as whether a particular child was born to a particular woman, can be proved even by the testimony of a single woman. Matters which are of the category of a public right and require absolute certainty of proof, such as offenses entailing the punishment of hadd can only be proved by the testimony of two male witnesses and in one case, namely, that of whoredom by four male witnesses. A woman is regarded as of inferior competence in respect of giving evidence because of her weak character (Rahim, Ibid.). In criminal law, hadd means an unalterable punishment prescribed by God for certain specific offenses (Anderson, op. cit., p. 362). It also signifies a crime for which punishment is fixed by the Holy Qur'an or Sunnah of the Holy Prophet (pbuh) (Dr. Anwarullah, p. 3). Inquiry into the competency of a witness. It is one of the important duties of a Judge, if the witness who is put forward by the party going into evidence as eligible, has given relevant evidence against the opposite party and the latter challenges the evidence by alleging that his evidence is false or due to his having forgotten the occurrence, to make inquiries into the witness's competence and particularly as to the fact of his being a man of rectitude. The inquiry is to be made by him either privately or in Court with the help of persons whom he knows to be reliable and who are acquainted with the life and character of the witness cited. The other party is also at liberty to take

exception or objection (jarh, tan) to such evidence by showing that the witness is disqualified such as by reason of bias or interest or otherwise. Public investigation into a witness's character which prevailed in the early days of Islam has, it is said, been discontinued because of the strifes and disturbances which it led to (Fathu'l Qadir, vol. vi, pp. 453-9; Hedaya, vol vi, pp. 458-9). If a witness is a stranger to the place the Qadi of the locality where he resides should be asked to make the inquiry. The Qadis are also required to keep a register of persons who are proved to be a'dil or men of rectitude and to revise the register from time to time (Rahim, op. cit., p. 378). Direct and hearsay testimony. Again direct testimony alone, generally speaking, has any probative value. Hence, a fact must be proved by an eyewitness if it be one which could be seen, or if it consisted of spoken words, by the person who heard them. But sometimes indirect testimony is also admitted. For instance, the facts of paternity, death, marriage, appointment of a Qadi, can be proved by a person who received information with regard to them from men of reliable character (Hedaya, vol. vi., pp. 466-7; Al-Majallah, pp. 287-288). Even in those matters a mere statement by a witness that he heard so and so will not be accepted but he must be able to depose to the fact itself, for instance, that on a particular date so and so was the Qadi of such a place or so and so died on such date and that he knew it although his knowledge might be based on hearsay. In other words, his information must have produced such belief in his mind as to be accepted by himself as knowledge. Similarly, if he says "I did not see this but know it" and it is a notorious fact the statement will be accepted. Such evidence is also admissible to prove the fact or a property being waqf but not to prove the conditions of the grant (Hedaya, vol. vi, p.

469). If a person sees another in possession of a property other than a slave, he would be justified in deposing that it belongs to the man in possession because possession indicates ownership (Rahim, Ibid., pp. 378-9 citing Hedaya, vol. vi, p. 469). It may sometimes happen that the person who witnessed a transaction may not be available owing to their being dead or being at such a great distance that it is not practicable to produce them; then evidence may be received of a person who heard them state that they witnessed the transaction. This is called "evidence of testimony" (shahadut ala shahadut), and is allowed by juristic equity because of necessity (Rahim, Ibid.). Testimony must agree with claim. Legal testimony must also agree with the claim; otherwise it has no effect. For instance, when the claim is that a certain property has belonged to the plaintiff for two years and his witnesses say that it has been his for above two years, it will not be accepted; though if they had said that the property had been owned by the plaintiff for less than two years, the testimony would not be discarded, because their knowledge might have fallen short. Similarly, if a plaintiff claims a thousand rupees and the witnesses speak to five hundred, the evidence will be accepted for five hundred, but not if they speak to more than a thousand. Suppose a man's claim is for thousand rupees for property sold and the witnesses depose that the defendant owes thousand rupees to the plaintiff on account of a loan, it will not be accepted. (Al-Majallah, p. 291). Similarly, if there is conflict of testimony among the witnesses of the claimant such evidence will be rejected (Rahim, op cit.). If the evidence be opposed to a visible or notorious fact it will have no operation (Ibid.). Preference of proof.

Suppose both the parties make contradictory allegations of a positive nature in relation to the same matter and both are prepared to adduce proof, the question then arises whose proof is to be preferred or heard (tarjihu'l-bayyinat). The general rule is that the evidence of the party whose allegation is supported by certain general presumptions (istishabul-hal) will be preferred. The Court, as we have seen, cannot hear evidence in support of the allegations of both, because the allegation of one must be false and the testimony in support of it cannot be information or evidence. Thus, if one person wishes to produce evidence that a person was in good health at a particular time and the opposite party wants to prove that he was then seized with death-illness, there being nothing else, the evidence of the former will be accepted in preference to that of the latter. The reason is that in the absence of proof to the contrary a man will be supposed to continue in good health. Similarly, evidence of the party who wants to prove that a man was possessed of understanding will be heard in preference to that of the party who alleges that he was insane or idiotic at a particular time. The evidence that a certain property was purchased will be preferred to the evidence that it was a gift or a pledge or hired, and the evidence that it was hired would be preferred to the evidence that it was a pledge (Rahim, Ibid., pp. 379-380). If both the parties are in possession of a certain property and one of them claims that it belongs exclusively to him and the other alleges that it belongs to them jointly, the evidence of the former will be heard, the reason being that his right is partially admitted by the latter. If, on the other hand, both claimed exclusive rights, they will be declared to be joint owners as there is no reason for preferring the proof of one to that of the other (Rahim, Ibid.). When the word of one party is to be accepted.

In certain cases where both the parties are unable to adduce proof, but there is a presumption in favour of the allegation of one of them arising from circumstances (tahkim-ul-hal), the statement of that party is to be accepted. In such cases the law will sometimes require the party in whose favour the presumption is raised to take the oath and sometimes not. For instance, when there is a dispute between the husband and the wife regarding certain goods in the house, if they are articles like swords and lances and the like, they will be presumed to belong to the husband and his word will be accepted and a decree will be made in his favour if the wife is to adduce any proof and the husband is prepared to take the oath. A similar presumption will be made in favour of the wife in respect of things like household utensils, carpets, and so on. If a donor applies for revocation of his gift and the donee says that the thing has perished, his word is to be accepted without his being asked to take the oath. If a bailee says that he has returned the goods entrusted to him, his word is to be accepted if he takes the oath. If a Christian dies and his wife alleges that she became Muhammadan after his death, but his heirs say that she became a convert to Islam before his death, the statement of the heirs is to be accepted. The reason is that, at the time the woman comes to Court, she being a Muhammadan, this fact confirms the allegation of the heirs (Rahim, Ibid. citing Hedaya, vol. vi, p. 425). Sometimes when the parties to a transaction cannot agree and neither of them is able to adduce evidence, but both are prepared to take the oath in support of their respective allegations, the Court will set aside the transaction itself. For instance, when the vendor and the buyer of an article cannot agree as to the amount of consideration or as to thing sold or both, and none of them can adduce evidence, but both are prepared to take the oath in support of their allegations, the Court will set aside the sale. The reason is that there is no

ground for preferring the bare statement of the one to that of the other (Ibid.). Circumstantial evidence. Besides human testimony, facts and circumstances (qarinat) may also be relied upon as proof. But circumstantial evidence will only be acted upon if it is of a conclusive nature (qatia'tun). For instance, if a person is seen coming out from an unoccupied house in fear and anxiety with a knife covered with blood in his hand and in the house a dead body is found with its throat cut, these facts will be regarded as a proof that the person who was seen coming out murdered him (Rahim, Ibid., pp. 381-382; The Mejelle, p. 306). In other words, circumstantial evidence is admissible in evidence if it partakes of a complete presumptive proof which is an inference which attains the degree of positive knowledge (Art. l74l, The Mejelle). Retraction of testimony. The juristic effect of testimony may be revoked by the witness himself by retraction of what he testified to. Such retraction must be made in Court, otherwise it will not be taken into account at all. If the witnesses retract their testimony before the order is passed, such testimony will be rejected, but if afterwards, it will not affect the order. If in the last case their evidence has caused any loss, the witnesses will be held liable (Rahim, loc. cit.). Admission. When a man testifies against himself in support of a claim made against him, it is called admission. The Court generally accepts an admission without requiring any further proof from the claimant. An admission must, however, be unconditional, and it must be voluntary, so that if obtained by coercion it is not binding nor if made in jest.

Similarly, if the fact admitted is contradicted by apparent and obvious circumstances of the person making the admission, it will not be accepted (Rahim, Ibid., pp. 376382). Requisites for the admissibility of an admission. The requirements for the admissibility of an admission are as follows: (1) The admitter must be sane; (2) He must be of age; (3) His admission must be voluntary; (4) He can lawfully transact business; and (5) He must not be known or popularly identified in telling lies (Alauya, pp. 44-45). Documentary evidence. Sometimes documents are accepted as a substitute for oral testimony. But the Court is not to act on a sealed deed or any other documents unless it is free from the suspicion of being forged and is such as it customary for people to enter their transactions therein. For instance, official documents and the records of a Court of Justice can be accepted. Books of accounts kept in the court of business and documents executed in the presence of two witnesses are also admitted in evidence (Rahim, loc. cit., citing "Fatawa" "Alamgiri", vol. iii, p. 534; Al Majallalh, p. 297). With the present trend in the modern world, official records or public documents are now admissible in evidence provided that it is completely devoid of forgery and falsification and is not fabricated to prejudice the interest of the other (Alauya, op. cit., p. 55 citing Sabiq, vol. 3, p. 348).

Private documents are likewise admissible in evidence. The Holy Qur'an enjoins parties to reduce their transactions in writing when they deal with each other in transactions involving future obligations in a fixed period of time (Holy Qur'an, 2:282). Such a written document is more suitable as evidence and more convenient to prevent doubts (Ali, Yusuf, Commentaries on the Holy Qur’an, p. 113). Evidence by an Expert. One of the sources of proof of crime or a right in Islamic law is evidence by expert i.e. expert opinion. Expert's evidence means the testimony which is given in relation to some scientific, technical or professional matter by experts i.e. persons qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject (Dr. Anwarullah, op. cit. p. 70). Islamic law gives due importance to opinion of experts. Allah (saw) said 'we granted inspiration: if ye realize this not, ask of those who have knowledge' (Holy Qur'an, 16:43). The Sunnah of the Prophet has also recognized expert's evidence (Dr. Anwarullah, loc. cit). Thus, Muslim jurists are of the opinion that when a judge falls in any difficulty in some scientific, technical or professional matter, he should seek the opinion of the expert to determine the fact in issue (Ibid., p. 72). Thus, one jurist especially adverted to the point of expert opinion saying that the opinion of masons or architects in cases of disputes involving buildings, the opinions of tradesmen in cases of rice and value of things and the opinions of medical practitioners in matters concerning medical science are admissible in evidence (Ibn Farhun, Tabsirah, II, 7477). Estoppel.

The law sometimes does not allow evidence being given of a certain fact having regard to the conduct of the party desiring to adduce such evidence. This is called bayanu'd darurat which corresponds to estoppel to the English law. For instance, if the owner of a certain property sees another person selling it and keeps quiet, he will not be allowed to prove that the man who purported to sell was not authorized by him to do so (Rahim, p. 382). (Back to top) Section 18. Suppletory Rule in Special Offenses. -Subject to the next preceding section, all special cases or offenses cognizable by the court may be filed in such form and head 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. COMMENTS: Form and head, governing law. The form and head of the cases and offenses cognizable by the Shari'a courts shall be in accordance with applicable laws and the Rules of Court. The principles of Muslim Law may be applied in a suppletory manner. Offenses cognizable by the Shari'a courts. The offenses under PD l083 cognizable by the Shari'a Courts are quite few, namely: (1) Illegal solemnization of marriage (Art. l8l, PD l083); (2) Marriage before expiration of 'idda (Art. l82, Ibid.); (3) Offenses relative to subsequent marriage, divorce, and revocation of divorce (Art. l83, Ibid.); (4) Failure to report for registration (Art. l84, Ibid); and

(5) Neglect of duty by registrars (Art. l85, Ibid.). (Back to top)

PART IV ARBITRATION PROCEEDINGS Section 19. Agama Arbitration, how conducted. -- 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. COMMENTS: Constitution of the Council. The Shari'a District Court or the Sharia Circuit Court may, in appropriate cases, constitute an Agama Arbitration council in the manner specified in Title II of PD L083. (Art. l60, PD l083). Within seven days from the receipt of the notice filed by the Muslim husband who pronounced talaq to his wife, the Clerk of the Shari'a Circuit Court shall require each of the parties (the husband and the wife) to nominate a representative. The representatives shall be appointed by the Court to constitute, together with the Clerk of Court as Chairman, an Agama Arbitration Council. The Agama Arbitration Council shall submit to the Court a report on the result of the arbitration, on the basis of which and such other evidence as may be allowed, the Court shall issue the corresponding order. This should also be observed should the wife exercise the delegated right to repudiate the marriage (tafwid) (Art. l6l, Ibid.).

The same manner of constitution shall be followed should a Muslim husband desiring to contract a subsequent marriage files a written notice thereof and the wife or any of the wives objects (Art. l62, Ibid.). Section 20. Effectivity. -- These special rules of procedures shall take effect immediately. Approved unanimously, September 20, 1983. (Back to top) ####

APPENDIX A— Presidential Decree No. 1083 A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES WHEREAS, pursuant to the spirit of the provision of the Constitution of the Philippines that, in order to promote the advancement and effective participation of the National Cultural Communities in the building of the New Society, the State shall consider their customs, traditions, beliefs and interests in the formulation and implementation of its policies; WHEREAS, Islamic law and its principles of equity and justice, to which the Filipino Muslim communities adhere, provide an essential basis for the fuller development of said communities in relation to the search for harmonious relations of all segments of the Filipino nation to enhance national unity; WHEREAS, the enforcement, with the full sanction of the State, of the legal system of the Filipino Muslims shall redound to the attainment of a more ordered life amongst them; WHEREAS, it is the intense desire of the New Society to strengthen all the ethno-linguistic communities in the Philippines within the context of their respective ways of life in order to bring about a cumulative result satisfying the requirements of national solidarity and social justice; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution of the

Philippines, do hereby ordain and promulgate the "Code of Muslim Personal Laws of the Philippines" as part of the law of the land hereby decree: BOOK ONE GENERAL PROVISIONS TITLE I TITLE AND PURPOSES OF CODE Article 1. Title. This decree shall be known as the "Code of Muslim Personal Laws of the Philippines." Article 2. Purpose of Code. Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "The State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies," this Code: (a) Recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective; (b) Codifies Muslim personal laws; and (c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims. TITLE II. CONSTRUCTION OF CODE AND DEFINITION OF TERMS Article 3. Conflict of provisions. (1) In case of conflict between any provision of this Code and laws of general application, the former shall prevail. (2) Should the conflict be between any provision of this Code and special laws or laws of local application, the

latter shall be liberally construed in order to carry out the former. (3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-Muslim. Article 4. Construction and interpretation. (1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into consideration the primary sources of Muslim law. (2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive weight in the interpretation of Muslim law. Article 5. Proof of Muslim law and 'ada. Muslim law and 'ada not embodied in this Code shall be proven in evidence as a fact. No 'ada which is contrary to the Constitution of the Philippines, this Code, Muslim law, public order, public policy or public interest shall be given any legal effect. Article 6. Conflict in Islamic schools of law. (1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhahib), that which is in consonance with the Constitution of the Philippines, this Code, public order, public policy and public interest shall be given effect. (2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i. Article 7. Definition of terms. Unless the context otherwise provides: (a) "Agama Arbitration Council" means a body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them.

(b) "Ada" means customary law. (c) "General Register" means the General Register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under this Code. (d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca. (e) "Madhhab" (plural, Madhahib) means any of the four orthodox (Sunni) schools of Muslim law. (f) "Month" means a period of thirty days. (g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam. (h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith. (i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided for in this Code. BOOK TWO PERSONS AND FAMILY RELATIONS TITLE I CIVIL PERSONALITY (SHAKHSIYAH MADANIYA) Article 8. Legal capacity. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Article 9. Restrictions on capacity. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being deaf-mute, the condition of death-illness (marad-ul-maut), penalty, prodigality, absence, family relations, alienage, insolvency, and trusteeship. The consequences of these circumstances are governed by this Code and other Islamic laws and, in a suppletory manner, by other laws. Article 10. Personality, how acquired. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born alive, however, briefly, at the time it is completely delivered from the mother's womb. Article 11. Extinction of personality. (1) Civil personality is extinguished by death. The effect of death upon the rights and obligations of a deceased person is determined by this Code, by contract, and by will. (2) After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead. Article 12. Simultaneous death. If, as between two or more persons who are called to succeed each other, there is a doubt as to which of them died first, whoever alleges the death of one prior to the other shall prove the same; in the absence of such proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. However, the successional rights of their respective heirs shall not be affected.

TITLE II MARRIAGE AND DIVORCE Chapter One APPLICABILITY CLAUSE Article 13. Application. (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines. (2) In case of marriage between a Muslim and a nonMuslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply. (3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife parental authority, and the properly relations between husband and wife shall be governed by this Code and other applicable Muslim laws. Chapter Two MARRIAGE (NIKAH) Section 1. Requisites of Marriage Article 14. Nature. Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations of the spouses.

Article 15. Essential requisites. No marriage contract shall be perfected unless the following essential requisites are compiled with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the parties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. Article 16. Capacity to contract marriage. (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. (2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. Article 17. Marriage ceremony. No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an

instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third. Article 18. Authority to solemnize marriage. Marriage may be solemnized: (a) By the proper wali of the woman to be wedded; (b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or (c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization. Article 19. Place of solemnization. Marriage shall be solemnized publicly in any mosque, office of the Shari'a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties. Article 20. Specification of dower. The amount or value of dower may be fixed by the contracting parties (marhmusamma) before, during, or after the celebration of the marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties. Article 21. Payment of dower. Subject to the stipulation of the parties, the dower may be fully or partially paid before, during, or after the marriage. The property or estate of the husband shall be liable for the unpaid dower, or any part thereof.

Article 22. Breach of contract. Any person who has entered into a contract to marry but subsequently refuses without reasonable ground to marry the other party who is willing to perform the same shall pay the latter the expenses incurred for the preparation of the marriage and such damages as may be granted by the court. Section 2. Prohibited Marriages Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage. Article 24. Prohibition by consanguinity (tahrimjbinnasab). No marriage shall be contracted between: (a) Ascendants and descendants of any degree; (b) Brothers and sisters, whether germane, consanguine or uterine; and (c) Brothers or sisters and their descendants within the third civil degree. Article 25. Prohibition by affinity (tahrim-bill-musahara). (1) No marriage shall be contracted between: (a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree; (b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated; (c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and

(d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants. (2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship. Article 26. Prohibition due to fosterage (tahrim-bir-rada'a). (1) No person may validly contract marriage with any woman who breastfed him for at least five times within two years after his birth. (2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law. Section 3. Subsequent Marriages Article 27. By a husband. Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases. Article 28. By widow. No widow shall contract a subsequent marriage unless she has observed an 'idda of four months and ten days counted from the date of the death of her husband. If at that time the widow is pregnant, she may remarry within a reasonable time after delivery. In such case, she shall produce the corresponding death certificate. Article 29. By divorcee. (1) No woman shall contract a subsequent marriage unless she has observed an 'idda of three monthly courses counted from the date of divorce. However, if she is pregnant at the time of the divorce, she may remarry only after delivery.

(2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a better right to take her back without need of a new marriage contract. (3) Where it is indubitable that the marriage has not been consummated when the divorce was affected, no 'idda shall be required. Article 30. Marriage after three talaq. (1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by her husband, he cannot remarry her unless she shall have married another person who divorces her after consummation of the intervening marriage and the expiration of the 'idda. (2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding paragraph unless he has ascertained that there was no collusion among the parties. Section 4. Batil and Fasi Marriages Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning: (a) Those contracted contrary to Articles 23, 24, 25 and 26; (b) Those contracted in contravention of the prohibition against unlawful conjunction; and (c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them. Article 32. Fasid marriages. The following marriages shall be irregular (fasid) from their performance: (a) Those contracted with a female observing 'idda; (b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation; (d) Those contracted by a party in a condition of deathillness (marad-ul-mault) without the same being consummated; (e) Those contracted by a party in a state of ihram; and (f) Mixed marriages not allowed under Islamic law. Article 33. Validation of irregular marriages. (1) Irregular marriages may be made regular by a new marriage contract in the following cases: (a) Those referred to in Article 32(a), after the impediment has been removed; (b) Those referred to in Article 32(b), upon compliance with the requirement of Article 30; (c) Those referred to in Article 32(c), after the causes vitiating consent have ceased; (d) Those referred to in Article 32(d), in case the party recovers. (e) Those referred to in Article 32(e), when the party is no longer in a state of ihram; and (f) Those referred to in Article 32(f), after conversion to a faith that could have made the marriage valid. (2) The effects of the new marriage under the first paragraph shall retroact to the date of the celebration of the irregular marriage. Section 5. Rights and Obligations Between Spouses Article 34. Mutual rights and obligations. (1) The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. (3) The husband and the wife shall inherit from each other in accordance with this Code. (4) The husband and the wife shall have the right to divorce in accordance with this Code. Article 35. Rights and obligations of the husband. The husband shall fix the residence of the family. The court may exempt the wife from living with her husband on any of the following grounds: (a) Her dower is not satisfied in accordance with the stipulations; or (b) The conjugal dwelling is not in keeping with her social standing or is, for any reason, not safe for the members of the family or her property. Article 36. Rights and obligations of the wife. (1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary for the maintenance of the family, and the husband shall be bound to reimburse the expenses, if he has not delivered the proper sum. (2) The wife cannot, without the husband's consent, acquire any property by gratuitous title, except from her relatives who are within the prohibited degrees in marriage. (3) The wife may, with her husband's consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic modesty and virtue. However, if the husband refuses to give his consent on the

ground that his income is sufficient for the family according to its social standing or his opposition is based on serious and valid grounds, the matter shall be referred to the Agama Arbitration Council. (4) The wife shall have the right to demand the satisfaction of her mahr. (5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and administration of her exclusive property. (6) The wife shall be entitled to an equal and just treatment by the husband. Section 6. Property Relations Between Spouses Article 37. How governed. The property relations between husband and wife shall be governed in the following order: (a) By contract before or at the time of the celebration of marriage; (b) By the provisions of this Code; and (c) By custom. Article 38. Regime of property relations. The property relations between the spouses, in the absence of any stipulation to the contrary in the marriage settlements or any other contract, shall be governed by the regime of complete separation of property in accordance with this Code and, in a suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines. Article 39. Stipulation in the marriage settlements. Every stipulation in the marriage settlements or contract referred to in the preceding article shall be void and without effect whatsoever, should the marriage no take place. However, stipulations that do not depend upon the contract of marriage shall be valid.

Article 40. Ante-nuptial property. The wife shall not lose ownership and administration of all properties brought by her to the marriage in the absence of any written agreement to the contrary, and she may dispose of the same by deed or otherwise even without the consent of her husband. Article 41. Exclusive property of each spouse. The following shall be the exclusive property of either spouse: (a) Properties brought to the marriage by the husband or the wife; (b) All income derived by either spouse from any employment, occupation or trade; (c) Any money or property acquired by either spouse during marriage by lucrative title; (d) The dower (mahr) of the wife and nuptial gifts to each spouse; (e) Properties acquired by right of redemption, purchase or exchange of the exclusive property of either; and (f) All fruits of properties in the foregoing paragraphs. Article 42. Ownership and administration. Each spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property. Article 43. Household property. Household property which customarily pertains to or is used by either spouse shall be prima facie presumed to be the property of said spouse. Article 44. Right to sue and be sued. The wife may, independently of the husband, sue or be sued in the following cases: (a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property; (c) If the litigation is incidental to her profession, occupation or business; (d) If the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or (e) Such other appropriate cases as may be followed by the general principles of Islamic law and other laws. Chapter Three DIVORCE (TALAQ) Section 1. Nature and Form Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by: (a) Repudiation of the wife by the husband (talaq); (b) Vow of continence by the husband (ila); (c) Injurious assanilation of the wife by the husband (zihar); (d) Acts of imprecation (li'an); (e) Redemption by the wife (khul'); (f) Exercise by the wife of the delegated right to repudiate (tafwld); or (g) Judicial decree (faskh). Article 46. Divorce by talaq. (1) A divorce by talaq may be affected by the husband in a single repudiation of his wife during her non-menstrual period (tuhr) within which he has totally abstained from

carnal relation with her. Any number of repudiations made during one tuhr shall constitute only one repudiation and shall become irrevocable after the expiration of the prescribed 'idda. (2) A husband who repudiates his wife, either for the first or second time, shall have the right to take her back (ruju) within the prescribed 'idda by resumption of cohabitation without need of a new contract of marriage. Should he fail to do so, the repudiation shall become irrevocable (Talaq bain sugra). Article 47. Divorce by Ila. Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing. Article 48. Divorce by zihar. Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of marriage, they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. The wife may ask the court to require her husband to perform the expiationor to pronounce the a regular talaq should he fail or refuse to do so, without prejudice to her right of seeking other appropriate remedies. Article 49. Divorce by li'an. Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li'an). Article 50. Divorce by khul'. The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul') from the marriage bond, petition the court for divorce. The court

shall, in meritorious cases and after fixing consideration, issue the corresponding decree.

the

Article 51. Divorce by tafwid. If the husband has delegated (tafwid) to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself. Article 52. Divorce by faskh. The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds : (a) Neglect or failure of the husband to provide support for the family for at least six consecutive months; (b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year; (c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code; (d) Impotency of the husband; (e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family; (f) Unusual cruelty of the husband as defined under the next succeeding article; or (g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali. Article 53. Faskh on the ground of unusual cruelty. A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife if the husband:

(a)Habitually assaults her or makes her life miserable by cruel conduct even if this does not result in physical injury; (b) Associates with persons of ill-repute or leads an infamous life or attempts to force the wife to live an immoral life; (c) Compels her to dispose of her exclusive property or prevents her from exercising her legal rights over it; (d) Obstructs her in the observance of her religious practices; or (e) Does not treat her justly and equitably as enjoined by Islamic law. Article 54. Effects of irrevocable talaq or faskh. A talaq or faskh, as soon as it becomes irrevocable, shall have the following effects: (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code; (b) The spouses shall lose their mutual rights of inheritance; (c) The custody of children shall be determined in accordance with Article 78 of this code; (d) The wife shall be entitled to recover from the husband her whole dower in case the talaq has been affected after the consummation of the marriage, or one-half thereof if effected before its consummation; (e) The husband shall not be discharged from his obligation to give support in accordance with Article 67; and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated. Article 55. Effects of other kinds of divorce. The provisions of the article immediately preceding shall apply to the

dissolution, of marriage by ila, zihar, li'an and khul', subject to the effects of compliance with the requirements of the Islamic law relative to such divorces. Section 2. 'idda Article 56. 'idda defined. 'idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the completion of which shall enable her to contract a new marriage. Article 57. Period. (1) Every wife shall be obliged to observe 'idda as follows: (a) In case of dissolution of marriage by death, four months and ten days counted from the death of her husband; (b) In case of termination of marriage by divorce, for three monthly courses; or (c) In case of a pregnant women, for a period extending until her delivery. (2) Should the husband die while the wife is observing 'idda for divorce, another 'idda for death shall be observed in accordance with paragraph 1(a).

TITLE III PATERNITY AND FILIATION Article 58. Legitimacy, how established. Legitimacy of filiation is established by evidence of valid marriage between the father and the mother at the time of the conception of the child. Article 59. Legitimate children. (1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy of or impugns such filiation must prove his allegation. (2) Children born after six months following the consummation of marriage or with two years after the dissolution of the marriage shall be presumed to be legitimate. Against this presumption no evidence shall be admitted other than that of the physical impossibility of access between the parents at or about the time of the conception of the child. Article 60. Children of subsequent marriage. Should the marriage be dissolved and the wife contracts another marriage after the expiration of her 'idda, the child born within six months from the dissolution of the prior marriage shall be presumed to have been conceived during the former marriage, and if born thereafter, during the later. Article 61. Pregnancy after dissolution. If, after the dissolution of marriage, the wife believes that she is pregnant by her former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs may ask the court to take measures to prevent a simulation of birth. Article 62. Rights of legitimate child. A legitimate child shall have the right:

(a) To bear the surnames of the father and of the mother; (b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and 68; and (c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his favor. Article 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish paternity and confer upon each the right inherit from the other exclusively in accordance with Article 94, provided the following conditions are complied with: (a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the child who does not impugn it; and (b) The relations does not appear impossible by reason of disparity in age. Article 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a legitimate child under Muslim law, except that said person may receive a gift (hiba).

TITLE IV SUPPORT (NAFAQA) Article 65. Support defined. Support (nafaqa) includes everything that is indispensable for sustenance, dwelling, clothing and medical attendance according to the social standing of the person obliged to give it, and the education of the person entitled to the support until he completes his education, training, or vocation even beyond the age of majority. Article 66. Amount. The amount of support shall be in proportion to the resources of the giver and to the needs of the recipient. Article 67. Support for wife and infant. (1) The wife shall be entitled to support during the marriage. In cases of divorce, (talaq), her right shall be extended up to the expiration of the 'idda. However, in case the wife is pregnant at the time of the separation, she shall be entitled to support until delivery. (2) Any divorced nursing mother who continues to breastfeed her child for two years shall be entitled to support until the time of weaning. Article 68. Support between ascendants and descendants. The ascendants and descendants shall be obliged to support each other in the order in which they are called to succeed by intestacy the person who has a right to claim support. Article 69. Payment. (1) The obligation to support shall be demandable from the time the recipient needs it for maintenance, but it shall not be paid except from the date it is extrajudicially demanded. (2) Payment shall be made daily, weekly or monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he had received in advance.

(3) If the recipient is the wife, the rule established in the foregoing paragraph shall apply even though the marriage is dissolved. Article 70. Extinguishment of support. The obligation to support shall cease: (a) Upon the death of the recipient; (b) When the resources of the obligor have been so reduced that he cannot give the support without neglecting his own need and those of his family, except that in the case of the spouses, the husband, though needy, is obliged to support the wife; or (c) When the recipient commits any act which would give rise to disqualification to inherit or denial of support under Muslim law.

TITLE V PARENTAL AUTHORITY Chapter One NATURE AND EFFECTS Article 71. Who exercises. (1) The father and the mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary. (2) The mother shall exercise parental authority over her children born out of wedlock, but the court may, when the best interests of the children so require, appoint a general guardian. Article 72. Duty to parents. (1) Children shall respect, revere, and obey their parents always unless the latter cast them into disbelief. (2) Grandparents are likewise entitled to respect and reverence, and shall be consulted whenever practicable by all members of the family on all important questions. Article 73. Duty to children. Every parent and every person exercising parental authority shall see to it that the rights of the children are respected, and their duties complied with, and shall particularly by precept and example, imbue them with religious and civic attachment to the ideal of permanent world peace. Article 74. Effects upon person of children. The parents have, with respect to their unemancipated children: (a) The duty to support them, have them in their company, educate and instruct them in keeping with their means and

represent them in all actions which shall redound to their benefits; and (b) The power to correct, discipline, and punish them moderately. Article 75. Effects upon property of children. (1) The father, or in his absence the mother, shall be the legal administrator of the property of the child under parental authority. If the property is worth more than five thousand pesos, the father or the mother shall give a bond to be approved by the court. (2) The court may appoint a guardian (wasi) in the absence of one who is natural or testamentary. Article 76. Parental authority non-transferable. Parental authority can neither be renounced nor transferred except as otherwise provided in this Code and the general principles of Islamic law. Article 77. Extinguishment of parental authority. (1) Parental authority terminates upon the death of the parents or the child, or upon emancipation. (2) Subject to Article 78, the widowed mother who contracts a subsequent marriage shall lose parental authority and custody over all children by the deceased husband, unless the second husband is related to them within the prohibited degrees of consanguinity. (3) The court may deprive a person of parental authority or suspend the exercise thereof if he treats his children with excessive harshness, gives then corrupting or immoral orders and counsel, or abandons them. Chapter Two CUSTODY AND GUARDIANSHIP Article 78. Care and custody.

(1) The care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay. (2) The unmarried daughter who has reached the age of puberty shall stay with the father; the son, under the same circumstances, shall stay with the mother. Article 79. Guardian for marriage (wali). The following persons shall have authority to act as guardian for marriage (wali) in the order of precedence: (a) Father (b) Paternal grandfather; (c) Brother and other paternal relatives; (d) Paternal grandfather's executor or nominee; or (e) The court. Article 80. Guardian of minor's property. The following persons shall exercise guardianship over the property of minors in the order of precedence: (a) Father; (b) Father's executor or nominee; (c) Paternal grandfather; (d) Paternal grandfather's nominee; or (e) The court.

TITLE VI CIVIL REGISTRY Chapter One REGISTRY OF CONVERSIONS

MARRIAGE,

DIVORCE

AND

Article 81. District Registrar. The Clerk of Court of the Shari' a District Court shall, in addition to his regular functions, act as District Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within the territorial jurisdiction of said court. The Clerk of Court of the Shari'a Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within his jurisdiction. Article 82. Duties of District Registrar. Every District Registrar shall exercise supervision over Circuit Registrars in every Shari'a District. He shall, in addition to an entry book, keep and bind copies of certificates of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him by the Circuit Registrars in separate general registers. He shall send copies in accordance with Act. No. 3753, as amended, to the office of the Civil Registrar-General. Article 83. Duties of Circuit Registrar. Every Circuit Registrar shall: (a) File every certificate of marriage (which shall specify the nature and amount of the dower agreed upon,) divorce or revocation of divorce and conversion and such other documents presented to him for registration; (b) Compile said certificates monthly, prepare and send any information required of him by the District Registrar; (c) Register conversions involving Islam; (d) Issue certified transcripts or copies of any certificate or document registered upon payment of the required fees;

(e) Send to the District Registrar during the first ten days of each month a copy of the entries made during the previous month; (f) Index the same for easy reference and identification in case any information is required; and (g) Administer oaths, free of charge, for civil registry purposes. Article 84. Cancellation or Correction of Entry. Any entry in the District or Circuit Register may, upon verified petition of any interested party, be corrected upon order of the Shari'a District Court, subject to the provisions of the Rules of Court. Every Registrar shall be civilly responsible for any unauthorized alteration made in the registry to any person suffering damage thereby. However, the Registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. Article 85. Registration of revocation of divorce. Within seven days after the revocation of a divorce by ruju', the husband shall, with the wife's written consent, file a statement thereof with the Circuit Registrar in whose records that divorce was previously entered. Article 86. Legal effects of registration. The books making up the registry of marriage, divorce, revocation of divorce, conversion, and all other documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However, nothing herein provided shall affect the intrinsic validity or invalidity of the acts registered. Article 87. Applicability of other civil registry law. To the extent not inconsistent with the provisions of this Code, the provisions of other registry laws governing other civil registrars shall be observed by district or circuit registrars.

Chapter Two OTHER ACTS AFFECTING CIVIL STATUS Article 88. Where registered. All other acts, events, or judicial decrees affecting civil status not mentioned in Chapter One of this Title shall be recorded in the existing civil registry of the city or municipality in accordance with special laws.

BOOK THREE SUCCESSION TITLE I GENERAL PROVISIONS Article 89. Succession defined. Succession is a mode of acquisition by virtue of which the estate of a person is transmitted to his heirs or others in accordance with this code. Article 90. Successional rights, when vested. The rights to succession are transmitted from the moment of the death of the decedent. The right to succession of any heir who predeceases the decedent shall not be transmitted by right of representation to his own heirs. Article 91. Requisites of succession. No settlement of the estate of a deceased person shall be effected unless: (a) The death of the decedent is ascertained; (b) The successor is alive at the time of the death of the decedent; and (c) The successor is not disqualified to inherit. Article 92. Inheritance (Mirath). The inheritance of a person includes all properties of any kind, movable or immovable, whether ancestral or acquired either by onerous or gratuitous title, as well as all transmissible rights and obligations at the time of his death and those that accrue thereto before partition. Article 93. Disqualifications to succession. The following shall be disqualified to succeed: (a) Those who have intentionally caused directly or indirectly the death of the decedent;

(b) Those who have committed any other act which constitutes a ground disqualification to inherent under Islamic law; and (c) Those who are so situated that they cannot inherit under Islamic law. Article 94. Succession from acknowledging person. Without prejudice to the order of succession of heirs, mutual rights of inheritance shall obtain: (a) Between the acknowledging acknowledged child; and

father

and

the

(b) Between the kinsman acknowledged through another person and the acknowledger. Article 95. Succession by illegitimate child. A child who was the cause of the mother's having been divorced by li'an shall have mutual rights of succession only with the mother and her relatives. Article 96. Succession between divorced persons. (1) The husband who divorces his wife shall have mutual rights of inheritance with her while she is observing her 'idda. After the expiration of the 'idda, there shall be no mutual rights of succession between them. (2) The husband who, while in a condition of death-illness, divorces his wife shall not inherit from her, but she shall have the right to succeed him even after the expiration of her 'idda. Article 97. Succession by conceived child. A child conceived at the time of the death of the decedent shall be considered an heir provided it be born later in accordance with Article 10; its corresponding share shall be reserved before the estate is distributed.

Article 98. Succession by absentee. The share of an heir who is missing or otherwise absent at the time of the death of the decedent shall be reserved: (a) Until he reappears and claims it; (b) Until he is proven dead; or (c) Until the lapse of ten years after which he shall be resumed dead by decree of the court. Article 99. Order of succession. The heirs of a decedent shall inherit in the following order: (a) Sharers (ashab-ul-furud) shall be entitled to fixed shares; (b) Residuaries (ashab-ul-mirath) shall be entitled to the residue; (c) In the absence of the foregoing, the distant kindred (dhaw-ul-arham) who are blood relatives but are neither sharers nor residuaries; and (d) In default of the above, the acknowledged kinsman, universal legatee, or the public treasury (bait-ul-mal), in that order. Article 100. Modes of Succession. Succession my be: (a) By will (wasiya); (b) By operation of this Code; or (c) By combination of both.

TITLE II TESTAMENTARY SUCCESSION Chapter One WILLS Article 101. Will defined. A will (wasiya) is a declaration whereby a person is permitted, with the formalities prescribed by law, to control the disposition after his death of not more than one-third of his estate, if there are heirs, or the whole of it, if there are no heirs or distant kindred. Article 102. Formalities. (1) The making of a will is strictly a personal act; it cannot be left in whole or in part to the discretion of a third person or accomplished through the instrumentality of an agent. (2) A will may be declared orally or in writing in a manner that shows clearly the intention of the testator to execute it in the presence of a least two competent, credible and disinterested witnesses. Article 103. Proof of will. (1) No nuncupative will shall pass any property of the decedent unless it is proved and allowed in accordance with a solemn oath or affirmation of all the witnesses who attested to its declaration. (2) No will of any other kind, holographic or formal, shall pass any property unless it is proved and allowed in accordance with this Code. Article 104. Testamentary wagf. An endowment for Islamic purposes to take effect after the death of the donor (wagfbill-wasiya) partakes of the nature of a testamentary disposition. Article 105. Capacity to make a will. Any person of sound and disposing mind and who is not expressly prohibited by

Islamic law may make a will. Persons of either sex under the age of puberty cannot make a will. Article 106. Disposable third. (1) The testator, in his will, cannot dispose of more than one-third of his estate. Any bequest in excess thereof shall not be given effect unless ratified by the heirs. In any case, the bequest must be accepted by the legatee. (2) A bequest to any sharer or residuary shall not be valid unless ratified by the testator's heirs existing at the time of his death. Article 107. Bequest by operation of law. Should the testator die without having made a bequest in favor of any child of his son who predeceased him, or who simultaneously dies with him, such child shall be entitled to one-third of the share that would have pertained to the father if he were alive. The parent or spouse, who is otherwise disqualified to inherit in view of Article 93 (c), shall be entitled to one-third of what he or she would have received without such qualification. Article 108. Revocation of will. Will may be expressly or impliedly revoked by the testator at any time before his death. Any waiver or restriction of this right shall be void. Article 109. Partial invalidity of will. The invalidity of one of several provisions of a will shall not result in the invalidity of the others, unless it is to be presumed that the testator would not have made such other provisions if the first invalid provision had not been made.

TITLE III LEGAL SUCCESSION Chapter One SHARES Article 110. Who are sharers. The following persons shall be entitled to the inheritance as sharers to the extent set forth in the succeeding articles: (a) The husband, the wife; (b) The father, grandmother;

the

mother,

the

grandfather,

the

(c) The daughter and the son's daughter in the direct line; (d) The full sister, the consanguine sister, the uterine sister and the uterine brother. Article 111. Share of surviving husband. The husband surviving together with a legitimate child or a child of the decedent's son shall be entitled to one-fourth of the hereditary estate; should there be no such descendants, he shall inherit one-half of the estate. Article 112. Share of surviving wife. The wife surviving together with a legitimate child or a child of the decedent's son shall be entitled to one-eight of the hereditary estate; in the absence of such descendants, she shall inherit onefourth of the estate. Article 113. Share of surviving father. The father succeeding together with the legitimate son of the decedent or a son of the decedent's son shall be entitled, as sharer, to one-sixth of the hereditary estate. The father who succeeds together with a legitimate daughter of the decedent or a daughter of the decedent's son shall inherit, as sharer, one-

sixth of the inheritance without prejudice to his share as residuary. Article 114. Share of surviving mother. The mother succeeding as sharer together with a child or a child of the decedent's son, or with two or more brothers or sisters of the decedent, shall be entitled to one-sixth of the hereditary estate. Should she survive without any such descendant or with only one brother or sister, she shall inherit one-third of the estate. Article 115. Share of paternal grandfather. The paternal grandfather succeeding together with the child of the decedent or, in default thereof, with his descendants in the direct male line however, distant, shall be entitled to onesixth of the hereditary estate. Should he survive with any sharer other than the brothers or sisters of the decedent, he shall be entitled to one-sixth without prejudice to his right as a residuary. Article 116. Share of paternal grandmother. The paternal grandmother succeeding in default of the mother, father, or intermediate grandfather of the decedent shall be entitled, as sharer, to one-sixth of the hereditary estate. Article 117. Share of surviving daughter. (1) If the decedent leaves no son but one daughter, the latter shall be entitled to inherit, as sharer , one-half of the hereditary estate. Two or more daughters shall share equally two-thirds thereof. Should one or more daughters survive with one or more sons of the decedent, the latter shall be entitled to double the share of the former. (2) Should a lone daughter of the decedent survive together with his son's daughter, the two-thirds share shall be divided between them, one-half thereof to pertain to the former and one-sixth of the latter.

Article 118. Share of son's daughter. The son's daughter shall, in the absence of any child of the decedent, be entitled to one-half of the hereditary estate. Two or more daughters of the decedent's son shall share the two-thirds of the estate per capita. Article 119. Share of full sister. Should the decedent leave neither descendant, father, nor full brother, the full sister, shall be entitled as sharer to the extent of one-half of the hereditary estate. Two or more full sisters shall inherit twothirds of the estate per capita. Article 120. Share of consanguine sister. Should the decedent leave neither descendent, full brother, nor full sister, the consanguine sister shall be entitled to one-half of the hereditary estate. Two or more consanguine sisters shall inherit two-thirds of the estate per capita. Article 121. Share of uterine brother or sister. The share of a uterine brother or sister shall be one-sixth of the hereditary estate should there be no surviving descendant, father, paternal grandfather, or full brother and sister of the decedent. Two or more uterine brothers or sisters shall inherit one-third of the estate per capita. Article 122. Participation of full brother. (1) One or more full brothers and sisters surviving together, or one or more consanguine brothers or sisters surviving together, shall participate in the hereditary estate, a brother to inherit double the share of a sister. (2) The provision of the next succeeding article notwithstanding, the full brother shall, if nothing is left for him after the distribution of shares and he survives with uterine brothers, participate with the latter in the one-third of the hereditary estate per capita.

Article 123. Exclusion among heirs. The exclusion of heirs from the inheritance shall be governed by the following rules: (a) In the same line, the relative nearest in degree excludes the more remote. (b) Full-blood relatives exclude the consanguine and the uterine. (c) Whoever is related to the decedent through any person shall not inherit while the latter is living, except in the case of a mother concurring with her children. (d) Heirs who, in a particular case, do not succeed by reason of disqualification on any ground shall not exclude others. Chapter Two RESIDUARY HEIRS Article 124. Residuaries. Any residue left after the distribution of the shares shall be partitioned among the residuaries in accordance with the following articles. An heir may succeed as residuary in his own right (asaba-binnafs), in another's right (asaba-bil-ghair), or together with another (asaba-ma'al-ghair). Article 125. Residuaries in their own right. The following persons are residuaries in their own right: (a) Male descendants of the decedent in the direct line, however, distant in degree; (b) Male ascendants of the decedent in the direct line, however distant in degree; (c) Full-blood or consanguine brothers of the decedent and their male descendants, however, distant in degree; and

(d) Full-blood or consanguine paternal uncles of the decedent and their male descendants, however distant in degree. Article 126. Residuaries in another's right. The following persons shall succeed as residuaries in another's right: (a) Daughters surviving with the son of the decedent; (b) Son's daughters surviving with their own brothers; (c) Full sisters surviving with their full brothers; and (d) Consanguine sisters surviving with their consanguine brothers. Article 127. Residuaries together with another. Full-blood or consanguine sisters, surviving with daughters of the decedent or with the son's daughters, however, distant in degree from the decedent, are residuaries together with another. Article 128. Preference among residuaries. Preference among residuaries shall be governed by the following rules: (a) The residuary nearer in degree shall be preferred to the more remote of the same class. (b) The residuary with full-blood relationship shall be preferred to those of the half-blood of the same degree of relationship in the same class. (c) The residuaries of the same class, degree and blood relationship shall share equally, subject to the rule of the male having a share double that of the female in proper cases. Article 129. Reduction of shares. If the totality of all the shares assigned to each of the sharers exceeds the whole inheritance, the shares shall be reduced proportionately. Article 130. Reversion of residue. If, after distributing the portions of the sharers, a residue is left in the inheritance

and there is no surviving residuary heir, the same shall revert in its entirety to the lone sharer or to all the sharers in proportion to their respective shares. However, the husband or the wife shall not be entitled to any part of the reverted portion as long as there are other sharers or distant kindred. Chapter Three DISTANT KINDRED (DHAW-UL-ARHAM) Article 131. Relatives included. Distant kindred includes the following : (a) The daughter's children and the children of the son's daughter and their descendants; (b) The excluded grandmother;

grandfather

and

the

excluded

(c) The sister's children, the brother's daughters, the sons of the uterine brother, and their descendants; and (d) The paternal aunts, the uterine uncles and the maternal aunts and uncles. Article 132. Extent and distribution of shares. In default of all sharers and residuaries, the distant kindred shall inherit the entire hereditary estate, the same to be distributed among them in accordance with Articles 123 and 128.

TITLE IV SETTLEMENT AND PARTITION OF ESTATE Article 133. Administration. The administration of the estate of a decedent shall, for purposes of settlement, vest at the time of his death in the executor appointed in the will or, in the absence thereof, in his heir or administrator to whom the court has granted letters of administration. Article 134. Governing school of law. (1) In every petition for probate of will or for the settlement of the estate of a descendent, all matters relating to the appointment of administrator, powers and duties of administrator or executor, the court shall take into consideration the school of law (madhhab) of the decedent. (2) If the decedent's madhhab is not known, the Shafi'i school of law may be given preference together with the special rules of procedure adopted pursuant to this Code. Article 135. Order of preference of claims. The estate of a decedent shall be applied to claims and charges in the following order: (a) unpaid taxes; (b)reasonable funeral expenses; (c) the expenses for probate, administration and other judicial expenses; (d) the debts of the decedent; (e) the legacies to the extent of the disposable one-third; (f) the distribution of shares among heirs; and (g) unpaid dower. Article 136. Liability of heirs. The liability of the heirs of a decedent for the payment of the matter's debts shall not exceed the hereditary estate. Each heir shall be liable only

for the payment of the decedent's debt in proportion to his share.

BOOK FOUR ADJUDICATION AND SETTLEMENT OF DISPUTES AND RENDITION OF LEGAL OPINIONS TITLE I THE SAHRI'A COURTS Article 137. Creation. 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 courts and the personnel thereof shall be subject to the administrative supervision of the Supreme Court. Chapter One SHARI'A DISTRICT COURTS Article 138. 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 shall comprise the Province of Sulu; (b) The Second Shari'a District, the Province of Tawi-Tawi; (c) The Third Shari'a District, the Province 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;

Article 139. Appointment of judges. The judicial function in the Shari'a District Courts shall be vested in Shari'a District judges to be appointed by the President of the Philippines. Article 140. Qualifications. 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. Article 141. 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. Article 142. Compensation. Shari'a District judges shall receive the same compensation and enjoy the same privileges as the judges of Courts of First Instance. Article 143. Original jurisdiction. (1) The Shari'a District Court shall have exclusive original jurisdiction over: (a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code; (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 this 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.

(2) 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) 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 Court; and (c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims. Article 144. Appellate jurisdiction. (1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. (2) The Shari'a District Court 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. Article 145. Finality of decision. 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. Article 146. Clerks and other subordinate employees. Shari'a District Courts shall have the same officers and other personnel as those provided by law for Courts of First Instance. 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 shall apply to those of the Shari'a District Courts. Article 147. Permanent stations; offices. (1) The Shari'a District Courts shall have their respective permanent stations in the following places: (a) First Shari'a District, Jolo, Sulu; (b) Second Shari'a District, Bongao, Tawi-Tawi; (c) Third Shari'a District, Zamboanga City; (d) Fourth Shari'a District, Marawi City; (e) Fifth Shari'a District, Cotabato City; (2) The Shari'a District Courts may hold sessions anywhere within their respective districts. (3) The provinces, cities or municipalities concerned shall provide such courts with adequate court office, supplies and equipment in accordance with the provisions of the Judiciary Law. Article 148. Special procedure. The Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate. Article 149. Applicability of other laws. The provisions of all laws relative to the Courts of First Instance shall, insofar as they are not inconsistent with this Code, be applicable to Shari'a District Courts. Chapter Two SHARI'A CIRCUIT COURTS Article 150. Where established. (1) Shari'a Circuit Courts shall be established as follows: (a) Six such 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 and 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 Province 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. Article 151. Appointment of judges. Each Shari'a Circuit Court shall be presided over by a Shari'a Circuit Judge to be appointed by the President of the Philippines. Article 152. Qualifications. No person shall be appointed judge of the Shari'a Circuit Court unless he is a naturalborn 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. Article 153. Tenure. Shari'a Circuit 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 Municipal Circuit Courts. Article 154. Compensation. Shari'a Circuit judges shall receive the same compensation and enjoy the same privileges as judges of Municipal Circuit Courts.

Article 155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive original jurisdiction over; (1) All cases involving offenses defined and punished under this Code. (2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 involving disputes relating to: (a) Marriage; (b) Divorce recognized under this Code; (c) Betrothal or breach of contract to marry; (d) Customary dower (mahr); (e) Disposition and distribution of property upon divorce; (f) Maintenance and support, and consolatory gifts, (mut'a); and (g) Restitution of marital rights. (3) All cases involving disputes relative to communal properties. Article 156. Clerks and other subordinate employees. (1) Shari'a Circuit Courts shall have the same officers and other personnel as those provided by law for Municipal Circuit Courts. (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 Municipal Circuit Courts shall apply to those of the Shari'a Circuit Courts. Article 157. Place of sessions; stations. Shari'a Circuit Court may hold session anywhere within their respective circuits, but each shall have a principal station to be fixed by the Supreme Court.

Article 158. Special procedure. The Shari'a Circuit Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate. Article 159. Applicability of other laws. The provisions of all laws relative to Municipal Circuit Courts shall, to the extent that they are not inconsistent with this Code, be applicable to the Shari'a Circuit Courts.

TITLE II THE AGAMA ARBITRATION COUNCIL Article 160. Constitution. The Shari'a District Court or the Shari'a Circuit Court may, in appropriate cases, constitute an Agama Arbitration Council in the manner specified in this Title. Article 161. Divorce by talag and tafwid. (1) Any Muslim male who has pronounced a talag shall, without delay, file with the Clerk of Court of the Shari'a Circuit Court of the place where his family resides a written notice of such fact and the circumstances attended thereto, after having served a copy thereof to the wife concerned. The talag pronounced shall not become irrevocable until after the expiration of the prescribed 'idda. The notice filed shall be conclusive evidence that talag has been pronounced. (2) Within seven days from receipt of notice, the Clerk of Court shall require each of the parties to nominate a representative. The representatives shall be appointed by the Court to constitute, together with the Clerk of Court as Chairman, an Agama Arbitration Council. The Agama Arbitration Council shall submit to the Court a report on the result of the arbitration, on the basis of which and such other evidence as may be allowed, the Court shall issue the corresponding order. (3) The provisions of this article shall be observed should the wife exercise tafwid. Article 162. Subsequent marriages. Any Muslim husband desiring to contract a subsequent marriage shall, before so doing, file a written notice thereof with the Clerk of Court of the Shari'a Circuit Court of the place where his family resides. Upon receipt of said notice, the Clerk shall serve a copy thereof to the wife or wives. Should any of them

object, an Agama Arbitration Council shall be constituted in accordance with the provisions of paragraph (2) of the preceding article. If the Agama Arbitration Council fails to obtain the wife's consent to the proposed marriage, the Court shall, subject to Article 27, decided whether or not to sustain her objection. Article 163. Offenses against customary law. The Shari'a Circuit Court, in cases involving offenses against customary law which can be settled without formal trial, may, at its discretion, direct the Shari'a Clerk of Court to constitute a council of not less than two nor more than four members, with him as chairman, to settle the case amicably.

TITLE III JURISCONSULT IN ISLAMIC LAW Article 164. Creation of office and appointment. (a) There shall be a Jurisconsult in Islamic law, who shall be appointed by the President of the Philippines and hold office for a term of seven years, without prejudice to reappointment, unless sooner removed for cause or incapacitated to discharge the duties of his office. (b) The Office of the Jurisconsult shall be under the administrative supervision of the Supreme Court of the Philippines which shall also fix its permanent station, preferably in the City of Zamboanga. Article 165. Qualifications. No person shall be appointed Jurisconsult in Islamic Law unless he is a citizen of the Philippines, at least forty years of age, of good moral character and proven integrity, and an eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence as well as proficient in Arabic. Article 166. Functions. (1) The Jurisconsult shall, on the written request of any interested party, have the authority to render legal opinions, based on recognized authorities, regarding any question relating to Muslim Law. For this purpose, he may, if he deems it necessary, consult or ask for a consensus of the 'ulama. (2) The Jurisconsult shall consider and act on every such request unless, in his opinion and for good reason, the question need not be answered. (3) The Office of the Jurisconsult shall keep a compilation and cause the publication of all his legal opinions. Article 167. Compensation. Until otherwise provided by law, the Jurisconsult shall receive an annual compensation

of forty-eight thousand pesos which shall not be diminished during his term of office. Article 168. Office personnel. The Jurisconsult may, in accordance with the Civil Service Law and subject to the approval of the Supreme Court, appoint and fix the compensation of such personnel as may be necessary for the performance of his functions.

BOOK FIVE MISCELLANEOUS AND TRANSITORY PROVISIONS TITLE I MUSLIM HOLIDAYS Article 169. Official Muslim holidays. The following are hereby recognized as legal Muslim holidays: (a) 'Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram; (b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of Rabi-ul-Awwal; (c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-seventh day of the seventh lunar month of Rajab; (d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar month of Shawwal, commemorating the end of the fasting season; and (e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja. Article 170. Provinces and cities where officially observed. (1) Muslim holidays shall be officially observed in the Provinces of Basilan, Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, TawiTawi, Zamboanga del Norte and Zamboanga del Sur, and in the Cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga and in such other Muslim provinces and cities as may hereafter be created. (2) Upon proclamation by the President of the Philippines, Muslim holidays may also be officially observed in other provinces and cities.

Article 171. Dates of observance. The dates of Muslim holidays shall be determined by the Office of the President of the Philippines in accordance with the Muslim Lunar Calendar (Hijra). Article 172. Observance of Muslim employees. (1) All Muslim government officials and employees in places other than those enumerated under Article 170 shall also be excused from reporting to office in order that they may be able to observe Muslim holidays. (2) The President of the Philippines may, by proclamation, require private offices, agencies or establishments to excuse their Muslim employees from reporting for work during a Muslim holiday without reduction in their usual compensation. TITLE II COMMUNAL PROPERTY Article 173. What constitute. The following are communal properties: (a) Customary heirloom, which shall include artifacts and ancestral implements or things of cultural value handed down from a common ancestor; (b) Ancestral property, which shall comprehend hallowed ancestral plot, ancestral shrine, royal court, and similar properties; and (c) charitable trust property. Article 174. Administration or disposition. (1) Except as otherwise provided in this Code, communal property shall be administered or disposed of in accordance with Muslim law, 'ada, and special provisions of law. (2) Any provision of existing law to the contrary notwithstanding, the trustee of any communal property

shall be the person who is in lawful possession thereof, either personally or through an agent. (3) The Shari'a Circuit Court may appoint a trustee of a communal property when there is a dispute as to its custody, possession, or administration. TITLE III CUSTOMARY CONTRACTS Article 175. How construed. Any transaction whereby one person delivers to another any real estate, plantation, orchard or any fruit-bearing property by virtue of sanda, sanla, arindao, or similar customary contract, shall be construed as a mortgage (rihan) in accordance with Muslim law. TITLE IV CONVERSIONS Article 176. Effect of registration of conversion to Islam. (1) Registration of a person's conversion to Islam shall constitute a prima facie proof that he professes Islam. (2) Whoever disputes the profession or renunciation of Islam by any person shall have the burden of proving the contrary. Article 177. Regulation on conversion. No conversion of a minor below the age of eighteen years shall be registered by the District or Circuit Registrar without the written consent or permission of the parents or guardian, except when such minor has been emancipated from paternal authority in accordance with law. Article 178. Effect of conversion to Islam on marriage. The conversion of non-Muslim spouses to Islam shall have the legal effect of ratifying their marriage as if the same had been performed in accordance with the provisions of this

Code or Muslim law, provided that there is no legal impediment to the marriage under Muslim law. Article 179. Effect of change of religion. The change of religion by a Muslim shall not have the effect of extinguishing any obligation or liability whatsoever incurred prior to said change. TITLE V PENAL PROVISIONS Chapter One RULE OF BIGAMY Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in accordance with the provisions of this Code or, before its effectivity, under Muslim law. Chapter Two SPECIFIC OFFENSES Article 181. Illegal solemnization of marriage. Any person who shall, without authority, solemnize any marriage purportedly under this Code, or shall do so in a manner contrary to the provisions thereof, shall be punished by imprisonment of not less than two months but not more than two years, or a fine of not less than two hundred pesos but not more than two thousand pesos, or both, in the discretion of the court. Article 182. Marriage before expiration of 'idda. Any widow or divorced woman who, having been married under Muslim law or under this code, contracts another marriage before the expiration of the prescribed 'idda shall suffer the penalty of a fine not exceeding five hundred pesos. Article 183. Offenses relative to subsequent marriage, divorce, and revocation of divorce. A person who falls to

comply with the requirements of Articles 85, 161, and 162 of this Code shall be penalized by arresto mayor or a fine of not less than two hundred pesos but not more than two thousand pesos, or both, in the discretion of the court. Article 184. Failure to report for registration. Except as provided in the article immediately preceding, a person who knowingly fails to perform his duty under this Code to report for registration any fact concerning the civil status of persons shall be punished by a fine of not less than one hundred pesos but not more than one thousand pesos. Article 185. Neglect of duty by registrars. Any district registrar or circuit registrar who fails to perform properly his duties in accordance with this Code shall be penalized in accordance with Section 18 of Act 3753. TITLE VI TRANSITORY AND FINAL PROVISIONS Article 186. Effect of code on past acts. (1) Acts executed prior to the effectivity of this Code shall be governed by the laws in force at the time of their execution, and nothing herein except as otherwise specifically provided, shall affect their validity or legality or operate to extinguish any right acquired or liability incurred thereby. (2) A marriage contracted by a Muslim male prior to the effectivity of this Code in accordance with non-Muslim law shall be considered as one contracted under Muslim law provided the spouses register their mutual desire to this effect. Article 187. Applicability Clause. The Civil Code of the Philippines, the Rules of Court and other existing laws, insofar as they are not inconsistent with the provisions of this Code, shall be applied suppletorily.

Article 188. Separability clause. If, for any reason, any article or provision of this Code is held to be invalid, the same shall not affect the other articles or provisions hereof. Article 189. Repealing clause. All laws, proclamations, executive orders, rules and regulations, or any part thereof, inconsistent with provisions of this Code are hereby correspondingly modified or repealed. Article 190. Effectivity. This Code shall take effect immediately. DONE in the City of Manila this 4th day of February in the year of Our Lord nineteen hundred and seventy-seven. (Back to top)

APPENDIX B— Republic Act No. 9054 AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED 'AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO', AS AMENDED PREAMBLE The people of the Autonomous Region in Muslim Mindanao, imploring the aid of Almighty God, in order to develop a just and humane society and establish a Regional Autonomous Government that is truly reflective of their ideals and aspirations within the framework of the Constitution and national sovereignty, as well as the territorial integrity of the Republic of the Philippines, and to secure to themselves and their posterity the blessings of autonomy, democracy, peace, justice and equality, do ordain and promulgate this Organic Act through the Congress of the Philippines. ARTICLE I Name and Purpose Section 1. The name of the Autonomous Region shall be the Autonomous Region in Muslim Mindanao unless provided otherwise by the Regional Assembly. The Autonomous Region in Muslim Mindanao shall be governed by the Regional Government. ARTICLE II The Autonomous Region Area and Seat of Government Section 1. Expanded Autonomous Region. (1) The Autonomous Region in Muslim Mindanao which, under the

provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, is composed of the four provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, is hereby expanded to include the provinces and cities, enumerated hereunder, which vote favorably to be included in the expanded area of the autonomous region and for other purposes, in a plebiscite called for that purpose in accordance with Sec. 18, Article X of the Constitution. The new area of autonomy shall then be determined by the provinces and cities that will vote/choose to join the said autonomy. It is understood that Congress may by law which shall be consistent with the Constitution and in accordance with the provisions of Republic Act No. 7160, the Local Government Code of 1991, provide that clusters of contiguous-Muslim-dominated municipalities voting in favor of autonomy be merged and constituted into a new province(s) which shall become part of the new Autonomous Region. (2) Plebiscite Coverage. The plebiscite shall be conducted in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Sulu, TawiTawi, Zamboanga del Norte, Zamboanga del Sur and the newly created Province of Zamboanga Sibugay, and (b) in the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, Digos, Koronadal, Tacurong and Zamboanga. (a) PLEBISCITE QUESTION FOR VOTERS OF THE FOUR ORIGINAL PROVINCES OF THE AUTONOMOUS REGION. For the voters of the provinces of Maguindanao, Lanao del Sur, Sulu and Tawi-Tawi which are already members of the autonomous region under the provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, the

question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the amendments to Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, as proposed under this Organic Act, which includes, among other things, the expansion of the area of the autonomous region? (b) PLEBISCITE QUESTION FOR THE VOTERS OF THE PROVINCES AND CITIES PROPOSED FOR INCLUSION IN THE EXPANDED AUTONOMOUS REGION. For the voters of the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del Norte, Zamboanga del Sur, and the newly created Province of Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog, Digos, Koronadal, Tacurong, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, and Zamboanga, which compose the provinces and cities that are proposed for inclusion in the expanded area of the autonomous region, the question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the inclusion of your province or city in the Autonomous Region in Muslim Mindanao? Sec. 2. Results of the Plebiscite. (a) In the four provinces. If the majority of the voters of the four provinces of Lanao del Sur Maguindanao, Sulu, and Tawi-Tawi vote in favor of the above-mentioned proposed amendments, the amendments are deemed ratified. Otherwise, the amendments are deemed rejected except as regards the inclusion of the provinces and cities that vote for their inclusion in the autonomous region as provided in this Organic Act, in which case, the said provinces and cities shall become members of the autonomous region. (b) In the provinces or cities proposed for inclusion in the expanded area of the autonomous region. A majority of the votes cast in the plebiscite in every province or city in favor

of the inclusion of the province or city as members of the expanded area of the autonomous region as provided in this Organic Act shall effect their membership in the autonomous region. Sec. 3. Seat of Autonomous Government. The regional legislative assembly, hereinafter referred to as the Regional Assembly, shall by law, fix the permanent seat of government of the regional government in any province or city that is a member of the autonomous region, taking into consideration accessibility and efficiency in which its mandate may be carried out under this Organic Act. Until the seat of the regional government is transferred as provided above, its provisional seat shall be in Cotabato City. The Regional Assembly elected after the plebiscite mentioned in this Organic Act, shall, within its term, identify the site of the permanent seat of the regional government. The central government which shall also mean the national government shall appropriate funds for the transfer of the provisional seat to its permanent site as determined by the Regional Assembly. ARTICLE III Guiding Principles and Policies Section 1. Integral Part of the Republic. The Autonomous Region in Muslim Mindanao shall remain an integral and inseparable part of the national territory of the Republic as defined by the Constitution and existing laws. The autonomous region shall be governed and administered in accordance with the laws enacted by the Regional Assembly and by this Organic Act. Sec. 2. Peaceful Settlement of Conflicts. The Regional Autonomous Government shall adopt the policy of settlement of conflicts by peaceful means, and renounce any form of lawless violence as an instrument of redress.

Sec. 3. Devolution of Powers. The regional government shall adopt a policy on local autonomy whereby regional powers shall be devolved to local government units particularly in areas of education, health, human resource, science and technology and people empowerment. Until a law implementing this provision is enacted by the Regional Assembly, Republic Act No. 7160 the Local Government Code of 1991, shall continue to apply to all the provinces, cities, municipalities, and barangay within the autonomous region. The Regional Assembly may not pass any law to diminish lessen, or reduce the powers, functions, and shares in the internal revenue taxes of the said local government units as provided by Republic Act No. 7160, the Local Government Code of 1991. Sec. 4. Charters Govern Cities. All chartered cities within the autonomous region shall continue to be governed by their charters. Nothing in this Organic Act shall be construed as to diminish the powers and functions already enjoyed by these cities. Sec. 5. Customs, Traditions, Religious Freedom Guaranteed. The beliefs, customs, and traditions of the people in the autonomous region and the free exercise of their religions as Muslims, Christians, Jews, Buddhists, or any other religious denomination in the said region are hereby recognized, protected and guaranteed. The Regional Assembly shall adopt measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions and the respective religions of the inhabitants thereof, be they Muslims, Christians, Jews, Buddhists, or any other religious denomination. The Regional Assembly, in consultation with the Supreme Court and consistent with the Constitution may formulate a Shari'ah legal system including the criminal cases which

shall be applicable in the region, only to Muslims or those who profess the Islamic faith. The representation of the regional government in the various central government or national government bodies as provided for by Article V, Sec. 5 shall be effected upon approval of the measures herein provided. 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 shall, in consultation with the Supreme Court, determine the number and specify the details of the jurisdiction of these courts. No person in the autonomous region shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage or sex. The regional government shall ensure the development, protection, and well-being of all indigenous tribal communities. Priority legislation in this regard shall be enacted for the benefit of those tribes that are in danger of extinction as determined by the Southern Philippines Cultural Commission. Sec. 6. Filipino and Islamic Values In Educational Policies. The regional government shall adopt educational policies that shall perpetuate Filipino and Islamic values and ideals and the just aspirations of the Bangsa Moro with due respect to the beliefs, customs, traditions, and religions of the other non-Muslim inhabitants of the region be they Christians, Jews, Buddhists, or of any other religious denomination. Sec. 7. Improving Status of the Marginalized. The regional government shall devote its resources to the improvement of the well-being of all its constituents, particularly the

marginalized, deprived, disadvantaged, underprivileged, disabled, and the elderly. Sec. 8. Regional Government Authority Over Natural Resources. Subject to the provisions of the Constitution and this Organic Act, the Regional Government shall have the authority, power and right to explore, develop and utilize the natural resources including surface and sub-surface rights, in-land and coastal waters, and renewable and nonrenewable resources in the autonomous region. Muslims and the other indigenous cultural communities shall, however, have priority rights to explore, develop and utilize the said resources in the areas designated as parts of their respective ancestral domains. Sec. 9. Preferential Rights of Inhabitants and Their Safeguards. The autonomous region shall provide manpower training programs, create livelihood and job opportunities, allocate equitable preferential rights to its inhabitants, and adopt laws that will safeguard the rights of workers. Sec. 10. Protection Of Women and Children. The Regional Government shall uphold and protect the fundamental rights of women and children including the right of women to engage in lawful employment. Women and children, especially orphans of tender age, shall be protected from exploitation, abuse or discrimination. Sec. 11. Enhancement of Quality of Life. The Regional Government shall provide, maintain, and ensure the delivery of, among other things, basic and responsive health programs, quality education, appropriate services, livelihood opportunities, affordable and progressive housing projects, and water resource development. It shall maintain appropriate disaster-preparedness units for immediate and effective relief services to victims of natural

and man-made calamities. It shall also ensure the rehabilitation of calamity areas and victims of calamities. Sec. 12. Progressive Tax System. The Regional Assembly shall adopt an efficient and progressive system of taxation which, among other things, shall provide incentives for the prompt payment of taxes and penalize tax evasion and delinquency. Sec. 13. Equitable Share In National Budget and Development Assistance. The central government or national government shall provide the autonomous region a proportionate and equitable share in the annual national budget and foreign assisted projects in addition to other financial assistance, support, and subsidies to accelerate its development. Whenever the Commission on Audit finds that the internal controls set up in the region are inadequate, it may require pre-audit and shall likewise conduct seminars in the communities concerned explaining the benefits and proper use of internal revenue allotments. Sec. 14. Rights to Initiatives, Consultations, Referenda and Plebiscites. Without prejudice to other rights guaranteed by the Constitution, the rights of the people of the autonomous region to initiate measures for the passage, amendment or repeal of regional or local legislation; to be consulted on matters that affect their environment; to call for a referendum on important issues affecting their lives, and, to recall regional or local officials as provided by Republic Act No. 7160, the Local Government Code of 1991, are hereby recognized. The Regional Assembly shall enact priority legislation to define such rights. Until such priority legislation is enacted, existing laws shall govern the exercise of the rights mentioned above. Sec. 15. Fundamental Rights and Duties of People. The fundamental rights and duties of the people in the

autonomous region are those defined in the Constitution and this Organic Act, the Geneva Convention, the United Nations Charter, the United Nations Declaration on the Rights of Indigenous Communities, the International Declaration on Human Rights, as well as those prescribed in all the laws, practices, and principles binding upon members of the community of nations. Sec. 16. Human Rights Commission. There is hereby created a Regional Human Rights Commission. The chair and two commissioners of the commission shall be appointed by the President upon recommendation of the Regional Governor. The composition of the commission shall reflect the ethnic distribution of the population of the autonomous region. The chair shall be a lawyer and shall be a resident of the autonomous region. The two commissioners shall, preferably, be lawyers or, at least, holders of bachelor degrees from colleges or universities recognized by the Department of Education, Culture and Sports of the central government or national government. The Regional Human Rights Commission shall perform within the autonomous region, the functions of the commission on human rights of the central government or national government. Decisions of the commission may be appealed to the Court of Appeals on questions of law. Initially, the Regional Assembly shall fix the salaries, perquisites, and privileges of the chair and the commissioners of the Commission at a level not lower than those fixed for the chair and members of the National Labor Commission. The Commission may provide additional functions to enhance and protect the human rights of all the people in the autonomous region. Thereafter, subject to availability of funds, the Regional Assembly may raise the salaries, perquisites, and privileges of the chair and commissioners.

Sec. 17. Environment Protection and Sustainable Development. The protection, rehabilitation, and the sustainable development of forests, coastal, and marine resources, including the adoption of programs and projects to ensure the maintenance of ecological balance, shall be given priority. ARTICLE IV Powers of Government Section 1. Powers and Functions. Subject to the provisions of the Constitution, the Regional Government shall exercise those powers and functions expressly granted to it in this Organic Act, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region consistent with the policy on regional and local autonomy and decentralization. The Regional Government may enact its own regional administrative code and regional local government code consistent with the Constitution. The powers and functions already vested upon and the shares of the national taxes provided by Republic Act No. 7160, the Local Government Code of 1991, to provinces, cities, municipalities, and barangay in the autonomous region shall not be reduced. Sec. 2. Corporate Entity. The autonomous region is a corporate entity with jurisdiction over all matters devolved to it by the Constitution and this Organic Act. Sec. 3. Scope of Regional Assembly Legislative Power Exceptions. The Regional Assembly may exercise legislative power in the autonomous region for the benefit of the people and for the development of the region except on the following matters: (a) Foreign affairs;

(b) National defense and security; (c) Postal service; (d) Coinage and fiscal and monetary policies; (e) Administration of justice; It may, however, legislate on matters covered by the Shari'ah. The Shari'ah shall apply only to Muslims. Its application shall be limited by pertinent constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally accepted legal principles and precepts; (f) Quarantine; (g) Customs and tariff; (h) Citizenship; (i) Naturalization, immigration and deportation; (j) General auditing; (k) National elections; (l) Maritime, land and air transportation, and communications; The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region; (m) Patents, trademarks, trade names, and copyrights; and (n) Foreign trade. Sec. 4. General Welfare Powers. Notwithstanding the limitations on the powers of the Regional Assembly as stated above, it may enact laws that promote the general welfare of the people of the autonomous region.

Sec. 5. Representation In Central government or national government Departments, Offices. As far as practicable, the autonomous region shall be represented in the departments, offices, commissions, agencies, and bureaus of the central government or national government that implement and enforce policies, programs and projects of the central government or national government in the region. Sec. 6. Eminent Domain. The Regional Government may exercise the power of eminent domain. ARTICLE V Inter-Governmental Relations Section 1. General Supervision of the President Over the Regional Governor. Consistent with the Constitution and basic policy on local autonomy, the President of the Republic shall exercise general supervision over the Regional Governor to ensure that his or her acts are within the scope of his or her powers and functions. The power of supervision of the President over the provincial governors and the mayors of the highly urbanized cities shall be exercised through the Regional Governor; over the mayors of the component cities and municipalities, through the provincial governor and over the punong barangay, through the city or municipal mayor. In addition to other acts which he or she may impose under the Constitution and this Organic Act, the President may suspend, reduce, or cancel the financial blocks or grants-inaid, funds for infrastructure, and other forms of assistance intended for the autonomous region (1) if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance

had been released or (2) when measures for the protection and enhancement of the civil, human, political or religious rights of the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and this Organic Act, are not respected or are violated or are not implemented within one (1) year from its enactment. The President may suspend the Regional Governor for a period not exceeding six (6) months for willful violation of the Constitution, this Organic Act or any existing law that applies to the autonomous region. Sec. 2. Cabinet Membership. As far as practicable, it shall be the policy of the national government that there shall be at least one (1) member of the cabinet with a rank of a department secretary who is an inhabitant of the autonomous region to be recommended by the Regional Governor in consultation with elected officials and concerned sectors of the autonomous region. Sec. 3. Shari'ah and Tribal Courts; Coordination With Central Government or National Government. The Regional Government shall maintain close coordination with the central government or national government for an effective administration of justice in the autonomous region. Sec. 4. Representation of Autonomous Region in General in the Central Government or National Government. Representation of the inhabitants of the autonomous region in the central government or national government may be done by appointment or election. Appointment of inhabitants of the autonomous region to positions in the central government or national government shall be subject to central government or national government standards and guidelines. Such appointment shall be made only upon recommendation by the Regional

Governor after consultation with the Regional Assembly and the concerned sectors of the autonomous region. Right of representation shall not be construed in such a way that applicants from the autonomous region, especially Muslims and cultural communities, for lower positions in the above organs of the government cannot be appointed anymore thereto. Election of legislators to represent the autonomous region in the Congress of the Republic shall be done pursuant to the rules of the Commission on Elections. Sec. 5. Representatives In Executive Departments and Constitutional Bodies. At least, one (1) qualified inhabitant of the autonomous region recommended by the Regional Governor in consultation with the Regional Assembly and concerned sectors of the autonomous region shall be appointed, as far as practicable, in each of the departments, offices or bureaus and constitutional bodies of the central government or national government that deal with the autonomous region, in primarily confidential, highly technical, or policy-determining positions. Sec. 6. Ex Officio Member of the National Security Council. The Regional Governor shall be an ex officio member of the National Security Council on matters concerning the autonomous region and such other matters as may be determined by the President. Sec. 7. Representatives In Government-Owned OrControlled Corporations. The Regional Government shall be represented in the board of directors or in the policymaking bodies of government-owned-and-controlled corporations that operate businesses directly or through their subsidiaries in the autonomous region. ARTICLE VI

The Legislative Department Section 1. Regional Assembly. The legislative power of the autonomous government shall be vested in the Regional Assembly except to the extent that it is reserved to the people by provisions on initiative and referendum as provided by law. Sec. 2. Election of Regional Assembly. The Regional Assembly shall be composed of Members elected by popular vote, with three (3) members elected from each of the legislative districts. Sec. 3. Sectoral Representatives. There shall be sectoral representatives in the Regional Assembly whose number shall not exceed fifteen percent (15%) of the total number of elected members of the Regional Assembly coming from the agricultural, labor, urban poor, disabled, indigenous cultural communities, youth, and women sectors. The Regional Assembly may enact legislation to provide for the representation of other sectors. The youth representative shall not be less than eighteen (18) years of age nor more than twenty-one (21) years of age at the time of his or her assumption to office. The sectoral representatives shall be entitled to the same salary and allowances and rights and privileges enjoyed by the regularly elected members of the Regional Assembly. They shall be elected on the same date as that fixed for the election of the members of the Regional Assembly. Sec. 4. Term of Office. The members of the Regional Assembly, including the sectoral representatives, shall have a term of three (3) years which shall begin, at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter.

No member of the Regional Assembly shall serve more than three (3) consecutive terms. Voluntary renunciation of or removal from office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Sec. 5. Filling of Vacancy. In case of vacancy in the Regional Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law. The member elected shall serve only for the unexpired term. Sec. 6. Qualifications of Members of Regional Assembly. No person shall be a member of the Regional Assembly unless he or she is: (1) A natural-born citizen of the Philippines; (2) At least twenty-one (21) years of age on the day of the election; (3) Able to read and write; (4) A registered voter of the district in which he or she shall be elected on the day he or she files his or her certificate of candidacy; and (5) A resident thereof for a period of not less than five (5) years immediately preceding the day of the election. Sec. 7. Oath of Office. Every member of the Regional Assembly shall take an oath or affirmation of allegiance to the Republic, renounce the use of violence, and commit himself or herself to democratic means in the pursuit of the ideals and aspirations of the people of the autonomous region before taking his or her seat. Sec. 8. Salaries. Unless otherwise provided by the Regional Assembly, a member of the Regional Assembly shall receive an annual salary of One hundred eighty thousand

pesos (P180,000.00) except the Speaker of the Regional Assembly who shall receive an annual salary of Two hundred thousand pesos (P200,000.00), subject to the Salary Standardization Law. The annual compensation of the Speaker and Members of the Regional Assembly may be increased by the Regional Assembly in accordance with existing laws on position classification and compensation of the central government or national government. The increase shall, however, not take effect until after the expiration of the terms of office of the members of the assembly who had approved the increase. The increase shall be funded solely from revenue raised by the Regional Government. No funds or parts thereof provided by the central government or national government for the Regional Government shall be used for salaries, honoraria, per diems or to increase the salaries, honoraria or per diems of the officials or employees of the Regional Government. They shall not receive during their tenure other emoluments from the Regional Government or from the central government or national government. Sec. 9. Forfeiture of Seat. Any member of the Regional Assembly who accepts an appointment and qualifies for any position in the Government, including governmentowned-or-controlled corporations or institutions and their subsidiaries, shall automatically forfeit his or her seat in the Regional Assembly. Sec. 10. Disclosure of Financial or Business Interests. All members of the Regional Assembly shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and unmarried children under eighteen (18) years of age living in their households. They shall notify the assembly of any potential conflict of interest that may arise

from the filing of measures of which they are authors upon the filing thereof. Any member found guilty of non-disclosure as required under this Sec. may be expelled by a two-thirds (2/3) vote of all the members of the Regional Assembly, without prejudice to his or her other liabilities under pertinent legislation. Sec. 11. Prohibited Acts for Members of the Regional Assembly. No member of the Regional Assembly may personally appear as counsel before courts of justice or quasi-judicial and other administrative bodies. Neither shall the member directly or indirectly be interested financially in any contract with, or in any franchise or special privilege granted by the central government or national government or by the regional government, or any subdivision, agency or instrumentality thereof, including any governmentowned-or-controlled corporation or its subsidiary, during his or her term of office. The member shall not intervene in any manner before any office of the government for his or her pecuniary benefit or where he or she may be called upon to act on account of his or her office. Sec. 12. Parliamentary Immunity. Any member of the Regional Assembly who commits offenses within the jurisdiction of the autonomous region punishable by not more than six (6) years imprisonment, shall be privileged from arrest while the Regional Assembly is in session. No member of the Regional Assembly shall be questioned or be held liable in any other place for any speech or debate in the assembly or in any of its committees. Sec. 13. Rules of Procedure; Discipline of Members and Civil Service Rules. The Regional Assembly shall adopt its own rules of procedure by a majority vote of all its members including the selection of members of its standing

committees and for the suspension or expulsion of its members. The Regional Assembly shall elect from among its members a speaker and such other officers as the rules may provide. The Speaker shall appoint the personnel of the Regional Assembly. All qualified applicants shall have equal opportunity for employment with the regional government. Inhabitants of the autonomous region shall, however, have preference for appointment to any position in the regional government without regard to ethnic origin, culture, sex, creed, and religion. For a period not exceeding six (6) years from the date of the approval of this Organic Act, appointments to the various positions in the Regional Government shall be subject to the Civil Service law rules, and regulations of the central government or national government. Thereafter, the Civil Service law, rules, and regulations adopted by the Regional Government shall apply to all such appointments. If no Civil Service law, rules, or regulations are adopted by the Regional Government, appointments to positions in the Regional Government shall continue to be governed by the Civil Service law, rules, and regulations of the central government or national government. A majority of all the members of the Regional Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such a manner and under such penalties as the assembly may provide. The Regional Assembly or any of its committees may conduct inquiries or public consultations in aid of legislation in accordance with its rules. In connection therewith, it shall have the power to issue subpoena or subpoena duces tecum to compel the attendance of and the production of papers, documents, or things by witnesses or

persons under investigation by the assembly, itself, or by any of its committees. It shall also have the right to cite witnesses or persons under investigation for contempt for refusal to testify before it or before any of its committees or to produce papers, documents or things required by the assembly or any of its committees. The rights of persons appearing in or affected by such inquiries shall be respected. The Regional Assembly shall keep a journal of its proceedings and a record of its caucuses and meetings. The record and books of accounts of the assembly shall be preserved and open to public scrutiny. The Commission on Audit of the Regional Government shall publish an annual report of the itemized list of expenditures incurred by the members of the Regional Assembly within sixty (60) days from the end of every regular session. Sec. 14. Questioning Cabinet Members and Other Officials. The Regional Assembly may, in aid of legislation and with the express consent of the Regional Governor, require the presence of the regional cabinet members or their deputies as its rules shall provide, for questioning on matters falling within the scope of their powers and functions. The Regional Assembly may require any regional commission, office, or agency of the central government or national government with offices in the autonomous region to explain matters relating to the exercise of its powers and functions. Sec. 15. Regular and Special Sessions. Except as provided by its rules, the Regional Assembly shall meet in open session. Regular sessions shall commence on the 4th Monday of October and shall continue to be in session for such number of days as may be determined by the assembly until thirty (30) days before the opening of its next regular

session exclusive of Saturdays, Sundays, and legal holidays. The Regional Assembly may meet in special sessions at the request of one-third (1/3) of all its Members or by call of the Regional Governor. The special session shall have a specific agenda. Sec. 16. Passage of Bills. No bill shall become a law of regional application unless it has passed three (3) readings on separate days and printed copies thereof in its final form have been distributed to its members three (3) days before its passage, except when the Regional Governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Sec. 17. Approval of Bills and Overriding of Veto. Every bill passed by the Regional Assembly, shall, before it becomes a law, be presented to the Regional Governor. If the Regional Governor approves the bill, he or she shall sign it; otherwise, he or she shall veto it on the ground that it is ultra-vires or it is against public policy and return it with his or her objections to the Regional Assembly. The Regional Assembly shall, thereafter, enter the objections at large in its journal and may proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the Members of the Regional Assembly shall agree to pass the bill, it shall become a law. In such cases, the vote shall be determined by yeas and nays, and the names of the members voting for or against shall be entered in the journal. The Regional Governor shall communicate his veto of any bill to the Regional Assembly within thirty (30) days after the date of its receipt; otherwise, it shall become a law as if he had signed it. Sec. 18. Submittal of Bills to the President and Congress. The Speaker of the Regional Assembly shall within ten (10) working days from their approval thereof, submit to

the President and to both Houses of Congress a certified true copy of all laws and resolutions approved by the Regional Assembly. Sec. 19. Creation, Division or Abolition of Provinces, Cities, Municipalities or Barangay. The Regional Assembly may create; divide, merge, abolish, or substantially alter boundaries of provinces, cities, municipalities, or barangay in accordance with the criteria laid down by Republic Act No. 7160, the Local Government Code of 1991, subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected. The Regional Assembly may prescribe standards lower than those mandated by Republic Act No. 7160, the Local Government Code of 1991, in the creation, division, merger, abolition, or alteration of the boundaries of provinces, cities, municipalities, or barangay. Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are altered without observing the standards prescribed by Republic Act No. 7160, the Local Government Code of 1991, shall not be entitled to any share of the taxes that are allotted to the local governments units under the provisions of the Code. The financial requirements of the provinces, cities, municipalities, or barangay so created, divided, or merged shall be provided by the Regional Assembly out of the general funds of the Regional Government. The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the creation, division, merger, or whose boundaries are being altered as required by Republic Act No. 7160, the Local Government Code of 1991, shall, however, be observed. The Regional Assembly may also change the names of local government units, public places and institutions, and declare regional holidays.

Sec. 20. Annual Budget and Infrastructure Funds. The annual budget of the Regional Government shall be enacted by Regional Assembly. Funds for infrastructure in the autonomous region allocated by the central government or national government shall be appropriated through a Regional Assembly Public Works Act. Unless approved by the Regional Assembly, no public works funds allocated by the central government or national government for the Regional Government or allocated by the Regional Government from its own revenues may be disbursed, distributed, realigned, or used in any manner. ARTICLE VII The Executive Department Section 1. Executive Power. The executive power shall be vested in a Regional Governor. He shall be elected by the qualified voters of the autonomous region. Sec. 2. Regional Governor and Cabinet Members. The Regional Governor shall be the chief executive of the Regional Government. He shall be assisted by a cabinet not exceeding ten (10) members, at least six (6) of whom shall come from indigenous cultural communities. The representatives of the indigenous cultural communities in the cabinet shall come from various provinces and cities within the autonomous region. The members of the cabinet must be registered voters and residents of the region for at least five (5) years immediately preceding their appointments. The Regional Governor shall appoint the members of the cabinet subject to confirmation by the Regional Assembly.

Sec. 3. Qualifications of Regional Governor and Regional Vice Governor. No person may be elected Regional Governor or Regional Vice Governor of the autonomous region unless he or she is a natural-born citizen of the Philippines, a registered voter of the autonomous region, able to read and write, at least, thirty-five (35) years of age on the day of the election, and a resident of the autonomous region for, at least, one (1) year immediately preceding the election. Sec. 4. Election of Regional Governor and Regional Vice Governor. The Regional Governor and the Regional Vice Governor shall be elected as a team by the qualified voters of the autonomous region. A vote for a candidate for Regional Governor shall be counted as a vote for his teammate for Regional Vice Governor. A vote for a Regional Vice Governor shall be counted as a vote for his teammate for Regional Governor. For purposes of their election, the candidates for Regional Governor and Regional Vice Governor shall belong to the same political party or coalition of parties. The Commission on Elections shall promulgate the necessary rule or rules to give effect to this provision of law. Sec. 5. Regional Vice Governor Appointment to or Removal from the Cabinet. The Regional Vice Governor may be appointed by the Regional Governor as a member of the regional cabinet without need of confirmation by the Regional Assembly. He may be removed from office in the same manner as the Regional Governor. Sec. 6. Executive Council; Deputy Regional Governors. The Regional Governor shall appoint three (3) deputies each representing the Christians, indigenous cultural communities, and the Muslims in the region. The Regional Governor, the Regional Vice Governor, and the three (3) deputies shall comprise the executive council of the autonomous government. The executive council shall

advise the Regional Governor on matters of governance of the autonomous region. The three deputies shall be ex officio members of the regional cabinet with or without portfolio. The Regional Governor may assign powers and functions to the executive council to promote the general welfare of the people of the autonomous region subject to the laws enacted by the Regional Assembly. Unless sooner removed by the Regional Governor, the term of office of a deputy Regional Governor shall be coterminus with the term of office of the Regional Governor who appointed him or her. Sec. 7. Terms of Office of Elective Regional Officials. (1) Terms of Office. The terms of office of the Regional Governor, Regional Vice Governor and members of the Regional Assembly shall be for a period of three (3) years, which shall begin at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter. The incumbent elective officials of the autonomous region shall continue in effect until their successors are elected and qualified. (2) Term limits. No Regional Governor, Regional Vice Governor, or member of the Regional Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation of or removal from office for any length of time shall not be considered an interruption in the continuity of the service for the full term for which he or she was elected. The term limits in Republic Act No. 7160, the Local Government Code of 1991, shall apply to the governors of provinces and mayors of cities, municipalities, and punong barangay in the autonomous region. Sec. 8. Oaths or Affirmation of Office of the Regional Governor and Regional Vice Governor. Before they enter on the execution of their office, the Regional Governor and

the Regional Vice Governor shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as the Regional Governor (or the Regional Vice Governor) of the Regional Government of the Autonomous Region in Muslim Mindanao, preserve and defend the Constitution of the Republic, this Organic Act, the national and regional laws, do justice to every man, consecrate myself to the service of the autonomous region and the nation, renounce the use of violence and commit myself to democratic means in the pursuit of the ideals and aspirations of the people of the autonomous region. So help me God." (In case of affirmation, last sentence will be omitted.) Sec. 9. Compensation of Regional Governor and Vice Governor. Unless otherwise provided by the Regional Assembly, the annual compensation of the Regional Governor and Regional Vice Governor shall be Two hundred fifty thousand (P250,000.00) pesos and Two hundred thirty thousand (P230,000.00) pesos, respectively subject to the Salary Standardization Law. The compensations may be increased or decreased by the Regional Assembly subject to the existing laws on position classification and compensation. The increase or decrease of their salaries shall, however, not take effect until after their term of office during which the increase or decrease was enacted by the Regional Assembly shall have ended. They shall not receive during their tenure any other emoluments from the central government or national government or Regional Government or from any central or regional government-owned-or-controlled corporations or firms. No funds or parts thereof provided by the central government or national government for the Regional Government shall be used for salaries, honoraria, per diems, or to increase the salaries, honoraria, or per diems of

the Regional Governor, Regional Vice Governor, members of the Regional Assembly, or employees of the Regional Government Sec. 10. Regional Governor Housing and Travel Allowance. The Regional Governor shall be provided with a reasonable housing allowance by the Regional Assembly. When the Regional Governor travels outside the autonomous region, he shall be provided with reasonable travel and accommodation allowances at rates not less than what is granted to the members of the cabinet of the central government or national government. Sec. 11. Succession to Regional Governorship in Cases of Permanent Vacancy. In case of death, permanent disability, removal from office, or resignation of the Regional Governor, the Regional Vice Governor shall become the Regional Governor who shall serve for the unexpired term of the former. In case of death, permanent disability, removal from office, or the resignation of both the Regional Governor and the Regional Vice Governor, the Speaker of the Regional Assembly shall act as Regional Governor until the Regional Governor and Regional Vice Governor are elected and qualified in a special election called for the purpose. Upon his assumption as acting Regional Governor, the Speaker of the Regional Assembly shall temporarily vacate his position as such and an interim speaker shall be elected. Upon the election and assumption of office of a new Regional Governor, the Speaker shall reassume his office. No special election shall be called to fill a vacancy occurring within one (1) year immediately preceding the next regular election. Sec. 12. Succession to Regional Governorship in Cases of Temporary Incapacity. In case of temporary incapacity of the Regional Governor to perform his duties on account of

physical or legal causes, or when he is on official leave of absence or on travel outside the territorial jurisdiction of the Republic of the Philippines, the Regional Vice Governor, or if there be none or in case of his permanent or temporary incapacity or refusal to assume office, the Speaker of the Regional Assembly shall exercise the powers, duties and functions of the Regional Governor as prescribed by law enacted by the Regional Assembly or in the absence, thereof, by the pertinent provisions of Republic Act No. 7160, the Local Government Code of 1991. Sec. 13. Removal of Regional Governor or Regional Vice Governor. The Regional Governor or the Regional Vice Governor may be removed from office for culpable violation of the Constitution or this Organic Act, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust by a three-fourths (3/4) vote of all the Members of the Regional Assembly. The proceedings of the Regional Assembly for the removal of the Regional Governor or Regional Vice Governor shall be presided over by the Presiding Justice of the Court of Appeals. The Regional Assembly may initiate moves for the removal of the Regional Governor or the Regional Vice Governor under this Sec. by a majority vote of all its members. The Regional Assembly shall promulgate the necessary rules to carry out the purposes of this Sec.. The Regional Governor may also be suspended or removed by the President for culpable violation of the Constitution, treason, bribery, graft and corruption, and other high crimes. Notwithstanding the provisions of the immediately preceding paragraphs, the Regional Governor or the Regional Vice Governor may be charged criminally for any offense before the proper regional trial court. The said court

may order his or her preventive suspension from office for not more than two (2) months pending the termination of the criminal case or cases. The court may also order the removal of the Regional Governor or Regional Vice Governor from office as a part of its decision of conviction. Sec. 14. Recall of Regional Governor, Regional Vice Governor or Members of Regional Assembly. The Regional Governor, the Regional Vice Governor or members of the Regional Assembly may be recalled only once during their respective terms of office for loss of confidence. The Regional Assembly shall provide the procedure and system whereby such recall can be made. No recall shall take place within one (1) year from the date of the assumption of office of the official concerned or one (1) year immediately preceding a regional election. In the absence of the procedure and system of recall enacted by the Regional Assembly, the procedure and system of such recalls shall be governed by the provisions of Republic Act No. 7160, the Local Government Code of 1991. Sec. 15. Punishment for Disorderly Behavior. Upon the recommendation of the proper committee, the Regional Assembly may punish its members for disorderly behavior. With the concurrence of the majority of its members, the Regional Assembly may admonish, reprimand, or censure an erring member. With the concurrence of two-thirds (2/3) of all its members, it may suspend or expel such erring member. The penalty of suspension shall not exceed sixty (60) days. Sec. 16. Prohibition Against Holding of Other Offices or Conflict of Interests. The Regional Governor, the Regional Vice Governor, the members of the cabinet or their deputies shall not hold any other office or employment during their tenure. They shall not, during said tenure,

directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including government-owned-orcontrolled corporations or their subsidiaries. They shall strictly avoid conflicts of interest in the conduct of their office. The spouses and relatives by consanguinity or affinity within the fourth civil degree respectively of the Regional Governor, the Regional Vice Governor, the members of the cabinet, or their deputies shall not, during their tenure, be appointed members of the regional cabinet or chairmen of regional commissions or heads of bureaus or offices including government-owned-or-controlled corporations and their subsidiaries located in the autonomous region. Sec. 17. Appointments by Acting Regional Governor. Appointments extended by the acting Regional Governor before the assumption of office by the elected Regional Governor shall remain effective, unless revoked by the elected Regional Governor within ninety (90) days from his or her assumption of office. Sec. 18. The Regional Governor shall not issue appointments remove personnel, or, unless authorized by the Commission on Elections, undertake public works projects within the prohibited period before and after a regional election as provided by law. Sec. 19. Appointments by Regional Governor. The Regional Governor shall appoint, in addition to the members of the cabinet and their deputies, the chairmen and members of the commissions and the heads of bureaus of the Regional Government, and those whom he may be authorized by this Organic Act, or by regional law to appoint. The Regional Assembly may, by law, vest the

appointment of other officers or officials lower in rank on the heads of departments, agencies, commissions, or boards. The powers, functions, responsibilities, and structure of the departments, agencies, bureaus, offices, and instrumentalities of the Regional Government including the corporations owned-or-controlled by the Regional Government shall be prescribed and defined by the Regional Assembly. Sec. 20. Power of Regional Governor Over Commissions, Agencies, Boards, Bureaus and Offices. Subject to the exceptions provided for in this Organic Act, the Regional Governor shall have control of all the regional executive commissions, agencies, boards, bureaus, and offices. He shall ensure that laws are faithfully executed. Sec. 21. Fiscal Year; Submission of Budget. The fiscal year of the autonomous region shall cover the period January 1 to December 31 of every year. (a) Regional Budget. The Regional Governor shall submit to the Regional Assembly not later than two (2) months before the beginning of every regular sessions, as the basis of the regional appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. (b) Regional Assembly Power Over Budget. The Regional Assembly may not increase the appropriations recommended by the Regional Governor for the operation of the autonomous government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law enacted by the Regional Assembly. Pending the enactment of such law, the budgeting process shall be governed by existing laws and rules and regulations prescribed by the Department of Budget and Management.

(c) Prohibition Against Riders. No provision or enactment shall be embraced in the regional appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. (d) Procedure for Approval. In approving appropriations for its own operations, the Regional Assembly shall strictly follow the procedure for approving the appropriations for the other departments and agencies of the Regional Government. (e) Specific Purpose and Availability of Funds. A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available or to be raised by a corresponding revenue proposal as certified to by the treasurer of the Regional Government. (f) Transfer of Funds. No regional law shall be passed authorizing any transfer of appropriations. The Regional Governor, the Speaker of the assembly and the Presiding Justice of the highest Shari'ah court may, however, be authorized by law enacted by the Regional Assembly, to augment any item in the Regional General Appropriations Law for their respective offices from savings in other items of their respective appropriations. (g) Discretionary Funds. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes as evidenced by appropriate vouchers and subject to such guidelines as prescribed by law enacted by the Regional Assembly. Sec. 22. Budget Approval; Automatic Reenactment. The Regional Governor shall approve the budget of the autonomous region within one (1) month from its passage by the Regional Assembly. If, by the end of a fiscal year, the Regional Assembly shall have failed to pass the regional appropriations bill for the ensuing fiscal year, the

Regional Appropriations Act for the preceding year shall be deemed automatically reenacted and shall remain in force and effect until the regional appropriations bill is passed by the Regional Assembly. Sec. 23. Veto Power of the Regional Governor; Votes to Override. The Regional Governor shall have the power to veto any particular item or items in an appropriation or revenue bill, but the veto shall not affect the item or items to which he does not object. The Regional Assembly may override the veto by a two-thirds (2/3) vote of all its members. Sec. 24. (a) Law to Authorize Use of Money. No money shall be paid out of the regional treasury except in pursuance of an appropriation made by regional law. (b) Prohibitions Against Sectarian Purposes; Exception. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or of any priest, Imam, preacher, minister, or other religious teacher or dignitary as such, except when such priest, Imam, preacher, minister, or dignitary is assigned to the regional police force or to any penal institution, or government orphanage, or leprosarium within the region. (c) Special Fund. All money collected on any regional tax levied for a special purpose shall be treated as a special fund and paid out for such special purpose only. If the purpose for which special fund was created has been fulfilled or abandoned, the balance, if any, shall accrue to the general funds of the Regional Government. (d) Trust Funds. Trust funds shall only be paid out of the regional treasury for the specific purpose for which said funds were created or received.

(e) Authorization by Regional Governor or Representative. No funds or resources shall be disbursed unless duly approved by the Regional Governor or by his duly authorized representative. ARTICLE VIII Administration Of Justice Section 1. Exercise of Judicial Power. The judicial powers shall be vested in the Supreme Court and in such lower courts as may be established by law including the Shari'ah Courts in accordance with Sec. 5 hereof. Sec. 2. Justices from Autonomous Region. It shall be the policy of the central government or national government that, whenever feasible, at least one (1) justice in the Supreme Court and two (2) justices in the Court of Appeals shall come from qualified jurists of the autonomous region. For this purpose, the Regional Governor may after consultations with the Regional Assembly and concerned sectors in the autonomous region, submit the names of qualified persons to the Judicial and Bar Council for its consideration. The appointments of those recommended by the Regional Governor to the judicial positions mentioned above are without prejudice to appointments that may be extended to other qualified inhabitants of the autonomous region to other positions in the Judiciary. Sec. 3. Consultant to the Judicial and Bar Council. The President shall appoint a qualified person as a consultant to the Judicial and Bar Council recommended by the Regional Governor in consultation with the concerned sectors of the autonomous region. The person recommended by the Regional Governor shall first be confirmed by the Regional Assembly. Once appointed by the President, the consultant shall sit with the Judicial and Bar Council only to advise

and be consulted by the council on matters of appointments to judicial positions in the autonomous region. Sec. 4. Deputy Court Administrator. The Office of the Deputy Court Administrator for the autonomous region is hereby created. The Deputy Court Administrator for the autonomous region shall be appointed by the Chief Justice of the Supreme Court from among three recommendees submitted by the Regional Governor upon previous confirmation by the Regional Assembly and after consultation with the concerned sectors of the autonomous region. Sec. 5. Shari'ah Courts. The Regional Assembly of the autonomous region shall provide for the establishment of Shari'ah courts. Shari'ah courts existing as of the date of the approval of this Organic Act shall continue to discharge their duties. The judges thereof, may, however, be reshuffled upon recommendation of the Deputy Court Administrator of the autonomous region. Sec. 6. Shari'ah Public Assistance Office. There is hereby created a Shari'ah Public Assistance Office. The Office shall be staffed by a director and two (2) lawyers who are members of the Philippine Shari'ah bar. They may be assisted by such personnel as may be determined by the Regional Assembly. Unless otherwise provided by regional law, the compensation of the director and the Shari'ah lawyers shall be equivalent to the salary grade of a Director III and a trial lawyer of the Public Assistance Office, respectively. The Shari'ah Public Assistance Office is hereby established in each of the Shari'ah judicial districts to provide free legal assistance to poor or indigent party litigants. Sec. 7. Shari'ah Appellate Court. There is hereby created a Shari'ah Appellate Court which shall have jurisdiction over cases enumerated in Sec. 9 of this Article.

Sec. 8. Shari'ah Appellate Court Composition. The Shari'ah 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 occurrence thereof. Sec. 9. Jurisdiction of the Shari'ah Appellate Court. The Shari'ah Appellate Court shall: (a) 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 (b) Exercise exclusive appellate jurisdiction over all cases tried in the Shari'ah district courts as established by law. Sec. 10. Shari'ah Appellate Court 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. 11. Shari'ah Appellate Court Justices Qualifications and Appointments. The Justices of the Shari'ah 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. The members of the Shari'ah 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. Such appointments need no confirmation. Sec. 12. Shari'ah Appellate Court Justices Tenure of Office. The Presiding Justice and Associate Justices of the Shari'ah Appellate Court shall serve until they reach the age of seventy (70) years, unless sooner removed for cause in the

same manner as justices of the Court of Appeals or become incapacitated to discharge the duties of their office. Sec. 13. Shari'ah Appellate Court Justices Compensation. The Presiding Justice and Associate Justices of the Shari'ah 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. 14. Shari'ah Appellate Court Administrator and Clerk of Court. The Supreme Court shall, upon recommendation of the Presiding Justice of the Shari'ah Appellate Court, appoint the court administrator and clerk of court of the Appellate Court. Such other personnel as may be necessary for the Shari'ah Appellate Court shall be appointed by the Presiding Justice of said court. The pertinent provisions of existing law regarding the qualifications, appointments, compensations, functions, duties, and other matters relative to the personnel of the Court of Appeals shall apply to those of the Shari'ah Appellate Court. Sec. 15. Prohibition Against Holding of Other Offices. The Justices of the Shari'ah Appellate Court and the judges of other Shari'ah courts shall not be appointed or designated to any office or agency performing quasi-judicial or administrative functions. Sec. 16. Shari'ah Appellate Court 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. 17. Shari'ah Appellate Court Proceedings. Proceedings in the Shari'ah Appellate Court and in the Shari'ah lower courts in the autonomous region shall be governed by such special rules as the Supreme Court may promulgate.

Sec. 18. Shari'ah Courts. The Shari'ah district courts and the Shari'ah circuit courts created under existing laws shall continue to function as provided therein. The judges of the Shari'ah courts shall have the same qualifications as the judges of the regional trial courts, the metropolitan trial courts or the municipal trial courts, as the case may be. In addition, they must be learned in Islamic law and jurisprudence. Sec. 19. Tribal Courts. There is hereby created a system of tribal courts, which may include a Tribal Appellate Court, for the indigenous cultural communities in the autonomous region. These courts shall determine, settle, and decide controversies and enforce decisions involving personal and family and property rights of members of the indigenous cultural community concerned in accordance with the tribal codes of these communities. These courts may also exercise exclusive jurisdiction over crimes committed by members of indigenous cultural communities where the imposable penalty as prescribed by the Revised Penal Code or other pertinent law does not exceed imprisonment of six (6) years or a fine not exceeding Fifty thousand pesos (P50,000.00) or both such imprisonment and fine and where the offended party or parties are also members of the indigenous cultural community concerned. The Regional Assembly shall define the composition and jurisdiction of the said courts in accordance with the Constitution, existing laws, and this Organic Act. Sec. 20. Jurisconsult in Islamic Law.The Regional Assembly shall give priority consideration to the organization of the office of jurisconsult in Islamic law as established under existing law and provision for its facilities to enable the proper functioning of the office. Sec. 21. Customary Law. The Regional Assembly shall provide for the codification of indigenous laws and

compilation of customary laws of the Muslims and the indigenous cultural communities in the autonomous region. Sec. 22. Application and Interpretation of Laws. The provisions of the Muslim code and the tribal code shall be applicable only to Muslims and other members of indigenous cultural communities respectively and nothing herein shall be construed to operate to the prejudice of the non-Muslims and non-members of indigenous cultural communities. In case of conflict between the Muslim code and the tribal code the national law shall apply. In case of conflict between the Muslim code or the tribal code on the one hand, and the national law on the other, the latter shall prevail. 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 indigenous 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. 23. Bases for Interpretation of Islamic Law. Subject to the provisions of the Constitution, the Shari'ah courts shall interpret Islamic law based on sources such as: (a) Al-Qur'an (The Koran); (b) Al-Sunnah (Prophetic traditions); (c) Al-Qiyas (Analogy); and (d) Al-Ijima (Consensus).

Sec. 24. Shari'ah Powers and Functions. The powers and functions of the Shari'ah courts and the Shari'ah Public Assistance Office shall be defined by the Regional Assembly subject to the provisions of the Constitution. ARTICLE IX Fiscal Autonomy Section 1. Revenue Source. The Regional Government shall have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to the provisions of the Constitution and this Organic Act. Sec. 2. Fiscal Autonomy. The Regional Government shall enjoy fiscal autonomy in generating and budgeting its own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or national government or any donor. The utilization of its share of the internal revenue taxes and block grants or subsidies from the central government or national government shall be subject to a semi-annual and annual audits by the Commission on Audit and to the rules and regulations of the Department of Budget and Management. All accountable officials of the Regional Government shall, upon demand, furnish the Commission on Audit all documents, papers, and effects necessary for the completion of the audit. Failure to do so shall empower the President or the Secretary of Finance to reduce, suspend, or cancel the release of funds intended for the autonomous region to the extent of the amounts that cannot be audited for reasons attributable to the officials of the autonomous region or are unaccounted for after audit. If more than half of the funds released to the autonomous region by the central government or national government remain unaccounted for six (6) months after the audit

mentioned above, the Secretary of Finance may also suspend or cancel the release of any or all funds allocated by the central government or national government for the autonomous region. Officials of the Regional Government who fail to submit the documents, papers and effects demanded by the Commission on Audit within the period specified herein may be suspended or removed from office by the President upon recommendation of the Secretary of Finance. The utilization of the revenue generated by the Regional Government and block grants or subsidies remitted to it by foreign or domestic donors shall be subject to the rules and regulations of the Regional Government Department of the Budget and Management if any, and to audit by regional government auditors. In the absence of such rules and regulations, the audit of the said funds, block grants or subsidies shall be done by the Commission on Audit and the use thereof shall be in accordance with the rules and regulations of the Department of the Budget and Management of the central government or national government. The results of the audit mentioned in this Sec. shall be published in national newspapers of general circulation and in newspapers of regional circulation. The results shall also be announced over government-owned radio and television stations. Sec. 3. Regional Tax Code. The Regional Assembly may enact a regional government tax code. Until the regional government tax code is enacted, the pertinent provisions of Republic Act No. 7160, the Local Government Code of 1991, shall apply to tax ordinances of the provinces, cities, municipalities, and barangay within the autonomous region. Sec. 4. Regional Economic and Financial Programs. The Regional Government may formulate its own economic and

financial programs, subject to the provisions of the Constitution. Sec. 5. Uniform, Equitable Taxation; Prohibition Against Confiscatory Taxes, Fees. In enacting revenue-raising measures, the Regional Assembly shall observe the principles of uniformity and equity in taxation and shall not impose confiscatory taxes or fees of any kind. Until a regional tax code shall have been enacted by it, the Regional Assembly may not revoke or amend, directly or indirectly any city or municipal ordinances imposing taxes or fees on purely local businesses. Prior to the revocation or amendment of such city or municipal ordinances, the Regional Assembly shall consult with the city or municipal government concerned. Sec. 6. Payment of Taxes. Corporations, partnerships, or firms directly engaged in business in the autonomous region shall pay their corresponding taxes, fees, and charges in the province or city, where the corporation, partnership, or firm is doing business. Corporations, partnerships, or firms whose central, main, or head offices are located outside the autonomous region but which are doing business within its territorial jurisdiction, by farming, developing, or utilizing the land, aquatic, or natural resources therein, shall pay the income taxes corresponding to the income realized from their business operations in the autonomous region to the city, or municipality where their branch offices or business operations or activities are located. Sec. 7. Extent of Tax Powers; Exceptions. Unless otherwise provided herein, the taxing power of the regional government and of the provinces, cities, municipalities, and barangay located therein shall not extend to the following: (a) Income tax, except when levied on banks and other financial institutions;

(b) Documentary stamps tax; (c) Taxes on estate, inheritance, gifts, legacies, and other acquisitions mortis causa except as otherwise provided by law; (d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of custom fees, charges, and dues except vessels which are registered by their owners with the Regional Government and wharfage on wharves constructed and maintained by the Regional Government or the local government unit concerned; (e) Taxes, fees, or charges and other impositions upon goods carried into or out of, or passing through the territorial jurisdiction of the provinces, cities, municipalities, or barangay of the autonomous region in the guise of charges for wharfage, tolls for bridges, or otherwise, or other taxes, fees or charges in any form whatsoever upon such goods or merchandise except tolls on bridges or roads constructed and maintained by the provinces, cities, municipalities, or barangay concerned or by the Regional Government; (f) Taxes, fees, or charges on agricultural and aquatic products when sold by marginal farmers or fisherfolk; (g) Taxes on business enterprises certified by the Board of Investments or by the Regional Assembly as pioneer or non-pioneer for a period of six (6) and four (4) years, respectively from the date of registration; (h) Excise taxes on articles enumerated under the national internal revenue code, and taxes, fees, or charges on petroleum products; (i) Percentage or value-added tax (VAT) on sales, barters, or exchanges or similar transactions on goods or services except as otherwise provided by law;

(j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land, or water except as provided in this Organic Act; (k) Taxes on premiums paid by way of reinSurance or retrocession; (l) Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided by law enacted by the Congress; (m) Taxes, fees, or charges on countryside, barangay business enterprises and cooperatives duly registered under Republic Act No. 6810, the "Magna Carta for Countryside and Barangay Business Enterprises" and Republic Act No. 6938, the "Cooperatives Code of the Philippines", respectively; and (n) Taxes, fees, or charges of any kind on the central government or national government, its agencies and instrumentalities and local government units except on government-owned or -controlled corporations or entities that are primarily organized to do business. Sec. 8. Sources Of Regional Government Revenue. The sources of revenues of the Regional Government shall include, but are not limited to, the following: (a) Taxes, except income taxes, imposed by the Regional Government; (b) Fees and charges imposed by the Regional Government; (c) Taxes, fees, or charges for the registration of motor vehicles and for the issuances of all kinds of licenses or permits for the driving thereof, except tricycles which shall be registered with the city or municipality within whose territorial boundaries they are operated;

(d) Shares and revenue generated from the operations of public utilities within the autonomous region; (e) Appropriations, shares in the internal revenue taxes, block grants, and other budgetary allocations coming from the central government or national government; and (f) Block grants derived from economic agreements or conventions entered into or authorized by the Regional Assembly donations, endowments, foreign assistance, and other forms of aid subject to the pertinent provisions of the Constitution. Sec. 9. Sharing of Internal Revenue, Natural Resources Taxes, Fees and Charges. The collections of a province or city from national internal revenue taxes, fees and charges, and taxes imposed on natural resources, shall be distributed as follows: (a) Thirty-five percent (35%) to the province or city; (b) Thirty-five percent (35%) to the regional government; and (c) Thirty percent (30%) to the central government or national government. The share of the province shall be apportioned as follows: forty-five (45%) percent to the province, thirty-five (35%) percent to the municipality and twenty percent (20%) to the barangay. The share of the city shall be distributed as follows: fifty percent (50%) to the city and fifty (50%) percent to the barangay concerned. The province or city concerned shall automatically retain its share and remit the shares of the Regional Government and the central government or national government to their respective treasurers who shall, after deducting the share of the Regional Government as mentioned in paragraphs (b)

and (c) of this Sec., remit the balance to the national government within the first five (5) days of every month after the collections were made. The remittance of the shares of the provinces, cities, municipalities, and barangay in the internal revenue taxes, fees, and charges and the taxes, fees, and charges on the use, development, and operation of natural resources within the autonomous region shall be governed by law enacted by the Regional Assembly. The remittances of the share of the central government or national government of the internal revenue taxes, fees and charges and on the taxes, fees, and charges on the use, development, and operation of the natural resources within the autonomous region shall be governed by the rules and regulations promulgated by the Department of Finance of the central government or national government. Officials who fail to remit the shares of the central government or national government, the Regional Government and the local government units concerned in the taxes, fees, and charges mentioned above may be suspended or removed from office by order of the Secretary of Finance in cases involving the share of the central government or national government or by the Regional Governor in cases involving the share of the Regional Government and by the proper local government executive in cases involving the share of local government. Sec. 10. Treasury Bills, Notes and Other Debt Papers. The Regional Government may issue treasury bills, bonds, promissory notes, and other debt papers or documents pursuant to law enacted by the Regional Assembly. Sec. 11. Economic Agreements. Subject to the provisions of the Constitution, the Regional Government shall evolve a system of economic agreements and trade compacts to generate block grants for regional investments and

improvements of regional economic structures which shall be authorized by law enacted by the Regional Assembly. Pursuant to specific recommendations of the Regional Economic and Development Planning Board, the Regional Government may assist local government units in their requirements for counterpart funds for foreign-assisted projects. Sec. 12. Donations or Grants; Tax Deductible. The Regional Government may accept donations or grants for the development and welfare of the people in the autonomous region. Such donations or grants that are used exclusively to finance projects for education, health, youth and culture, and economic development, may be deducted in full from the taxable income of the donor or grantor. Sec. 13. Regional Tax Exemptions. The Regional Assembly, by a vote of absolute majority of all its members, may grant exemptions from regional taxes. Sec. 14. Foreign or Domestic Loans. The Regional Governor may be authorized by the Regional Assembly to contract foreign or domestic loans in accordance with the provisions of the Constitution. The loans so contracted may take effect upon approval by a majority of all the members of the Regional Assembly. Sec. 15. Collection and Sharing of Internal Revenue Taxes. The share of the central government or national government of all current year collections of internal revenue taxes, within the area of autonomy shall, for a period of five (5) years be allotted for the Regional Government in the Annual Appropriations Act. The Bureau Of Internal Revenue (BIR) or the duly authorized treasurer of the city or municipality concerned, as the case may be, shall continue to collect such taxes and remit the share to the Regional Autonomous Government and the central government or national government through

duly accredited depository bank within thirty (30) days from the end of each quarter of the current year; Fifty percent (50%) of the share of the central government or national government of the yearly incremental revenue from tax collections under Section 106 (value-added tax on sales of goods or properties), 108 (value-added tax on sale of services and use or lease of properties) and 116 (tax on persons exempt from value-added tax) of the National Internal Revenue Code (NIRC) shall be shared by the Regional Government and the local government units within the area of autonomy as follows: (a) twenty percent (20%) shall accrue to the city or municipality where such taxes are collected; and (b) eighty percent (80%) shall accrue to the Regional Government. In all cases, the Regional Government shall remit to the local government units their respective shares within sixty (60) days from the end of each quarter of the current taxable year. The provinces, cities, municipalities, and barangays within the area of autonomy shall continue to receive their respective shares in the Internal Revenue Allotment (IRA), as provided for in Sec. 284 of Republic Act No. 7160, the Local Government Code of 1991. The five-year (5) period herein abovementioned may be extended upon mutual agreement of the central government or national government and the Regional Government. ARTICLE X Ancestral Domain, Ancestral Lands and Agrarian Reform Section 1. Ancestral Domain; Lands of Indigenous Cultural Communities. Subject to the Constitution and existing laws, the Regional Government shall undertake measures to

protect the ancestral domain and ancestral lands of indigenous cultural communities. All lands and natural resources in the autonomous region that have been possessed or occupied by indigenous cultural communities since time immemorial, except when prevented by war, force majeure or other forms of forcible usurpation, shall form part of the ancestral domain. Such ancestral domain shall include pasture lands, worship areas, burial grounds, forests and fields, mineral resources, except strategic minerals such as uranium, coal, petroleum; and other fossil fuels, mineral oils, and all sources of potential energy; lakes, rivers, and lagoons; and national reserves and marine parks, as well as forest and watershed reservations. Until laws are enacted that provide otherwise, fifty (50%) percent of the revenues derived from the utilization and development of such strategic materials shall accrue to the Regional Government and the provinces, cities, municipalities, and barangay in the autonomous region. The sharing between the Regional Government and the local government units in the revenues derived from the strategic materials mentioned above shall be apportioned according to the formula set out in Sec. 5, Article XIII of this Organic Act. Lands in the actual, open, public, and uninterrupted possession and occupation by an indigenous cultural community for at least thirty (30) years are ancestral lands. Sec. 2. The constructive or traditional possession of lands and resources by an indigenous cultural community may also be recognized subject to judicial affirmation, the petition for which shall be instituted within a period of ten (10) years from the effectivity of this Organic Act. The procedure for judicial affirmation of imperfect titles under existing laws shall, as far as practicable, apply to the judicial affirmation of titles to ancestral lands.

The foregoing provisions notwithstanding, titles secured under the Torrens System, and rights already vested under the provisions of existing laws shall be respected. Sec. 3. As used in this Organic Act, the phrase "indigenous cultural community" refers to Filipino citizens residing in the autonomous region who are: (a) Tribal peoples. These are citizens whose social, cultural and economic conditions distinguish them from other sectors of the national community; and (b) Bangsa Moro people. These are citizens who are believers in Islam and who have retained some or all of their own social, economic, cultural, and political institutions. Sec. 4. Cultural Communities. The customary laws traditions, and practices of indigenous cultural communities on land claims and ownership and settlement of land dispute shall be implemented and enforced among the members of such communities. Sec. 5. Ecological Balance. The proclamations issued by the central government or national government declaring old growth or natural forests and all watersheds within the autonomous region as forest reserves are hereby reiterated. The forest reserves shall not be subjected to logging operations of any nature or kind. Forest concessions, timber licenses, contracts, or agreements of any kind or nature whatsoever granted by the central government or national government or by the Regional Government as of the date of the approval of this Organic Act, are hereby cancelled, nullified and voided, and shall not be renewed until thirty (30) years after the approval of this Organic Act. If the said forest reserves are logged over or are mined by authority or neglect of the Regional Government, the funds

provided by the central government or national government including the internal revenue shares of the Regional Government may be withheld, reduced, cancelled, or forfeited by order of the President. Ten (10%) percent of the shares of the internal revenue taxes of the Regional Government and of the provinces, cities, municipalities, and barangay of the autonomous region and all allocations for the development of the autonomous region by the central government or national government shall be devoted to reforestation projects and other environmental activities to enhance the protection and development of the environment in the autonomous region. The Regional Government shall require corporations, companies and other entities within the ancestral domain of the indigenous cultural communities whose operations adversely affect the ecological balance to take the necessary preventive measures and safeguards to restore, enhance, and maintain such a balance. Sec. 6. Unless authorized by the Regional Assembly, lands of the ancestral domain titled to or owned by an indigenous cultural community shall not be disposed of to nonmembers. Sec. 7. No portion of the ancestral domain shall be open to resettlement by non-members of the indigenous cultural communities. Sec. 8. Regional Land Reform. Subject to the provisions of the Constitution, the Regional Assembly may enact an agrarian reform law suitable to the special circumstances prevailing in the autonomous region. ARTICLE XI Urban and Rural Planning and Development

Section 1. Urban and Rural Development. The Regional Government shall promote and formulate comprehensive and integrated regional urban and rural development policies, plans, programs, and projects responsive to the needs, aspirations, and values of the people in the autonomous region. Sec. 2. Indigenous Development Plans. The Regional Government shall initiate, formulate, and implement special development programs and projects, responsive to the particular aspirations, needs, and values of the indigenous cultural communities. Sec. 3. Equitable Development. The Regional Government shall provide equitable opportunities for the development of every province, city, municipality, and barangay within its jurisdiction and shall strengthen their existing planning bodies to ensure wider public participation. Sec. 4. Urban Land, Land and Water Use. Consistent with the Constitution, this Organic Act, and subject to ecological considerations, the Regional Government shall within one (1) year from the approval of this Organic Act, adopt and implement a comprehensive urban land reform and land and water use program, to ensure the just utilization of lands and waters within its jurisdiction. ARTICLE XII Economy and Patrimony Section 1. Regional Economy and Conservation of Patrimony. Consistent with the Constitution and existing laws, the Regional Assembly may enact laws pertaining to the regional economy and patrimony that are responsive to the needs of the region. The Regional Government may not lower the standards required by the central government or

national government for the protection, conservation, and enhancement of the natural resources. Sec. 2. Economic Zones, Centers and Ports. The Regional Government shall encourage, promote, and support the establishment of economic zones, industrial centers, ports in strategic areas, and growth centers to attract local and foreign investments and business enterprises. Sec. 3. Incentives for Investors. The Regional Assembly may by law grant incentives to investors in the autonomous region. The central government or national government may likewise grant incentives to investors in the autonomous region in addition to those provided by the Regional Government. Sec. 4. Regional Economic Zone Authority; Freeports. The Regional Government may establish a regional economic zone authority in the autonomous region. The Regional Economic Zone Authority shall have similar powers as the Philippine Economic Zone Authority and consistent with the Special Economic Zone Act of 1995. The Regional Assembly may provide such additional powers and functions to the Regional Economic Zone Authority as may be necessary to meet the special circumstances of the autonomous region. Once the Regional Economic Zone Authority is created by a Regional Assembly legislation, the Philippine Export Zone Authority shall no longer authorize any other economic zone within the autonomous region. Any corporation, firm, or entity established within the autonomous region, by authority of the Philippine Export Zone Authority, shall be placed under the jurisdiction of the Regional Economic Zone Authority and shall continue to enjoy the benefits granted to it by the Philippine Export Zone Authority. Sec. 5. Use Development of Mines Minerals and Other Natural Resources Revenue Sharing; Exceptions. (a)

Regional Supervision and Control. The control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources within the autonomous region are hereby vested in the Regional Government in accordance with the Constitution and the pertinent provisions of this Organic Act except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, all sources of potential energy, as well as national reserves and aquatic parks, forest and watershed reservations already delimited by authority of the central government or national government and those that may be defined by an Act of Congress within one (1) year from the effectivity of this Organic Act. (b) Sharing Between Central Government or National Government and Regional Government in Strategic Minerals Revenues, Taxes, or Fees. Fifty (50%) percent of the revenues, taxes or fees derived from the use and development of the strategic minerals shall accrue and be remitted to the Regional Government within thirty(30) days from the end of every quarter of every year. The other fifty (50%), shall accrue to the central government or national government. (c) Sharing Between Regional Government and Local Government Units in Strategic Minerals Revenues, Taxes, or Fees. The share of the Regional Government mentioned above is hereby apportioned as follows: thirty percent (30%) to the Regional Government; twenty percent (20%) to all the municipalities; and fifteen percent (15%) to all the barangays. If there are no cities in the autonomous region as of the date the sharing above mentioned is done, the share of the cities shall be divided equally by all the provinces, municipalities, and barangay in the autonomous region.

(d) Regional Assembly Authority to Grant Franchises and Concessions and Empower Regional Governor to Grant Leases, Permits, and Licenses. The Regional Assembly shall by law have the authority to grant franchises and concessions and may by law empower the Regional Governor to grant leases, permits, and licenses over agricultural, forest, or mineral lands. The said leases, permits, franchises, or concessions shall, however, cover areas not exceeding the limits allowed by the Constitution and shall subsist for a period not exceeding twenty-five (25) years. Except as provided in this Organic Act, existing leases, permits, licenses, franchises, and concessions shall be respected until their expiration unless legally terminated earlier as provided by law enacted either by Congress or by the Regional Assembly. (e) Consultation with Cultural Communities, Needed. The permits, licenses, franchises, or concessions over the natural resources located within the boundaries of an ancestral domain shall be issued by the Regional Assembly only after consultations are conducted with the cultural community concerned. Sec. 6. Use and Development of Natural Resources Open to Citizens. The exploration, development, and utilization of natural resources, except those referred to in the first paragraph of Sec. 5 of this Article, shall be allowed to all citizens and to private enterprises, including corporations, associations, cooperatives, and such other similar collective organizations with at least sixty percent (60%) of their capital investment or capital stocks directly controlled or owned by citizens. Sec. 7. Preferential Rights of Citizen-Inhabitants of Autonomous Region. Subject to the exceptions provided in this Organic Act, citizens who are inhabitants of the autonomous region shall have preferential rights over the exploration, utilization, and development of natural

resources of the autonomous region. Existing rights over the exploration, utilization, and development of natural resources shall be respected subject to the exceptions specified in this Organic Act. Sec. 8. Rules, Regulations and Fees. The Regional Assembly shall by law regulate the exploration, utilization, development, and protection of the natural resources, including the mines and minerals, except the strategic minerals as provided in this Organic Act. The Regional Government shall, pursuant to the said law, shall prescribe the rules and regulations and impose regulatory fees in connection therewith. Upon the enactment of the said law and the effectivity of such rules and regulations, the fees imposed by the Regional Government shall replace those that had been imposed by the central government or national government. Sec. 9. Regulation of Small-Scale Mining. Small-scale mining shall be regulated by the Regional Government to the end that the ecological balance, safety and health, and the interests of the indigenous cultural communities, the miners, and the people of the place where such operations are conducted are duly protected and safeguarded. Sec. 10. Regional Economic and Development Planning Board; Composition and Functions. There is hereby created a Regional Economic and Development Planning Board. The Board shall be chaired by the Regional Governor. The members of the Board shall be composed of all the provincial governors and the city mayors of the provinces and cities within the autonomous region; the Speaker, and two (2) members of the Regional Assembly appointed by the Speaker, one (1) of whom shall be nominated by the opposition; and, five (5) representatives elected by the private sector as prescribed by the Regional Assembly.

The Board shall serve as the planning, monitoring, and coordinating agency for all development plans, projects, and programs intended for the autonomous region. It shall evaluate and recommend for approval by the Regional Assembly, the annual work programs and comprehensive development plans of the autonomous region. Once approved, it shall be the duty of the Regional Governor to ensure the proper implementation of the said annual work programs and comprehensive development plans. The Board shall formulate a master plan for a systematic, progressive, and total development of the region. The master plan shall take into account the development plans of the province, city, municipality, and barangay concerned as mandated by Republic Act No. 7160, the Local Government Code 1991. After due notice in writing, the attendance at meetings of the Board by one-third (1/3) of its members with the Regional Governor or the Regional Vice Governor and three (3) of the representatives of the private sector being present, shall be a sufficient quorum for the board to transact business. The Board shall adopt its own rules of procedure for the conduct of its meetings. Sec. 11. Pioneering Public Utilities and Cooperatives. The Regional Assembly may, in the interest of regional welfare and security, establish and operate pioneering public utilities. Upon payment of just compensation, it may cause the transfer of the ownership of such utilities to cooperatives or other collective organizations. Sec. 12. Proclamation of State of Calamity Operation of Public Utilities. (a) Temporary take-over of operations. The Regional Government may, in times of regional calamity declared by the Regional Governor, when the public interest so requires and under such reasonable terms and

safeguards as may be prescribed by the Regional Assembly, temporarily take over or direct operation of any privately-owned public utility or business affected with public interest. The public utility or business concerned may contest the take over of its operations by the Regional Government by filing a proper case or petition with the Court of Appeals. (b) Proclamation of state of calamity. The Regional Governor may proclaim a state of calamity over the region or parts thereof whenever typhoons, flash floods, earthquake, tsunamis, or other natural calamities cause widespread damage or destruction to life or property in the region. The state of calamity proclaimed by the Regional Governor shall only be for the purpose of maximizing the efforts to rescue imperiled persons and property and the expeditious rehabilitation of the damaged area. The state of calamity proclaimed shall in no way suspend any provision of the Constitution or this Organic Act, as well as, the pertinent laws promulgate by the central government or national government or the Regional Government. Sec. 13. Legislating Benefits, Compensation for Victims of Mining and Mining Operations; Rehabilitation of Affected Areas. The Regional Assembly shall enact laws for the benefit and welfare of the inhabitants injured, harmed or adversely affected by the harnessing of natural and mineral resources in the autonomous region. Such laws may include payment of just compensation to and relocation of the people and rehabilitation of the areas adversely affected by the harnessing of natural and mineral resources mentioned above. The Regional Assembly may by law require the persons, natural or juridical, responsible for causing the harm or injury mentioned above to bear the costs of compensation, relocation and rehabilitation mentioned above wholly or partially.

Sec. 14. Reforestation; Support for Lumads or Tribal Peoples. The Regional Government shall actively and immediately pursue reforestation measures to ensure that at least fifty percent (50%) of the land surface of the autonomous region shall be covered with trees, giving priority to watershed areas, strips of land along the edges of rivers and streams and shorelines of lakes and the seas within or abutting the autonomous region. The Regional Government shall adopt measures for the development of lands eighteen percent (18%) in slope or over by providing infrastructure, financial and technical support to upland communities specially the lumads or tribal peoples. The Regional Government shall also adopt measures to employ the people who may be displaced by the cancellation or revocation of timber concessions, licenses, contracts, or agreements mentioned in paragraph above. Sec. 15. Prohibition Against Toxic or Hazardous Substances. The Regional Government shall prohibit the use, importation, deposit, disposal, and dumping of toxic or hazardous substances within the autonomous region. Sec. 16. Business Ownership. The Regional Government shall adopt policies to promote profit sharing and broaden the base of ownership of business enterprises. Sec. 17. Incentives, Tax Rebates and Holidays. The Regional Assembly may by law, and with the approval of the absolute majority of all its members, grant incentives, including tax rebates and holidays, for investors in businesses that contribute to the development of the autonomous region. It may provide similar incentives to companies doing business in the autonomous region which reinvest at least fifty percent (50%) of their net profits therein, and to cooperatives which reinvest at least ten

percent (10%) of their surplus into socially-oriented projects in the autonomous region. Sec. 18. Transport and Communication Facilities, Priority Projects. The Regional Government shall give priority to the establishment of transportation and communication facilities to expedite the economic development of the autonomous region. Sec. 19. Power Services Priority. In the delivery of power services, priority shall be given to provinces and cities in the autonomous region which need but do not have direct access to such services. Sec. 20. Pioneering Firms. The Regional Assembly may create pioneering firms and other business entities to boost economic development in the autonomous region. Agriculture, Fisheries and Aquatic Resources Sec. 21. Farming and Fishing Cooperatives. The Regional Government shall recognize, promote, and protect the rights and welfare of farmers, farm-workers, fisherfolk, and fish-workers, as well as cooperatives and associations of farmers and fish-workers. Sec. 22. Agricultural Productivity; Organic Farming. The Regional Government shall encourage agricultural productivity and promote diversified and organic farming. Sec. 23. Soil and Water Conservation. The Regional Government shall give top priority to the conservation, protection, utilization, and development of soil and water resources for agricultural purposes. Sec. 24. Aquatic and Fisheries Code. The Regional Assembly may enact an aquatic and fisheries code which shall enhance, develop, conserve, and protect marine and aquatic resources, and shall protect the rights of subsistence fisherfolk to the preferential use of communal marine and fishing resources, including seaweeds. This protection shall

extend to offshore fishing grounds, up to and including all waters fifteen (15) kilometers from the coastline of the autonomous region but within the territorial waters of the Republic, regardless of depth and the seabed and the subsoil that are included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the autonomous region touch the sea at low tide and a third line parallel to the general coastline. The provinces and cities within the autonomous region shall have priority rights to the utilization, development, conservation, and protection of the aforementioned offshore fishing grounds. The provinces and cities concerned shall provide support to subsistence fisherfolk through appropriate technology and research, adequate financial, production, marketing assistance, and other services. The Regional Assembly shall enact priority legislation to ensure that fish-workers shall receive a just share from their labor in the utilization, production, and development of marine and fishing resources. The Regional Assembly shall enact priority legislation to develop science, technology, and other disciplines for the protection and maintenance of aquatic and marine ecology. Sec. 25. Agriculture and Fisheries Bureau. The Regional Assembly shall by law, create a Bureau on Agriculture and Fisheries and define its composition, powers and functions. Trade and Industry Sec. 26. Private Sector. The Regional Government recognizes the private sector as the prime mover of trade, commerce, and industry. It shall encourage and support the building up of entrepreneurial capability in the autonomous region and shall recognize, promote, and protect cooperatives.

Sec. 27. Cottage Industries. The Regional Government shall promote and protect cottage industries by providing assistance such as marketing opportunities, financial support, tax incentives, appropriate and alternative technology and technical training to produce semi-finished and finished products. Deserving small and medium-scale cottage industries may be provided priority assistance. Sec. 28. Banks and Financial Institutions. The Regional Government shall, subject to the supervision of the Bangko Sentral ng Pilipinas, encourage the establishment in the autonomous region of: (a) Banks and financial institutions and their branches; and (b) Off-shore banking units of foreign banks. Sec. 29. Islamic Banks. The Bangko Sentral ng Pilipinas shall establish an Islamic Bank and authorize the establishment of its branches in the autonomous region. The members of the board of directors or trustees of the Islamic Bank shall be appointed by the President upon recommendation of the Regional Governor. The persons recommended by the Regional Governor shall possess educational qualifications and sufficient experience in the management and operation of Islamic banking and shall be subject to confirmation by the Regional Assembly before they are recommended to the President. The board of directors or trustees of the bank shall elect from among their members the chair, the vice chair and the president of the bank. Other bank officials and employees shall be appointed by the president of the bank. Sec. 30. Bangko Sentral Regional Bank. The Bangko Sentral ng Pilipinas shall establish a Bangko Sentral Regional Bank with full banking services in the capital city or any suitable municipality in the autonomous region within one (1) year from the approval of this Organic Act.

The Regional Governor shall submit a list of qualified persons to the appropriate Bangko Sentral authority from which the staff of the regional office may be chosen. The rights of the Bangko Sentral personnel who are occupying positions in the Bangko Sentral Regional Office as of the date of the approval of this Organic Act to continue as such shall be respected. Sec. 31. Barter and Counter-Trade. Subject to existing laws, the Regional Government shall regulate traditional barter trade and counter-trade with Indonesia, Malaysia, or Brunei. The goods or items that are bartered or countertraded with the said countries shall not be sold elsewhere in the country without payment of appropriate customs or import duties. The Department of Finance shall, in consultation with the Regional Government, promulgate the rules to govern barter and counter-trade within six (6) months from the approval of this Organic Act. Sec. 32. Consumer Education and Welfare. The Regional Government shall promote consumer education and protect the rights, interests, and general welfare of the consumers. Sec. 33. Local Labor and Goods. The Regional Government shall promote the preferential use of local labor and locally produced goods and materials by adopting measures to increase their competitiveness. Sec. 34. Foreign Investments. Subject to the provisions of the Constitution, the Regional Government shall regulate and exercise authority over foreign investments within its jurisdiction. The central government or national government may intervene in such matters only if national security is involved. Tourism Development Sec. 35. Regional Tourism. The Regional Government shall have primary jurisdiction in the promotion of tourism

within the autonomous region. In promoting tourism, the diverse cultural heritage, and the moral and spiritual values of the people in the autonomous region shall be upheld, respected, and maintained. Sec. 36. Tourism Office. The Regional Assembly may, by law, create a regional tourism office, and define its composition, powers and functions. The Department of Tourism of the central government or national government shall, whenever feasible, extend financial and technical support to the tourism program of the Regional Government. ARTICLE XIII Public Order and Security Section 1. Law and Order. The Regional Government shall give priority to the maintenance and preservation of law and order for the establishment of peace and the protection of life, liberty, and property of the people in the autonomous region, in consonance with the provisions of the Constitution and this Organic Act. Sec. 2. Regional Security Force. There is hereby created a Philippine National Police Regional Command for the autonomous region, hereafter called the Special Regional Security Force (SRSF) or Regional Police Force, in short. Sec. 3. Law Governing Regional Police Force. The Regional Assembly shall enact laws to govern the Regional Police Force consistent with the pertinent provisions of the Constitution and this Organic Act. The members of the Moro National Liberation Front who are integrated into the Regional Police Force may be deployed in the autonomous region or elsewhere in the

Republic as may be determined by the proper police authorities. Sec. 4. Regional Police Force Composition. The PNP Regional Command for the autonomous region/SRSF shall be composed of the existing PNP units therein, the MNLF elements, and other residents of the area who may later on be recruited into the SRSF. Sec. 5. Powers and Functions of Regional Police Force. The Regional Police Force shall exercise within the autonomous region the following powers and functions: (a) Enforce laws enacted by the Congress and by the Regional Assembly relative to the protection of lives and properties of the people; (b) Maintain law and order and ensure public safety; (c) Investigate and prevent crimes, arrest criminal offenders, bring criminal suspects to justice, and assist in their prosecution; (d) Effect other arrests, searches, and seizures in accordance with the Constitution and pertinent laws; (e) Detain persons for a period not exceeding what is prescribed by law, inform the person so detained of all his or her rights under the Constitution, and observe the human rights of all people in the autonomous region; (f) Process applications for the licensing of firearms for approval by the proper official of the Philippine National Police; (g) Initiate drives for the licensing or surrender of unlicensed firearms; confiscate unlicensed firearms after such drives are over; prosecute or recommend to the President the grant of amnesty or pardon to possessors of unlicensed firearms who surrender them; and

(h) Perform such other duties and exercise all other functions as may be provided by law enacted by Congress or by the Regional Assembly. Sec. 6. Observance of Constitution and Laws. The Regional Police Force shall be charged with the preservation of peace, the maintenance of law and order, and the protection of life, liberty, and property in the autonomous region in consonance with the Constitution and pertinent legislation. The Regional Police Force shall be run professionally and free from partisan political control. The discharge of its functions shall be done impartially and with professional integrity. It shall be constrained by and accountable to the law. Sec. 7. Regional Police Framework and Organization. The philosophical framework and structural organization of the Regional Police Force shall be as follows: (a) It shall be civilian in nature and character; (b) The scope of its operations shall be regional. The Regional Police Force, its units or personnel may be deployed elsewhere in the Republic as directed by the National Police Commission or when needed to suppress lawless violence, pursue, and arrest criminal offenders or maintain law and order. In such circumstances, the order to deploy must be signed by the chairman of the National Police Commission and approved by the President. The President may also order the said deployment on his own authority; (c) It shall be headed by a regional director who shall be assisted by two deputies, one for administration and one for operations. The regional director and the two deputies shall come from the ranks of the professional police force, preferably from any province, city, or municipality of the autonomous region;

(d) It shall have regional, provincial, and city or municipal offices; (e) At the provincial level, there shall be a provincial office headed by a provincial director who shall be a professional police officer with the rank of police superintendent, at least; and (f) At the city or municipal level, there shall be an office or station, which shall be headed by a Chief of Police who shall be a professional police officer with the rank of police superintendent for the city, and police inspector for the municipality. Sec. 8. Power of Regional Governor Over Regional Police Force. The Regional Governor shall have the following powers over the Regional Police Force: (a) To act as the deputy of the National Police Commission in the region and as the ex-officio chair of the Regional Police Commission; (b) To exercise operational control and general supervision and disciplinary powers over the Regional Police Force; (c) To employ or deploy the elements of and assign or reassign the Regional Police Force through the regional director. The Regional Director may not countermand the order of the Regional Governor unless it is in violation of the Constitution and the law; (d) To recommend to the President the appointment of the regional director and his two deputies; (e) To oversee the preparation and implementation of the Integrated Regional Public Safety Plan; (f) To impose, after due notice and summary hearings of the citizen's complaints, administrative penalties on

personnel of the Regional Police Force except those who are appointed by the President; and (g) Do everything necessary to promote widespread support by the various communities making up the autonomous region for the Regional Police Force. Sec. 9. Regional Police Directors. The selection assignment, and appointment of the Provincial and City Directors of the Regional Police Force and the assignment of Moro National Liberation Front integrees shall be done pursuant to Republic Act No. 6975, the Philippine National Police Law and Republic Act No. 8551 the Philippine National Police Reform and Reorganization Act of 1998. Sec. 10. Regional Police Commission. There is hereby created a regional police commission, which shall perform the functions of the National Police Commission in the autonomous region. The Regional Police Commission shall be under the administration and control of the National Police Commission. The chairman and the members, thereof, shall be appointed by the Regional Governor subject to confirmation by the Regional Assembly. The chairman shall be an ex-officio commissioner of the National Police Commission on matters dealing with the Regional Police Force. The Regional Police Commission shall have the power to investigate complaints against the Regional Police Force. Appeals from its decisions may be lodged with the National Police Commission. Pending resolution of the appeal, its decisions may be executed. The rules and regulations governing the investigation of members of the Philippine National Police shall be followed by the Regional Police Commission in the absence of rules and regulations enacted by the Regional Assembly. Sec. 11. Regional Defense and Security. The defense and security of the autonomous region shall be the

responsibility of the central government or national government. Towards this end, there is hereby created a Regional Command of the Armed Forces of the Philippines for the autonomous region, which shall be organized, maintained, and utilized in accordance with national laws. The central government or national government shall have the authority to station and deploy in the autonomous region such elements of the Armed Forces as may be necessary to carry out that responsibility. Qualified inhabitants of the autonomous region shall be given preference for assignments in the said regional command. Sec. 12. Calling Upon the Armed Forces. The provisions of the preceding Sections notwithstanding, the Regional Governor may request the President to call upon the Armed Forces of the Philippines: (1) To prevent or suppress lawless violence, invasion, or rebellion, when the public safety so requires, in the autonomous region in accordance with the provisions of the Constitution; (2) To suppress the danger to or breach of peace in the autonomous region, when the Regional Police Force is not able to do so; or, (3) To avert any imminent danger to public order and security in the area of autonomy. The President may on his own accord send the Armed Forces of the Philippines into the autonomous region to attain the above objectives of the Regional Governor does not act within fifteen (15) days after the occurrence of the events mentioned above that need to be suppressed, prevented, or suppressed. Sec. 13. Indigenous Structures. The Regional Government shall recognize indigenous structures or systems which promote peace, law, and order.

ARTICLE XIV Education, Science and Technology, Arts, and Sports Section 1. Quality Education, A Top Priority. The Regional Government shall establish, maintain, and support as a top priority a complete and integrated system of quality education and adopt an educational framework that is meaningful, relevant, and responsive to the needs, ideals, and aspirations of the people in the region. The schools, colleges, and universities existing in the autonomous region as of the date of the approval of this Organic Act and such other schools and institutions that may be established in the region shall be deemed integral components of the educational system of the Regional Government. The educational system of the Regional Government shall be deemed a subsystem of the national educational system. The regional educational subsystem shall enjoy fiscal autonomy and academic freedom. Educational Policies Sec. 2. Policies and Principles. Consistent with the basic state policy on education, the Regional Government shall adopt the following educational policies and principles: a) Perpetuation of Filipino and Islamic values. The regional educational subsystem shall perpetuate Filipino and Islamic values and ideals, aspirations, and orientations. It shall develop the total spiritual, intellectual, social, cultural, scientific, and physical aspects of the people of the autonomous region to make them god-fearing, productive, patriotic citizens, and conscious of their Filipino and Islamic values and cultural heritage.

(b) Inculcation of values of peaceful settlement of disputes. The regional educational subsystem shall prioritize the inculcation among the citizenry and students of their commitment to the peaceful settlement of disputes and grievances and the avoidance of the use of lawless violence. To this end, emphasis shall be placed on the desirability and practicality of relying upon democratic and legal process rather than on the use of guns or resort to violence to settle personal, familial, or tribal problems. The Regional Assembly may, by law, establish a program for the surrender of firearms with payment of compensation provided by the Regional Government. The program may also be supported from the funds of the Philippine National Police. (c) Optional religious instruction. Religious instruction in public schools shall be optional, with the written consent of the parent or guardian, and taught by the authorities of the religion to which the student belongs. The teaching of religion shall not involve additional costs to the government in accordance with national policies; (d) Inculcation of patriotism and nationalism. To develop, promote, and enhance unity in diversity, all schools in the autonomous region shall inculcate into the minds of their students the values of patriotism and nationalism, appreciation of the role of national and regional heroes in the historical development of the country and region, foster love of humanity, respect for human rights, and teach the rights and duties of citizenship, and the cultures of the Muslims, Christians, and tribal peoples in the region; (e) Vocational and special education. The thrusts, programs, and administration of vocational, non-formal, and special education shall be supported and made relevant to the manpower needs of the region;

(f) Scholarships, student loans and scholarships. A system of scholarship programs, grants, student loans, subsidies, and other incentives shall be made available to all poor but deserving students; (g) Funding for local education programs. Funding for local educational programs shall be the responsibility of the Regional Government; (h) Community participation in education. The active participation of the home, community, religious organizations, and other sectors in the total educative process of the child shall be encouraged and supported; (i) Development of regional language. A regional language may be evolved and developed from the different dialects in the region; (j) Media of instruction in schools. Filipino and English shall be the media of instruction in all schools in the autonomous region. Arabic shall be an auxiliary medium of instruction; (k) Teaching of Arabic as subject. Arabic shall be taught as a subject in all grade levels as required for Muslims under existing laws and optional, for non-Muslims; (l) Auxiliary official languages. Regional languages may be used as auxiliary official languages in the region as well as auxiliary media of instruction and communication; (m) Develop ethnic identity. Education in the autonomous region shall develop consciousness and appreciation of one's ethnic identity and shall provide a better understanding of another person's cultural heritage for the attainment of national unity and harmony; (n) The Regional Government shall recognize the participation of private institutions of learning, including the Madaris (Arabic schools), in providing quality education to the people of the region; and

(o) (1) Basic education structure. The elementary level shall follow the basic national structure and shall provide basic education, the secondary level will correspond to four (4) years of high school, and the tertiary level shall be one year to three (3) years for non-degree courses and four (4) to eight (8) years for degree courses, as the case may be, in accordance with existing laws. (2) Social studies subjects contents. Filipino and Islamic values shall be incorporated in the social studies subjects or their equivalent in appropriate grade levels and subject to agreed norms academic freedom, and legal limitations. These values shall be taught also as a part of appropriate subjects in the secondary and tertiary levels of education. (3) Textbook preparation, writing, revision and printing. The preparation, writing, revision, and printing of textbooks for the use of the schools in the autonomous region shall be the joint responsibility of the Regional Government and the central government or national government. Subject to agreed norms, academic freedom, and relevant legal limits, the preparation, writing, revision, and printing of the textbooks shall emphasize Filipino and Islamic values. The said values shall include those of Muslims, Christians, and indigenous peoples, human rights, modern sciences and technology as well as the latest advances in education that are relevant to the ideals of the autonomous region and to the Republic. (4) Accreditation for transfer to other schools. After they shall have passed the core curriculum prescribed by the central government or national government, the students and graduates of the education system of the autonomous region shall be fully accredited for transfer to the corresponding grade levels in the schools outside the autonomous region.

(5) Period for integration of Islamic values. The integration of Islamic values in the curriculum of the regional educational subsystem shall be done over a period of six (6) years from the approval of this Organic Act after appropriate researches and studies shall have been conducted, evaluated, and approved by the regional education authorities. (6) Primary responsibility for learning aids and instructional materials. The Regional Government shall have the primary responsibility to provide learning aids and instructional materials to the schools in the autonomous region in addition to those already prescribed by the central government or national government. (7) Responsibility for selection, recruitment, appointment, promotion, and civil service protection of teachers and nonteaching personnel. (a) The selection, recruitment, appointment, and promotion of teaching and non-teaching personnel of the regional educational subsystem shall be the responsibility of the Regional Government. The teaching and non-teaching personnel of the regional educational subsystem who have appropriate civil service eligibility may not be replaced, removed, or dismissed without just cause. (b) The Regional Government may impose its regionallydefined standards for the employment of teaching and nonteaching personnel in its school system which, however, shall not be lower than the standards of the Department of Education, Culture and Sports. (c) In the selection, recruitment, appointment, and promotion of elementary, secondary, and tertiary education teaching and non-teaching personnel, the minimum requirements and standards prescribed by the Department of Education, Culture and Sports, the Commission on Higher Education, and the Technical Education and Skills

Development Authority shall be observed by the regional educational subsystem. (8) Preservation of culture, mores, customs, and traditions. The culture, mores, customs, and traditions of the Muslims people are those of the Christians and indigenous people, shall be preserved, respected, enhanced, and developed. (9) Schools to preserve, enhance, and develop cultures, mores, customs and traditions. The regular public and Madaris schools the autonomous region shall be the primary vehicles for the preservation, enhancement, and development of the said cultures, mores, customs, and traditions. Sec. 3. Regional Educational Curricula. The Regional Department of Education, Culture and Sports shall develop curricula that are relevant to the economic, social, political, cultural, moral, and spiritual needs of the people in the autonomous region. Sec. 4. Education, Management, and Control of Education. s The management, control, and supervision of the regional educational subsystem shall be the primary concern of the Regional Government. The Department of Education, Culture and Sports, the Commission on Higher Education, and the Technical Education and Skills Development Authority, and other appropriate educational bodies of the central government or national government shall monitor compliance by the regional educational subsystem with national educational policies, standards, and regulations. The Department of Education, Culture and Sports, the Commission on Higher Education, and the Technical Education and Skills Development Authority of the Regional Government shall participate in policy and decision-making activities of their counterparts of the central government or national

government in matters that affect the regional educational subsystem. Educational Structure Sec. 5. The Regional Assembly may, by law, create, support and maintain a regional Department of Education, Culture and Sports, and shall define its powers, functions and composition. Sec. 6. Private Schools Supervision. s (a) The Regional Department of Education, Culture and Sports shall be responsible for the supervision and regulation of private schools. (b) Private schools, including sectarian and non-sectarian institutions of learning of whatever level, may organize themselves and shall have the right to participate and be represented by three (3) representatives in the deliberations of the Regional Department of Education, Culture and Sports on matters dealing with private schools. (c) The representatives of the private schools to the Regional Department of Education, Culture and Sports shall act for the sectarian Christian schools, non-sectarian schools, and the schools of the lumads, if any. (d) The right of sectarian educational institutions to propagate their religious beliefs shall be not be curtailed. The regional educational subsystem shall not discriminate against the sectarian educational institutions in any manner or form. Sec. 7. Educational Subsystem Structure. The organizational structure of the regional educational subsystem shall follow the basic structure of the educational system of the central government or national government. The Regional Assembly may, however, create its own structures. It shall prescribe the same curricular years as those prescribed nationally.

Sec. 8. Academic Freedom and Fiscal Autonomy. State colleges and universities shall be part of the regional educational subsystem within the autonomous region and shall enjoy academic freedom and fiscal autonomy and shall continue to be governed by their respective charters. The provisions of existing laws to the contrary notwithstanding, the Regional Government shall be represented in the board of state universities and colleges in the region by the Chair of the Committee on Education, Culture and Sports of the Regional Assembly either as cochair or co-vice chair. Sec. 9. Education Centers. All state colleges and universities in the autonomous region shall serve as regional centers for tertiary and post graduate education in their respective areas of competence. Sec. 10. Tribal University System. The Regional Assembly create a tribal university system within the autonomous region to address the higher educational needs of the indigenous cultural communities in the region. Madrasah Education Sec. 11. Supervision of Madaris Schools. Accredited madaris in the autonomous region shall be supervised by the Department of Education, Culture and Sports in accordance with the principles of the Constitution and this Organic Act. The educational policies should also take into consideration the teaching of the Koran than an educational system should inculcate respect by individuals for duly constituted authority. A periodic review and supervision of the 'Madaris' educational system shall be conducted by the Department of Education, Culture and Sports and a monthly report shall be submitted by the Department to Congress through the Senate President, the Speaker and the Chairs of respective education committees of both Houses of Congress or the corresponding committees of the

Regional Assembly of the autonomous region in Muslim Mindanao, if there are such committees in the said Assembly. Sec. 12. Madrasah Educational System; Arabic as Medium of Instruction. The Regional Assembly shall enact legislation for the strengthening and development of the Madrasah Educational System in the autonomous region. Arabic is hereby recognized as a medium of instruction in madaris (schools) and other Islamic institutions. Sec. 13. Madaris. Existing madaris and madaris ulya are deemed parts of the regional educational subsystem. Sec. 14. Madaris Teachers Qualifying Examinations; Compensations. The Regional Department of Education, Culture and Sports shall, in coordination with the Regional Commission on Higher Education, conduct periodic competitive qualifying examinations of madaris teachers for permanent appointments to the regional educational subsystem. The compensation of madaris teachers employed in the public schools of the autonomous region shall be taken from the funds of the Regional Government. Science and Technology Sec. 15. Science and Technology. Science and Technology are recognized as essential to national and regional progress and development. Sec. 16. Priority Legislation. The Regional Assembly shall enact laws that shall: (a) Give priority to science, research, inventions, technology, education, and their development and utilization;

(b) Provide incentives, including tax deduction and funding assistance, and encourage the participation of the private sector in basic and applied scientific researches; (c) Regulate the transfer and promote the adoption of technology from all sources for regional benefits; (d) Secure and protect the exclusive rights of scientists, inventors, scholars, writers, artists, and other gifted citizens to their intellectual properties; and (e) Ensure the full and effective participation of all sectors in the planning, programming, coordination, and implementation of scientific and technological researches and the acquisition, adoption, innovation, and application of science and technology for development. Sec. 17. Environmental Changes. The regional educational subsystem shall endeavor to respond positively and effectively to the climatic changes affecting the environment. It shall monitor and evaluate ecological developments affecting the region and develop appropriate plans to meet ecological situations. To this end, it may establish linkages with appropriate domestic and international institutions. Sec. 18. Non-Formal Education. The Regional Department Of Education, Culture And Sports shall institutionalize non-formal education in scope and methodology, to include literacy, numeracy, and intensive skills training of the youth and adults. Scholarship Grants and Assistance Sec. 19. Donations to Universities, Colleges and Schools. Public or private universities, colleges, and schools in the autonomous region may seek and receive local or foreign donations for educational purposes. Donors to public or private universities, colleges, and schools may deduct the

amount of the donation from their taxable income due to the Regional Government. Sec. 20. Scholarship Programs. The Regional Government shall provide scholarships to qualified poor but deserving students in all levels of education. To this end, the Regional Government shall devote, at least, fifteen percent (15%) of its regular budget for education to support scholarships and shall endeavor to augment the funds for scholarships from other sources of revenue, public or private. The Regional Government shall administer the scholarship programs of the Commission on Higher Education and the Technical Education and Skills Development Authority scholarship programs, both local and foreign within the region. The administrative and other details of this transfer of authority to administer the scholarship programs shall be done within six (6) months from the approval of this Organic Act. Sec. 21. Financial Assistance for Disadvantaged, Deserving Students. The Regional Government shall provide financial assistance to disadvantaged but deserving students from any funds including those provided by the central government or national government for that purpose. Funds for Education Sec. 22. Release of Education Funds. Educational funds for the Regional Government allocated by the central government or national government in the General Appropriations Act shall be released directly to the treasurer of the Regional Government Physical Education and Sports Development Sec. 23. Physical Education and Sports Development. The regional educational subsystem shall develop and maintain an integrated and comprehensive physical education program. It shall develop healthy, disciplined, creative,

innovative, and productive individuals, and promote the spirit of sportsmanship, cooperation teamwork, goodwill, and understanding Sec. 24. Sports Programs. The regional educational subsystem shall encourage and support sports programs, league competitions, indigenous games, martial arts, and amateur sports including training for regional, national, and international competitions. Cultural Heritage Sec. 25. Cultural Heritage. The cultural heritage of the people of the autonomous region shall be an integral component of regional development. Sec. 26. Protection and Promotion of Culture. The Regional Government shall recognize, respect, protect, preserve, revive, develop, promote, and enhance the culture, customs, traditions, beliefs and practices of the people of the autonomous. region It shall encourage and undertake the recovery, collection, collation, and restoration of historical and cultural properties for posterity. Sec. 27. Bureau of Cultural Heritage. The Regional Assembly may, by law, create a bureau on cultural heritage. The Bureau shall plan, initiate, implement, and monitor cultural programs, projects, and activities that preserve and enhance the positive elements of the indigenous culture of the inhabitants of the autonomous region. It shall coordinate with other concerned agencies engaged in similar and related activities. ARTICLE XV Social Justice, Services, Institutions, and Other Concerns

Section 1. Promotion of Social Justice. The promotion of social justice shall include the commitment to create social, political, and economic opportunities based on freedom of initiative, resourcefulness, and self-reliance. Sec. 2. (a) Social Services. The Regional Assembly shall, consistent with the provisions of the Constitutions and existing national laws, enact measures to provide and promote social services. (b) Food and Drug Regulation. The Regional Assembly shall, by law, establish and maintain an effective food and drug regulatory system. The rational use of drugs through an essential drugs list and the use of generic medicines or drugs, as well as the use of herbal medicines and indigenous health resources, whenever appropriate, shall be encouraged and promoted. (c) Other Legislation. The Regional Assembly shall also enact legislation on the following: (1) Child health and development, including the support of the physically challenged and other disadvantaged persons in need of welfare services; (2) Protection and development of the rights of women and of indigenous population; (3) Registration of births, marriages and deaths; and (4) Fixing of regional public holidays. Sec. 3. Housing Program. The Regional Government, in cooperation with the private sector, shall evolve its own housing program that will provide adequate, low-cost, and decent housing facilities, and other basic services to the residents of the region, especially the underprivileged. Sec. 4. The Regional Assembly shall, within one year from its organization, enact measures embodying re-integration programs responsive to the needs of former rebels who

return to the fold of the law. A rehabilitation program shall be provided for displaced persons or communities that are victims of man-made or natural calamities. Sec. 5. Family as Nation's Foundation. The Regional Government recognizes the Filipino family as the foundation of the nation. It shall strengthen its solidarity and actively promote its total development. Sec. 6. Women's Rights. The Regional Government recognizes the role of women in nation building and regional development. It shall promote their well-being and ensure their fundamental rights and equality with men. The Regional Government shall take appropriate measures against all forms of exploitation of and discrimination against women. It shall ensure the representation of women in appropriate decision and policy-making bodies. Sec. 7. Youth. The Regional Government recognizes the vital role of the youth in nation building. The Regional Assembly may, by law, create the Office of Youth Affairs and define its powers, functions, and composition. Sec. 8. People's Organization. The Regional Government shall protect and promote the rights of people's organizations. Sec. 9. Protection Of Labor. The Regional Government recognizes labor as a primary social economic force for development. It shall afford full protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relations between workers and employers. The Regional Government shall ensure the right of labor to its just share in the fruits of production, and the right of

enterprise to reasonable returns on investments and to expansion and growth. ARTICLE XVI General Provisions Section 1. The Regional Assembly is hereby empowered to pass a law adopting an official regional emblem, seal, and hymn. The regional emblem and seal shall be displayed along with the national emblem and seal. The regional hymn shall be sung in after the national anthem in official proceedings at the discretion of the government officials in the autonomous region. Sec. 2. Disciplinary Authority Over Officials and Employees. The Regional Government shall have primary disciplinary authority over officials and employees of the Regional Government. In the exercise of that authority, the Regional Government shall apply the Civil Service Law, rules and regulations of the central government or national government until the Regional Assembly shall have enacted a Regional Civil Service Law. The Regional Civil Service Law shall govern the conduct of the civil servants, the qualifications for non-elective positions, and the protection of civil service eligibles in various government positions in the autonomous region The Regional Civil Service Law shall be consistent with the provisions of Article IX (b) of the Constitution. Sec. 3. Oath of Office. All public officers and employees, as well as members of the Regional Police Force and the military establishment, shall be required to take an oath of allegiance to the Republic of the Philippines, to support and defend the Constitution and this Organic Act, renounce the use of violence, and commit themselves to democratic means in the pursuit of their ideals and aspirations.

Sec. 4. Civil Service Eligibility. Until the Regional Assembly shall have enacted a civil service law, the civil service eligibilities required by the central government or national government for appointments to public positions shall likewise be required for appointments to government positions in the Regional Government. As may be necessary, the Civil Service Commission shall hold special civil service examinations in the autonomous region. For a period not longer more than six (6) years from the approval of this Organic Act, the central government or national government shall endeavor to provide appropriate civil service eligibility to applicants coming from the autonomous region for government positions therein. The minimum qualifications prescribed by law shall, however, be met. Sec. 5. Prohibition Against Employment of Military Personnel in Civil Service. No member of the Armed Forces of the Philippines in the active service shall, at any time be appointed or designated in any capacity to a civilian position in the Regional Government, including government-owned or-controlled corporations or in any of their subsidiaries or instrumentalities within the autonomous region. Sec. 6. Promulgation and Translation of Organic Act. This Organic Act shall be officially promulgated in Filipino, English, and Arabic and translated into the dialects widely spoken in the autonomous region. In case of conflict, the English text shall prevail. ARTICLE XVII Amendments or Provisions Section 1. Consistent with the provisions of the Constitution, this Organic Act may be re-amended or

revised by the Congress of the Philippines upon a vote of two-thirds (2/3) of the Members of the House of Representatives and of the Senate voting separately. Sec. 2. The Regional Assembly shall have the power to initiate proposals for amendment to or revisions of this Organic Act by a vote of three-fourths (3/4) of all its Members or it may call for a Regional Consultative Commission to propose the amendment or revision. In any case, the amendment or revision shall require the approval of the Congress of the Philippines by a vote of two-thirds (2/3) of the Members of the House of Representatives and of the Senate voting separately. Sec. 3. Any amendment to or revision of this Organic Act shall become effective only when approved by a majority of the vote cast in a plebiscite called for the purpose, which shall be held not earlier than sixty (60) days or later than ninety (90) days after the approval of such amendment or revision. ARTICLE XVIII Transitory Provisions Section 1. Disposition of Certain Real Properties of the Autonomous Region. The land and permanent buildings or structures owned, controlled, administered, or in the possession of the Regional Government of the Autonomous Region in Muslim Mindanao, including those formerly owned, held, administered, or controlled by the defunct autonomous governments in Regions IX and XII located in provinces and cities which do not vote favorably for the inclusion of their respective areas in the Autonomous Region in Muslim Mindanao as provided by this Organic Act shall be purchased by the central government or national government at a price to be determined by the

Oversight Committee as provided for in Sec. 3 of this Article, within three (3) months from the holding of the said plebiscite. Any dispute on the price as determined by the Oversight Committee may be appealed to the President of the Philippines, who shall decide on said price with finality within three (3) months from the receipt of the appeal. The proceeds of the purchase shall be remitted to the Regional Government of the Autonomous Region in Muslim Mindanao. The national government or central government shall within three (3) months from its acquisition of said land and permanent buildings or structures sell, transfer, and convey the said properties in favor of the local government unit having territorial jurisdiction thereover and willing to purchase the said land and buildings or structures, or portions thereof, at the price agreed upon by the central government or national government with the local government concerned. Sec. 2. Personnel Absorbed by Regional Government. All personnel of the central government or national government and of government-owned or-controlled corporations who are absorbed by the Regional Government shall retain their seniority rights, compensation levels, and other benefits. Sec. 3. Oversight Committee. Within one (1) month from the approval of this Organic Act, an oversight committee composed of: (a) the Executive Secretary as Chairman, (b) the Secretary of Budget and Management, (c) the Regional Governor of the autonomous region, (d) the Speaker of the Regional Assembly, (e) the Chair of the Senate Committee on Local Government, (f) one (1) other Senator designated by the Senate President, (g) the Chair of the House Committee on Local Government, and (h) one (1) other representative representing a congressional district in the Autonomous Region in Muslim Mindanao designated by

the Speaker of the House of Representatives, as members, shall be organized for the purpose of supervising the transfer to the autonomous region of such powers and functions vested in it by this Organic Act, and the appropriations of the offices or agencies, including the transfer of properties, assets, and liabilities, and such personnel as may be necessary; and, of identifying the other line agencies and government-owned or -controlled corporations that may be absorbed by the Regional Government and, with respect to the latter, also the terms and conditions of their turnover. Within six (6) months after its organization as ordained by this Organic Act, the oversight committee shall submit its report and recommendations to the President of the Philippines who shall act on the report and recommendations within ninety (90) days after receiving it. If the President fails to act within said period, the recommendation of the oversight committee shall be deemed approved. Sec. 4. Agencies and Offices Transferred to the Autonomous Region. Upon the election of the officials of the Regional Government, as mandated by this Organic Act, the line agencies and offices of the central government or national government dealing with local government, social services, science and technology, labor, natural resources, and tourism, including their personnel, equipment, properties, and budgets, shall be immediately placed under the control and supervision of the Regional Government. Other central government or national government offices and agencies in the autonomous region which are not excluded under Sec. 3, Article IV of this Organic Act together with their personnel, equipment, properties, and budgets, shall be placed under the control and supervision of the Regional Government pursuant to a schedule

prescribed by the oversight committee mentioned in Sec. 3 of this Article. The transfer of these offices and agencies and their personnel, equipment, properties, and budgets shall be accomplished within six (6) years from the reorganization of the Regional Government. The central government or national government shall continue to provide such levels of expenditures as may be necessary to enable the Regional Government to carry out the functions devolved under this Organic Act. The annual budgetary support shall, as soon as practicable, terminate for the line agencies or offices devolved to the Regional Government. Sec. 5. Notwithstanding the provisions of the preceding Sec., the Government Service InSurance System (GSIS), the Social Security System (SSS), the Pagtutulungan-Ikaw, Bangko, Industriya't Gobyerno (PAG-IBIG), and other funds of similar trust or fiduciary nature shall be exempt from the coverage of this Organic Act. Sec. 6. Budgetary Law, Rules, and Regulations. Pending the enactment of a regional budgetary law, the budgeting process of the Regional Government shall be governed by pertinent rules and regulations prescribed by the Department of Budget and Management. Sec. 7. First Regular Elections. The first regular elections of the Regional Governor, Regional Vice Governor and members of the regional legislative assembly under this Organic Act shall be held on the second Monday of September 2001. The Commission on Elections shall promulgate rules and regulations as may be necessary for the conduct of said election. The election of the Regional Governor, Regional Vice Governor, and members of the Regional Legislative Assembly of the Autonomous Region In Muslim Mindanao

(ARMM) set forth in Republic Act No. 8953 is hereby reset accordingly. The funds for the holding of the ARMM elections shall be taken from the savings of the national government or shall be provided in the General Appropriations Act (GAA). Sec. 8. The incumbent Regional Governor, Regional Vice Governor, and members of the Regional Legislative Assembly of the Autonomous Region In Muslim Mindanao shall continue in office pursuant to existing laws and until their successors shall have been duly elected and qualified. Sec. 9. Within one (1) year from its organization, the Regional Assembly shall, by law, create a code commission on Muslim and a code commission on tribal laws. Each code commission shall have three (3) members. The code commissions shall codify tribal laws and Islamic laws and jurisprudence within three (3) years from their creation and submit the same to the Regional Assembly for enactment into law. The Chairs and Commissioners of the code commissions shall be entitled to reasonable per diems for the work. Sec. 10. Initial Funds for the Regional Government. The sum of Fifteen million pesos (P15,000,000.00),which shall be charged against the Contingent Fund of the President, is hereby appropriated for the initial organizational requirements of the Regional Government. Any deficiency shall be taken from savings of the central government or national government. An amount not exceeding Ten million pesos (P10,000,000.00) thereof shall be allotted to the Commission on Elections to undertake an information campaign on this Organic Act. The Commission on Elections shall determine the manner of campaigning and the deputization of government agencies for the purpose. The Commission on Elections shall adopt measures to

ensure the dissemination of the said impartial information campaign. Sec. 11. Annual Assistance. In addition to the regular annual allotment to fund the regular operations of the Regional Government, such amounts as may be needed to fund the infrastructure projects duly identified, endorsed, and approved by the Regional Economic and Development Planning Board as created herein shall be provided by the central government or national government as annual assistance for six (6) years after the approval of this Organic Act, and shall be included in the annual General Appropriations Act (GAA). The annual assistance herein mentioned shall be appropriated and disbursed through a Public Works Act duly enacted by the Regional Assembly. The national programs and projects in the autonomous region shall continue to be financed by central government or national government funds. Sec. 12. Sectoral Representatives. The sectoral representatives mentioned in Sec. 3, Article VI of this Organic Act, shall be chosen by the sectoral groups concerned at sectoral conventions called for the purpose by the Commission on Elections. The sectoral conventions shall be held within three (3) months after the date of the holding of the simultaneous plebiscites mandated by this Organic Act. The Commission on Elections (COMELEC) shall formulate the rules and regulations to ensure equitable sectoral representations in the Regional Assembly. It shall identify and accredit the sectoral organizations, which shall be entitled to sectoral representation in the Regional Assembly. The Regional Assembly shall enact a law for the election of marginalized and under-represented sectors, following the

principle of proportional representation, within its first term following the approval of this Organic Act. Sec. 13. Plebiscite and Effectivity of this Organic Act. This Organic Act shall take effect when approved by a majority of the votes cast in the four (4) provinces constituting the present Autonomous Region In Muslim Mindanao pursuant to Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao. A separate plebiscite shall be held simultaneously with the plebiscite mentioned in the preceding paragraph in the Provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del Norte, Zamboanga del Sur and the newly created Province of Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan, Marawi, Pagadian, Puerto Princesa, Zamboanga, Digos, Koronadal, Tacurong, and Kidapawan to determine by majority vote cast in every province and city whether or not the voters approve the inclusion of their respective provinces or cities in the autonomous region. Only provinces and cities voting favorably in such plebiscite shall be included in the Autonomous Region in Muslim Mindanao. If the majority of the votes cast in the said plebiscite in the four (4) provinces favor the amendments to Republic Act 6734, the amendments will be deemed ratified. Sec. 14. Plebiscite Information Campaign. s The Commission on Elections shall conduct an information campaign on the plebiscite in every municipality, city, and province where the plebiscite is held. Public conferences, assemblies, or meetings on dates before the plebiscite day, itself, shall be held to inform the residents thereof regarding the significance and meaning of the plebiscite and to help them to cast their votes intelligently. Free, full, and

constructive discussion and exchange of views on the issues shall be encouraged. For this purpose, the assistance of persons of known probity and knowledge may be enlisted by the Commission on Elections, the Regional Government, the local government units or interested parties to act as speakers or resource persons. Sec. 15. Promulgation of Rules; Appropriations for Simultaneous Plebiscites. The Commission on Elections shall within fifteen (15) days from the approval of this Organic Act, promulgate such rules and regulations as may be necessary to govern the conduct of the plebiscites. The amount necessary for the conduct of the plebiscites shall be charged against any savings of the appropriations of the Commission on Elections and any deficiency thereof, shall be augmented from the contingent fund. Sec. 16. Zone of Peace and Development. The Special Zone of Peace and Development in the Southern Philippines, the Southern Philippines Council for Peace and Development, and the Consultative Assembly created under Executive Order No. 371 dated October 2, 1996, are deemed abolished and shall cease to exist as of the date of the approval of this Organic Act in the said plebiscites. If this Organic Act is rejected in the said plebiscites, the aforementioned bodies shall continue to exist only in the four (4) provinces constituting the present ARMM and in the provinces and cities that opt to join the expanded autonomous region until abolished by law. Sec. 17. Separability Clause. The provisions of this Organic Act are hereby declared to be separate and in the event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby. Sec. 18. Repealing Clause. All laws, decrees, orders, rules and regulations, and other issuances or parts thereof, which

are inconsistent with this Organic Act, are hereby repealed or modified accordingly. Sec. 19. Effectivity Clause. This Organic Act shall take effect after fifteen (15) days following its complete publication in at least two national newspapers of general circulation and one local newspaper of general circulation in the autonomous region. Approved: March 31, 2001 (Back to top)

APPENDIX C – SHARI'AH BAR QUESTIONS IN PROCEDURE AND EVIDENCE. 1983 SHARI'AH EXAMINATION ON ISLAMIC PROCEDURE AND EVIDENCE 1. Explain the meaning of "the burden of proof is on the plaintiff and oath is incumbent on him who denies". 2. Define trial and explain its order. Distinguish it from pretrial. 3. At the scheduled hearing, the plaintiff failed to present his witnesses and to adduce evidence in court. The shari'a court judge administered the oath (yamin) to defendant. Before the rendition of judgment, plaintiff petitioned the court that he be allowed to present his evidence to prove his case. If you are the shari'a judge, will you grant his motion? What is the effect of the oath (yamin) administered to defendant? Explain. 4. When shall the statement of witnesses (shuhud) and other evidence (bayyina) be submitted? Can the shari'a court proceed with the trial proper prior to the submission of the statement of witnesses? Explain. 5. In one case, plaintiff filed his complaint and defendant filed his answer with counterclaims. In the course of the proceedings, the shari'a trial court ordered the defendant to take an oath (yamin), but he refused (nukul). Thereafter, the shari'a trial court ordered the plaintiff to affirm his claim under oath, but he also refused (nukul). Under this setting, can the shari'a court validly dismiss the case despite the defendant's counterclaims? Will the defendant be barred from recovering his counterclaims merely because he refused to take an oath (yamin)? Explain.

6. (A) What are the three legal methods of proof in islamic jurisprudence? (B) What is the special procedure for mutual imprecation (li'an)? 7. Differentiate exclusive original jurisdiction from concurrent original jurisdiction of the shari'a district court. Give example of each. 8. Explain ta'dil in relation to tarjih as an inquisitorial process of judicial administration of the shari'a law. 9. Define mudda'i and mudda'alaih. Who among the two has the burden of proof? In counter-claim, has mudda'alaih the burden of proof? Explain. 10. What should be stated or alleged in a complaint? Prepare a complaint for support. -oOo-

1987 SHARI'AH EXAMINATION ON PROCEDURE AND EVIDENCE 1. (a) Define or explain the meaning of Evidence. (b) Explain briefly, distinguishing one from the other: Evidence and Proof. 2. What do you understand by "burden of proof" as distinguished from "burden of Evidence:? 3. Discuss briefly the distinction between Jurisdiction and venue. 4. Enumerate the cases cognizable by the Shari'ah District Court in the exercise of its: a) exclusive original jurisdiction; b) concurrent jurisdiction with the Civil Courts; and c) appellate jurisdiction. 5. Enumerate the cases of falling within the exclusive original jurisdiction of the Shari'ah Circuit Court. 6. a) How may an action (da'wa) be commenced in the Shari'ah Court under the Special Rules of Procedure? b) Distinguish between mudda'i & mudda'aalai as understood and contemplated in Islamic Rules on Procedure and evidence? 7. a) When may the defendant (mudda'-aalai) file his answer to the complaint? b) What is the effect of the defendant's failure to file his answer within the reglementary period fixed by the Special Rules? c) Upon the failure of the defendant to file his answer within the reglementary period fixed by the Special Rules, may the plaintiff (Muddda'i) under the same rules file the

corresponding motion to declare defendant (Mudda'alai) in default? 8. a) When does a judgement become final and executory? b) How is an appeal taken: 1. From the Shari'ah Circuit Court to the Shari'ah District Court? 2. From the Shari'ah District Court to the Supreme Court? 9. a) What are the specific offenses punishable under P.D. 1083 which are recognized by the Shari'ah Circuit Courts? b) Under the Special Rules of Procedure in the Shari'ah Courts, name the pleadings, petitions motions prohibited or disallowed to be filed in Court. 10. Practical Exercises: Problem: The parties are Muslims. "A: filed in the Shari'ah District Court of the City of Zamboanga an action against "B" for the recovery of a sum of money. After due trial, judgement was rendered in favor of "A" sentencing "B" to pay the amount demanded in the complaint. Immediately after receiving notice of the judgement, "B" filed a motion for reconsideration on the ground that the judgement was contrary to law and the evidence. Before the motion for reconsideration could be heard, the records of the case were totally destroyed by a fire that gutted the Hall of Justice where the Shari'ah District Court was located. One year thereafter, the records of the case were duly reconstituted. Immediately after the reconstitu-tion, "B" filed a petition praying that his pending motion for reconsideration be heard and resolved. "A" in turn, filed a motion praying for execution of judgement, alleging that the judgement had already become final on the ground that "B" had failed to perfect the appeal on time. The court, without deciding "B's" motion for reconsideration, ordered the issuance of the writ of execution.

Q. a) If you were the attorney for "B", what proceedings would you institute to protect the rights and interest of your clients? b) Prepare the appropriate pleading (legal form) to be filed before the appellate Court on the basis of the facts above given. -o0o-

1991 SHARI'AH BAR QUESTIONNAIRE ON PROCEDURE IN SHARI'AH COURTS 1. (a) Define Procedure and distinguish it from Evidence. (b) How should Rules of Procedure be construed and why? 2. How do you commence an action or proceeding in the Shari'ah Court? Explain. 3. (a) Define complaint? (b) May a complaint lodged before the Shari'ah Court be made orally? Explain. 4. (a) What should the complaint contain? (b) How may the Shari'ah Court acquire jurisdiction over the person of the defendant? 5. (a) When may a defendant file his answer or appear personally or by counsel from receipt of summons? (b) If the defendant fails to answer or appear personally or by counsel within the reglementary period, is it necessary for the plaintiff or counsel to file a motion to declare defendant in default? Explain. 6. (a) Is the Pre-Trial Hearing or Conference under the Special Rules of the Shari'ah Court mandatory or merely directory? And, when should it be held? (b) What are the subject matters to be considered in the Pre-Trial Hearing? 7. (a) What pleadings/documents are to be submitted by the parties or through counsels to the Shari'ah Court within ten (10) days from receipt of Pre-Trial Order? (b) May the Shari'ah Court immediately decide the case and render judgment without a formal hearing on the basis

of the pleadings, evidence and memoranda submitted in the Pre-Trial? Explain. 8. (a) When the judge sets the case for hearing, who may be called to testify at such hearing? (b) Enumerate the pleadings, petitions or motions disallowed for filing in the Shari'ah Court? 9. (a) What are the specific offenses cognizable by the Shari'ah Court? (b) What are the functions of the Agama. Arbitration Council? 10. (a) As a Shari'ah law practitioner, prepare a complete verified petition for correction of entry in the local Shari'ah District Registry to be filed before the appropriate Shari'ah Court according to the facts and circumstances of the case herein stated. Petitioners Abdullah Mohammad and Sittie Mohammad are spouses, Filipino-Muslims, of legal age, residing at Jolo, Sulu; the local District Registrar is impleaded as a formal party respondent; the spouses are the legitimate parents of a three-year-old minor son Amin Mohammad born on February 28, 1988 at the Sulu Public Hospital, Jolo, Sulu; through inadvertence, the local Registrar with whom the birth of their child was registered, erroneously mispelled their son's name as "AMINA MOHAMMAD" instead of the correct name and speelling "AMIN MOHAMMAD", evidenced by xerox copy of the certificate of Live Birth attached as Annex "A"; the erroneous entry in the registry book of live birth is substantial and not innocuous in character as it affects the very identify of the petitioner's son and is even misleading as to his sex which appears to be female, and would probably subject him to constant ridicule and harassment in the future.

(b) As a Shari'ah District Judge, prepare an order granting the aforementioned petition directing the local Shari'ah District Registrar concerned to make the necessary correction of the entry appearing in the Certificate of Live Birth of the minor Amin Mohammad. -ooo0ooo-

EVIDENCE AND PROCEDURE December 11, 1993 2:00 P.M. I. 1. How is an action (da'wa) commenced in the Shari'ah courts under the Special Rules on Procedure? 2. Distinguish between mudda'i and mudda'aalai as understood in Islamic Rules on Procedure and Evidence. II. 1. Explain what is meant by yamin, nukul and tahaluf in Islamic procedure. 2. a. Who is a party required to take an oath under Shari'ah procedure? b. May a non-Muslim be required to take an oath under the Special Rules on Procedure in the Shari'ah courts? III. Abdulwahaf, a Filipino Muslim, married Kathrina, a Christian Filipino, pursuant to P.D. 1083. His wife wants to adopt a baby, who was abandoned by their maid. As her lawyer: 1. In what court should you file the action for adoption? Explain. 2. May the husband object to the adoption? Reason. IV. 1. Under what circumstances may the fatwa of the Jurisconsult of Islamic Law be sought? What is its binding force in the Shari'ah courts/ 2. Under what condition or situation, if any, may the Jurisconsult refuse to render a fatwa as required under Islamic Law? V. 1. In what cases may the Agama Arbitration Council be formed under P.D. 1083?

2. How may the Agama Arbitration Council be conducted under the Special Rules of Procedure in the Shari'ah courts? VI. Enumerate 1. The cases falling under the exclusive original jurisdiction of the Shari'ah Circuit Courts. 2. The cases falling under the concurrent juris-diction of the Shari'ah District Courts and the Civil Courts. 3. The cases falling under the appellate jurisdic-tion of the Shari'ah District Courts and explain the procedure and manner of appeal. VII. "A" has a claim (da'wa) against "B" in the amount of P=1,000.00. "B" denies the claim and interposes the defense that the debt has already been settled and that "A" instead owes him P=2,000.00. During the trial, "A" offers tow witnesses, "C" and "D". Witness "C" attested the claim of "A" in the sum of P1,000.00; while witness "D" testified that "B" owes "A" P1,500.00. 1. State the rule in Islamic Evidence as to the number of witnesses required to establish a fact. In the above case, is the requisite number of witnesses satisfied? 2. What is the rule in cases where there are counter-claims between the parties? In the above case, who is the mudda'i and who is mudda'alai? 3. Suppose "C" is a male witness and "D" is a female witness and both of them are competent to offer evidence. What would be the required number of status of witnesses to establish the claim of "A"? 4. If "B" does not have any evidence to substantiate his counter-claim which "A" denies, how would you proceed to finally resolve the case in accordance with the Special Rules on Procedure in the Shari'ah courts?

VIII. 1. State the reason why testimonial evidence (shahada) is considered of higher character compared to documentary evidence in Islamic Rules on Evidence. 2. What is the wisdom in the Qur'an of the requirement of four (4) witnesses to prove a charge of adultery? Briefly explain. IX. 1. Enumerate the specific offenses punishable under P.D. 1083 which are cognizable by the Shari'ah Circuit Courts. 2. Under the Islamic Rules on Procedure, may a wife bring action in his behalf without joining her husband? Explain. X. 1. What would be the legal effect if the defendant fails to file an answer within ten (l0) days from service of the complaint on him? Reasons. 2. Compare the value of an oath of affirmation with that of an oral testimonial evidence. (Back to top) -o0o-

ABOUT THE AUTHOR Mr. Gubat (Marvin to his friends) is holder of the degrees of Ph.D. in Educational Management, Master in Public Administration, Bachelor of Laws (cum laude), and BSBA Accounting. He passed the Philippine bar examinations and the Philippine CPA Licensure Examinations in 1989 and 1984, respectively. He taught law at the Mindanao State University for more than 20 years and worked as government prosecutor for more than 16 years up to the present time. His other books are: 1. The Revised Rules of Criminal Procedure Annotated; 2. The Special Rules of Procedure Governing the Shari'a Courts Annotated; and 3. Reviewer in Islamic Procedure and Evidence. For further information, email marvin_[myfamilyname]@yahoo.com (Back to top)

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OTHER BOOKS BY THE AUTHOR AT SMASHWORDS 1. The 1997 Rules of Civil Procedure Annotated http://www.smashwords.com/books/view/158751 2. The Revised Criminal Procedure Annotated http://www.smashwords.com/books/view/163494 3. Reviewer in Procedure and Evidence Governing Philippine Shari'a Courts. http://www.smashwords.com/books/view/165399 (Back to top) ####