Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Creation.
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.
Shari'a judicial districts.
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.
Appointment of judges.
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.
Qualifications.
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.
Tenure.
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.
Compensation.
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.
Original jurisdiction.
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; (b) All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property; (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.
Appellate jurisdiction.
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.
Finality of decision.
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.
Clerks and other subordinate employees.
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.
Permanent stations; offices.
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.
Special procedure.
ARTICLE 148. Special procedure. — The Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate.
Applicability of other laws.
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.
Where established.
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.
Appointment of judges.
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.
Qualifications.
ARTICLE 152. Qualifications. — 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.
Tenure.
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.
Compensation.
ARTICLE 154. Compensation. — Shari'a Circuit judges shall receive the same compensation and enjoy the same privileges as judges of Municipal Circuit Courts.
Jurisdiction.
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.
Clerks and other subordinate employees.
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.
Place of sessions; stations.
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.
Special procedure.
ARTICLE 158. Special procedure. — The Shari'a Circuit Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate.
Applicability of other laws.
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.
Constitution.
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.
Divorce by talaq and tafwid.
ARTICLE 161. Divorce by talaq and tafwid. — (1) Any Muslim male who has pronounced a talaq 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 talaq pronounced shall not become irrevocable until after the expiration of the prescribed 'idda. The notice filed shall be conclusive evidence that talaq 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 t4he 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.
Subsequent marriages.
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, decide whether or not to sustain her objection.
Offenses against customary law.
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.
Creation of office and appointment.
ARTICLE 164. Creation of office and appointment. — (1) 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 re-appointment, unless sooner removed for cause or incapacitated to discharge the duties of his office. (2) 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.
Qualifications.
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.
Functions.
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.
Compensation.
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.
Office personnel.
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.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).