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 Raya Haji), which falls on the tenth day of the twelfth lunar month of Dhu I-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, Tawi-Tawi, 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). cdtai
ARTICLE 172. Observance by 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.
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.
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.
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 parental 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.
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.
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.
Offenses relative to subsequent marriage, divorce, and revocation of divorce.
ARTICLE 183. Offenses relative to subsequent marriage, divorce, and revocation of divorce. — A person who fails 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.
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
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant
