Bangsamoro Justice System

Section 1. Justice System in the Bangsamoro

It shall consist of:

• Shari’ah law for Muslims only
• Tribal justice system for the indigenous peoples
• Local courts and alternative dispute resolution systems.

For Muslims, the justice system in the Bangsamoro shall give primary consideration to Shari’ah, and customary rights and traditions of the indigenous peoples in the Bangsamoro.

Nothing herein shall be construed to operate to the prejudice of non-Muslims and non-indigenous peoples.

Shari’ah Justice System

Section 2. Shari’ah Justice System

The Shari’ah Courts in the Bangsamoro shall have jurisdiction over Shari’ah law enacted by the Bangsamoro Parliament pertaining to persons and family relations, and other civil law matters, commercial law, and criminal law.

There shall be cooperation and coordination with Central Government regarding the Shari’ah justice system, through the different mechanisms as herein provided.

Section 3. Laws on Shari’ah.

The Bangsamoro Parliament shall enact laws pertaining to persons and family relations, and other civil law matters, commercial law, criminal law, including the definition of crimes and prescription of penalties thereof. These laws on Shari’ah shall only be applicable to Muslims. Criminal laws enacted by the Bangsamoro Parliament shall be effective within the territory of the Bangsamoro and shall be in accordance with the universally accepted principles and standards of human rights.

Section 4. Sources of Shari’ah Law. – The following are the sources of Shari’ah law, among others:

• Quran
• Sunnah (Prophetic traditions)
• Al-Qiyas (Analogy)
• Al-Ijima (Consensus).43

Section 5. Shari’ah Circuit Courts

The Shari’ah Circuit Court in the Bangsamoro shall exercise exclusive original jurisdiction over the following matters:

a. All cases involving offenses defined and punished under Presidential Decree No. 1083, where the act or omission has been committed in the Bangsamoro;

b. All civil actions and proceedings between parties residing in the Bangsamoro, and who are Muslims or have been married in accordance with Article 13 of Presidential Decree No. 1083 involving disputes relating to:

• Marriage
• Divorce recognized under Presidential Decree No. 1083
• Betrothal or breach of contract to marry
• Customary dower (mahr)
• Disposition and distribution of property upon divorce
• Maintenance and support, and consolatory gifts, (mut’a)
• Restitution of marital rights

c. All cases involving disputes relative to communal properties;

d. All cases involving offenses defined and punishable under Shari’ah law enacted by the Bangsamoro Parliament with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof

e. All civil actions, under Shari’ah law enacted by the Bangsamoro Government, involving real property in the Bangsamoro, where the assessed value of the property does not exceed 400,000 pesos

f. All civil actions in which the parties are Muslims, or where all litigants have voluntarily submitted themselves to the jurisdiction of the Shari’ah Circuit Courts, if they have not specified in an agreement which law shall govern their relations44 where the demand or claim does not exceed 200,000 pesos

Section 6. Shari’ah District Courts

The Shari’ah District Court in the Bangsamoro shall exercise exclusive original jurisdiction over the following matters: a. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential Decree No. 1083;

b. All cases involving disposition, distribution and settlement of the estate of deceased Muslims that are residents of the Bangsamoro, 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 for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of Presidential Decree No. 1083;

d. All actions arising from customary and Shari’ah compliant contracts in which the parties are Muslims, if they have not specified which law shall govern their relations;

e. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction;

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

g. All other personal and real actions not falling under the jurisdiction of the Shari’ah Circuit Courts 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;45

h. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims residing in the Bangsamoro or the property involved belongs exclusively to Muslims and is located in the Bangsamoro

i. All cases involving offenses defined and punishable under Shari’ah law enacted by the Bangsamoro Parliament not falling within the exclusive jurisdiction of Shari’ah Circuit Courts or any other court, tribunal, or body

j. All civil actions, under Shari’ah law enacted by the Bangsamoro Parliament, involving real property in the Bangsamoro, where the assessed value of the property exceeds 400,000 pesos

k. All civil actions in which the parties are Muslims, or where all litigants have voluntarily submitted themselves to the jurisdiction of the Shar’iah Circuit Court, if they have not specified in an agreement which law shall govern their relations where the demand or claim exceeds 200,000 pesos

The Shari’ah District Court in the Bangsamoro shall exercise appellate jurisdiction over all cases decided upon by the Shari’ah Circuit Courts in the Bangsamoro within its territorial jurisdiction, as provided under Article 144 of Presidential Decree No. 1083.

Section 7. Bangsamoro Shari’ah High Court

This law creates a Bangsamoro Shari’ah High Court which shall exercise exclusive original jurisdiction, whether or not in aid of its appellate jurisdiction, over:

• a. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes, in aid of its appellate jurisdiction
• b. All actions for annulment of judgments of Shari’ah District Courts.

The Bangsamoro Shari’ah High Court shall exercise exclusive appellate jurisdiction over cases under the jurisdiction of the Shari’ah District Courts in the Bangsamoro. The decisions of the Shari’ah High Court shall be final and executory.46

Section 8. Additional Shari’ah Courts.

Upon the recommendation of the Bangsamoro Government, Congress may create additional Shari’ah Courts in the Bangsamoro and apportion the jurisdiction of each of the Shari’ah Circuit and District Courts.

Section 9. Qualifications of Shari’ah Judges.

a. Shari’ah Circuit Court

A judge of the Shari’ah Circuit Court must:

• be a Muslim citizen of the Philippines, at least 25 years old
• be a graduate of a four-year course on Shari’ah or Islamic jurisprudence
• has passed an examination in the Shari’ah to be given by the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari’ah Courts.

b. Shari’ah District Court

A judge of the Shari’ah Circuit Court must:

• be a Muslim citizen of the Philippines
• be at least 35 years old
• be a graduate of a four-year course on Shari’ah or Islamic jurisprudence, and has passed an examination in the Shari’ah to be given by the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari’ah Courts.
• should have been engaged in the practice of Shari’ah law in the Philippines for at least 5 years prior to his appointment

c. Bangsamoro Shari’ah High Court. – No person shall be appointed Justice of the Shari’ah High Court unless he is a Muslim, natural-born citizen of the Philippines, at least forty (40) years of age, a graduate of a four-year course on Shari’ah or Islamic jurisprudence, and has passed an examination in the Shari’ah to be given by the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari’ah Courts. Furthermore, such person should have been47 engaged in the practice of Shari’ah law in the Philippines for at least 10 years prior to his appointment. Provided that, for a period of seven (7) years following the ratification of this Law, the requirement on the practice of Shari’ah law in the Philippines shall only be for six (6) years.

7 years after this law’s ratification:

• the requirement on the completion of a 4-year Shari’ah or Islamic Jurisprudence course shall not apply for the circuit and district court
• The high court is required to have 6 years experience

The Shari’ah High Court shall have 9 justices, including the Presiding Justice.

It may exercise its powers, functions, and duties through 3 divisions:

• Cotabato City
• Marawi City
• Jolo, Sulu.

Each is composed of three (3) members. It may sit en banc only for the purpose of exercising administrative or ceremonial functions.