Shari’ah and Tribal Justice

Section 10. Shariah Judicial and Bar Council

The Shariah Judicial and Bar Council shall recommend to the Judicial and Bar Council the applicants to be:

• judges in the Shari’ah District and Circuit Courts
• the justices of the Shari’ah High Court.

The Judicial and Bar Council shall give utmost consideration to the Shar’iah Judicial and Bar Council nominees in recommending appointees to the President.

The President shall issue the appointments within 90 days from the submission by the Judicial and Bar Council of the list.

Section 11. Consultant to the Judicial and Bar Council

The President shall appoint a consultant to the Judicial and Bar Council, recommended by the Chief Minister from among the members of the Shari’ah Judicial and Bar Council, who shall advise and be consulted by the Judicial and Bar Council on appointments to Shari’ah judicial positions in the Bangsamoro.

Section 12. Composition of the Shari’ah Judicial and Bar Council.

This law creates a Shari’ah Judicial and Bar Council having 5 members:

• a senior member of the Shari’ah High Court, as ex-officio Chairman
• the Head of the Shari’ah Academy
• 1 representative from the Bangsamoro Parliament, as ex-officio members.

Other regular members of the Council shall be 1 representative each from the accredited organization of Shari’ah lawyers and other appropriate accredited organizations in the Bangsamoro.48

The regular members of the Council shall be appointed by the Chief Minister with a term of 5 years without reappointment.

Section 13. Functions of the Shari’ah Judicial and Bar Council

The Shari’ah Judicial and Bar Council shall have the following functions:

• a. Recommend nominees to the Shari’ah Courts in the Bangsamoro which shall be submitted to the Judicial and Bar Council; and
• b. Conduct investigations over erring members of the Shari’ah Bar in the Bangsamoro and over judges and personnel of the Shari’ah Courts in the Bangsamoro, and submit the results of such investigation to the Supreme Court for the latter’s action.

Section 14. Shari’ah Rules of Court

The rules of court for the Shari’ah courts in the Bangsamoro shall be promulgated by the Supreme Court, giving utmost consideration to the recommendations of the Bangsamoro Shari’ah High Court. In the meantime, the special rules of court for Shari’ah courts, as promulgated by the Supreme Court, shall continue to be in force.

Section 15. Special Bar Examinations for Shari’ah

The Supreme Court shall continue to administer Shari’ah Bar examinations for admission of applicants to the Philippine Bar as special members thereof, with due consideration for the special nature of the Shari’ah system and utmost regard to the proposals of the Bangsamoro Shari’ah High Court on this matter.

Section 16. Compensation

Judges of the Shari’ah Circuit Court in the Bangsamoro shall receive the same compensation and enjoy the same privileges as judges of Municipal Circuit Trial Courts.

Judges of the Shari’ah District Court in the Bangsamoro shall receive the same compensation and enjoy the same privileges as the judges of Regional Trial Courts.49

Justices of the Bangsamoro Shari’ah High Court shall receive the same compensation and enjoy the same privileges as the justices of the Court of Appeals.

Section 17. Appointment and Discipline of Shari’ah Court Personnel

The Supreme Court shall appoint the Shari’ah court personnel, and shall have the power of discipline over them. The Shari’ah Judicial and Bar Council shall conduct investigations over erring personnel in Shari’ah courts in the Bangsamoro, and submit the results of such investigation to the Supreme Court for the latter’s action.

Section 18. Shariah Public Assistance Office

To provide free legal assistance to indigent party litigants, the Bangsamoro Parliament shall create a Shari’ah Public Assistance Office for the different Shari’ah courts in the Bangsamoro.

Section 19. Shari’ah Special Prosecution Service

There shall be created a Shari’ah Special Prosecution Service for Shari’ah administration of justice in the Bangsamoro. The Shari’ah Special Prosecution Service shall be attached to the National Prosecutorial Service of the Central Government.

The Bangsamoro Government shall recommend the qualified applicants for the position of the Shari’ah prosecutors and personnel of the Shari’ah Special Prosecution Service to the Secretary of Justice.

Section 20. Shariah Academy

This Law creates a Shariah Academy which:

• conducts courses and trainings on the Shari’ah law in the Bangsamoro
• accredit Shari’ah courses and degrees obtained by Bangsamoro from schools and universities abroad
• develop the curriculum of schools and universities in the Bangsamoro.

The Bangsamoro Parliament shall define its powers and additional functions and appropriate funds therefor. The Shari’ah Academy may coordinate with the National Commission on Muslim Filipinos (NCMF) whenever necessary.

Section 21. Bangsamoro Jurisconsult in Islamic Law

This Law creates an office of Jurisconsult of Islamic law in the Bangsamoro, with powers defined by the Parliament.

The Office of Jurisconsult shall be a collegial body composed of:

• the Jurisconsult
• 3 Deputies appointed by the Chief Minister upon recommendation of the Parliament, taking into consideration the various ethnic groups in the Bangsamoro.

The Jurisconsult and his deputies shall be members of the Philippine Shari’ah Bar or the Integrated Bar of the Philippines, Muslim Bangsamoro, holders of Bachelor Degree in Islamic Law and Jurisprudence, must not be commonly known as one who violates Islamic injunctions, with proven competence and probity, mentally fit, and known for integrity and high moral standards.

Section 22. Jurisconsult Under Existing Law

• The Office of the Jurisconsult under PD 1083 shall be strengthened by providing for salary, rank and privileges of a Justice of the Court of Appeals

Traditional/Tribal Justice Systems

Section 23. Traditional/Tribal Justice Systems.

The Bangsamoro Parliament shall enact laws to promote and support the traditional/tribal justice systems for the indigenous peoples, as defined by them.

The traditional justice systems are the mechanisms to determine, settle, and decide controversies and enforce decisions involving disputes between members of the indigenous peoples concerned in accordance with the tribal codes of these communities.

Section 24. Office for Traditional/Tribal Justice System

This Law creates an Office for Tribal Justice System responsible in overseeing the study, preservation and development of the tribal justice system within the Bangsamoro.

The powers and functions of the Office shall be defined by the Bangsamoro Parliament.

The Office shall ensure the full participation of indigenous peoples in the formulation, implementation and evaluation of policies related to the strengthening of tribal justice system; ensuring further that such systems maintain their indigenous character in accordance with the respective practices of each tribe.51

Local Courts

Section 25. Local Courts.

Local courts in the Bangsamoro shall continue to exercise their judicial functions, as provided by law. The Bangsamoro Government may undertake measures to improve their workings, consistent with the powers of the Supreme Court.

Alternative Dispute Resolution System

Section 26. Alternative Dispute Resolution (ADR)

The Bangsamoro Government shall provide for the institution of alternative dispute resolution system in the Bangsamoro.

The Parliament shall enact the necessary legislation for the operationalization of ADR.

The Bangsamoro Government shall adopt the principles of conciliation and mediation in settling disputes. The Bangsamoro Parliament may provide for prior recourse to alternative dispute resolution before the filing of cases in Shari’ah courts in the Bangsamoro or any Bangsamoro government offices.

Justices from the Bangsamoro

Section 27. Justices from Bangsamoro.

The Central Government shall have at least:

• 1 justice in the Supreme Court
• 2 justices in the Court of Appeals at any one time who shall be qualified individuals of the Bangsamoro territory.

The Chief Minister may, after consultations with the Bangsamoro Parliament and the Shari’ah Judicial and Bar Council, submit the names of qualified persons to the Judicial and Bar Council for its consideration.

The appointments of those recommended by the Chief Minister to the judicial positions mentioned above are without prejudice to appointments that may be extended to other qualified inhabitants of the Bangsamoro to other positions in the Judiciary.

Section 28. Deputy Court Administrator for the Bangsamoro.

The Office of the Deputy Court Administrator for the Bangsamoro is hereby created. The Deputy Court Administrator for the Bangsamoro shall be appointed by the Chief Justice of the Supreme Court from among three (3) recommendees submitted by the Chief Minister upon previous consultation with the Bangsamoro Parliament and with the concerned sectors of the Bangsamoro.