SHARI’A COURT and JUSTICE SYSTEM OF CULTURAL MINORITIES

Shari’a Courts are created specifically for the administration and enforcement of the
Code of Muslim Laws as part of judicial system.

PD No. 1083 “Code of Muslim Personal Laws of the Philippines”

2 Philippine Shari’a Courts

1. Shari’a District Courts

2. Shari’a Circuit Courts

Shari’a District Courts

There are 5 special judicial districts, each to have one Shari’a District Court
presided by one Judge

Judicial function shall be vested in Shari’a District Judge

1. appointed by the President of the Philippines

2. learned in Islamic Law and Jurisprudence, in addition to qualifications for

judges of RTC

2. appointed to serve during good behavior until 65 yrs old

Exclusive Original Jurisdiction: over cases involving:

a. Custody, guardianship, legitimacy, paternity, and filiation;

b. Estate of deceased muslims, probate of wills;

c. Declaration of absence and death, cancellation or correction of entries in

the muslim registries;

d. Mandamus, prohibition, injunction, certiorari, and other quxillary writs in

aid of its appellate jurisdiction;

Concurrent Original Jurisdiction with Civil Courts:

a. Constitution of family home, change of name, commitment of insane

person;

b. All other personal and real actions not within the exclusive jurisdiction of
district court

c. All special civil actions

Shari’a District Courts shall have appellate jurisdiction over all cases tried in the Shari’a
Circuit Courts within their territorial jurisdiction.
Shari’a Circuit Courts

Qualification of Shari’a Circuit Judge:

a. Appointed by the President of the Philippines;

b. Natural-born citizen of the Philippines;

c. At least 25 years of age;

d. Passed the examination in the Islamic law and jurisprudence;

e. Serve during good behavior until 65 years of age;

Exclusive Original Jurisdiction: over cases involving:

a. All cases involving offenses punished under PD No. 1083;

b. All civil actions involving disputes relating to Marriage, Divorce, Breach of

Contract to Marry;

c. Customary Dower;

d. Disposition and Distribution of property upon divorce;

e. Maintenance and Support;

f. Restitution of marital rights.

Indigenous Justice System

RA No. 8731 “The Indigenous Peoples Rights Act of 1997”. This law provides the
right of the indigenous cultural community or indigenous people to use their own
commonly accepted justice systems, conflict resolution institutions, peace building
processes or mechanisms and other customary laws and practices within their
respective communities and as be compatible with the national legal system and with
internationally recognized human rights.

Rights of Indigenous People or Indigenous Cultural Communities:

a. Ancestral Domains;

b. Self-governance and empowerment;

c. Social justice and Human rights;

d. Cultural integrity.

National Commission on Indigenous People (NCIP)

The primary government agency responsible for the formulation and

implementation of the policies, plans, and programs to promote and protect the rights
and well-being of the ICC/IPs.
 The NCIP is an independent agency under the Office of the President and shall be
composed of 7 commissioners belonging to ICC/IPs; two shall be women.

NCIP powers, jurisdiction, and function:

a. To review and assess the conditions of ICC/IPs, and propose relevant laws and
policies;

b. To issue certificate of ancestral land domain titles;

c. To issue certification as a pre-condition to the grant of permit, lease for the

utilization by any private individual on any part of the ancestral domain