THE creation of Sharia courts through Presidential Decree (PD) 1083 was significant. Otherwise known as Code of Muslim Personal Laws, PD 1083 was a significant recognition that Muslim Personal Laws, as the legal system of the Muslims in the country, is part of the law of the land that seeks to make Islamic institutions more effective.
But how do Sharia courts differ from the regular or ordinary courts, in terms of functions and composition? Where are these courts situated? How did they evolve since they were created four decades ago?
The Supreme Court has defined the Sharia court as one with limited and special jurisdiction to hear and decide cases and administer justice for the country’s Muslims.
Article 307 of the Code provides for the establishment of Sharia district courts and Sharia circuit courts as part of the judicial system. The Code envisions the Sharia court to provide for an effective administration and enforcement of personal laws among Muslims. This is in line with the state’s mandate “to consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies.”
In 1989 Republic Act (RA) 6734, or “An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao”, was signed into law. RA 6734 not only recognized and secured the continued existence of the two Sharia trial courts but expanded them, as well, through the creation of the Sharia Appellate Court.
Court structure
THERE are a total of 51 Sharia district courts distributed in various parts of Mindanao, six of these courts are in Sulu; eight in the province of Tawi-Tawi; 10 in the provinces of Basilan, Zamboanga del Sur and the cities of Dipolog, Pagadian and Zamboanga; 12 in the provinces of Lanao del Norte and Lanao del Sur and the cities of Iligan and Marawi; and 15 in the provinces of Maguindanao, North Cotabato and Sultan Kudarat and the city of Cotabato.
A Sharia court differs primarily from the regular courts with regard to jurisdiction.
The Sharia Circuit Courts have been given jurisdiction to decided cases involving offences as defined and punished under the Code of Muslim Person Laws of the Philippines.
Furthermore, Sharia Circuit Courts have been given jurisdiction to handle and decide all civil suits between parties who are Muslims or have been married involving disputes relating to marriage, divorce, betrothal or breach of contrary to marry; customary dower, disposition and distribution of property upon divorce, maintenance and support, and consolatory gifts; and restitution of marital rights.
Meanwhile, based on the SC’s annual report, there is a Sharia district court for each of the five special judicial districts.
The five juridical districts include the province of Sulu (First Sharia Judicial District); Tawi-Tawi (Second Judicial District); Basilan, Zamboanga del Norte, and Zamboanga del Sur, cities of Dipolog, Pagadian and Zamboanga (Third Judicial District); Lanao del Norte and Lanao del Sur, and the cities of Iligan and Marawi (Fourth Judicial District); and the provinces of Maguindanao, North Cotabato, Sultan Kudarat, and the city of Cotabato (Fifth Judicial District).
As of 2006, the five Sharia district courts has yet to be filled up while the Sharia circuit courts has a total of 28 judges, with vacancies totaling to 23.
While regular courts are courts of general jurisdiction, which means, can decide civil and criminal cases brought before them, Sharia courts’ jurisdiction include cases involving personal, family and property and commercial transactions, in addition to criminal cases involving Muslims.
Litigation process in the Sharia courts are pattered with the Revised Rules of Court, which commenced through the filing of a complaint or petition, then followed by service of summons to the respondent.
The respondent or defendant is given time to file an answer, which is followed by a pretrial conference. After which a formal hearing of the case is conducted unless an amicable settlement is reached at the pretrial.
Last, there is the issuance of a judgment or decision on the case.
Sharia court judges are required to be at least 25 years old and natural-born citizens of the Philippines. A judge must also have passed the examination in Sharia and Islamic jurisprudence given by the SC. On the other hand, a Sharia appellate court is composed of one presiding justice and two associate justices.
“The justices of the Sharia appellate court should possess the same qualifications as those of the justices of the Court of Appeals and, in addition, shall also be learned in Islamic law and jurisprudence,” Court Administrator Jose Midas Marquez said.
Specifically, Sharia appellate court justices should be natural-born citizen of the Philippines; should have practiced law in the country or served as a judge of a lower court for 15 years; at least 40 years of age; learned in Islamic jurisprudence; and person of proven competence, integrity, probity and independence.
The Muslim’s appellate court together with the Sharia trial courts have been given jurisdiction over cases involving persons, family and property relations of Muslims in the country.
To be continued