ARTICLE X

BANGSAMORO JUSTICE SYSTEM

Section 1. Justice System in the Bangsamoro. – The Bangsamoro justice system shall be administered in accordance with the unique cultural and historical heritage of the Bangsamoro.

The dispensation of justice in the Bangsamoro Autonomous Region shall be in consonance with the Constitution, Shari’ah, traditional or tribal laws, and other relevant laws.

Shari’ah or Islamic law forms part of the Islamic tradition derived from religious precepts of Islam, particularly the Qur’an and Sunnah.

Shari’ah shall apply exclusively to cases involving Muslims. Where a case involves a non-Muslim , Shari’ah law may apply only if the non-Muslim voluntarily submits to the jurisdiction of the Shari’ah court.

The traditional or tribal laws shall be applicable to disputes of indigenous peoples within the Bangsamoro Autonomous Region.

The provisions of this Article shall not prejudice the rights of non-Muslims and nonindigenous peoples.

Section 2. Shari’ah Courts. – Shari’ah courts within the Bangsamoro territorial jurisdiction shall form part of the Philippine judicial system subject to the supervision of the Supreme Court. The regular courts within the Bangsamoro Autonomous Region shall continue to function under the supervision of the Supreme Court.

The Congress of the Philippines may create additional Shari’ah courts in the Bangsamoro Autonomous Region upon the recommendation of the Supreme Court. It may also create Shari’ah courts outside the Bangsamoro Autonomous Region in areas where a considerable number of Muslims reside.

Section 3. Sources of Shari’ah. – The following are the sources of Shari’ah:

Principal Sources:

(a) Al-Qur’an or the Koran;

(b) Al-Sunnah or the traditions of Prophet Muhammad SAW;

Secondary Sources:

(a) Al-Ijma or Consensus; and

(b) Al-Qiyas or Analogy.

Section 4. Powers of the Parliament to Enact Laws Pertaining to Shari’ah. – The Parliament shall have the power to enact laws on personal, family, and property law jurisdiction.

The Parliament has the power to enact laws governing commercial and other civil actions not provided for under Presidential Decree No. 1083, as amended, otherwise known as ” Code of Muslim Personal Laws of the Philippines,” and criminal jurisdiction on minor offenses punishable by arresto menor or ta’zir which must be equivalent to arresto menor or fines commensurate to the offense.

Section 5. Jurisdiction of the Shari’ah Circuit Courts. – The Shari’ah Circuit Courts in the Bangsamoro Autonomous Region shall exercise exclusive original jurisdiction over the following cases where either or both parties are Muslims: Provided, That the non-Muslim party voluntarily submits to its jurisdiction:

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

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

(1) Marriage;

(2) Divorce;

(3) Betrothal or breach of contract to marry;

(4) Customary dower or mahr;

(5) Disposition and distribution of property upon divorce;

(6) Maintenance and support, and consolatory gifts; and

(7) Restitution of marital rights;

(c) All case involving disputes relative to communal properties;

(d) All cases involving ta’zir offenses defined and punishable under Shari’ah law enacted by the Parliament punishable by arresto menor or corresponding fine, or both;

(e) All civil actions under Shari’ah law enacted by the Parliament involving real property in the Bangsamoro Autonomous Region where assessed value of the property does not exceed Four hundred thousand pesos (₱400,000.00); and

(f) All civil actions, if they have not specified in an agreement which law shall govern their relations, where the demand or claim does not exceed Two hundred thousand pesos (₱200,000.00).

Section 6. Jurisdiction of the Shari’ah District Courts. – The Shari’ah District Courts in the Bangsamoro Autonomous Region shall exercise exclusive original jurisdiction over the following cases where either or both are Muslims: Provided, That the non-Muslim party voluntarily submits to its jurisdiction:

(a) All cases involving custody, guardianship, legitimacy, and paternity and filiation arising under Presidential Decree No. 1083;

(b) All cases involving disposition, distribution, and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administrators or executors regardless of the nature or the aggregate value of the property;

(c) Petitions for the declaration of absence and death, and 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 failed to specify the law governing 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 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 Trial Court;

(h) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims residing in the Bangsamoro Autonomous Region or the property involved belongs exclusively to Muslim and is located in the Bangsamoro Autonomous Region;

(i) All civil actions under Shari’ah law enacted by the Parliament involving real property in the Bangsamoro Autonomous Region where the assessed value of the property exceeds Four hundred thousand pesos (₱400,000.00); and

(j) All civil actions, if they have not specified in the agreement which law shall govern their relations where the demand or claim exceeds Two hundred thousand pesos (₱200,000.00).

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

Section 7. Shari’ah High Court. – There is hereby created within the Bangsamoro territorial jurisdiction, as part of the Philippine judicial system, a Shari’ah High Court. It shall exercise exclusive original jurisdiction over the following cases where either or both parties are Muslims: Provided, That the non-Muslim party voluntarily submits to its jurisdiction:

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

(b) All actions for annulment of judgements of Shari’ah District Courts.

The Shari’ah High Court shall exercise exclusive appellate jurisdiction over cases under the jurisdiction of the Shari’ah District Courts within or outside the Bangsamoro Autonomous Region.

The decisions of the Shari’ah High Court shall be final and executory except on questions of law which may be raised before the Supreme Court following the procedure for appeals from the Court of Appeals to the Supreme Court.

Nothing contained herein shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.

Pending the complete organization of the Shari’ah High Court, the decisions of the Shari’ah Courts shall be appealable to the Court of Appeals.

Section 8. Qualifications of Shari’ah Judges. –

(a) Shari’ah Circuit Court – No person shall be appointed judge of the Shari’ah Circuit Court unless a citizen of the Philippines who is a Muslim, a regular member of the Philippine Bar, at least thirty (30) years of age, must have been engaged in the practice of law for five (5) years or more, and has completed at least two (2) years of Shari’ah or Islamic Jurisprudence.

(b) Shari’ah District Court – No person shall be appointed judge of the Shari’ah District Court unless a citizen of the Philippines who is a Muslim, a regular member of the Philipine Bar, at least thirty-five (35) years of age, must have been engaged in the practice of law for ten (10) years or more, and has completed at least two (2) years of Shari’ah or Islamic Jurisprudence.

(c) Shari’ah High Court – No person shall be appointed as justice of the Shari’ah High Court unless a natural-born citizen of the Philippines who is a Muslim, a regular member of the Philippine Bar, at least forty (40) years of age, must have been engaged in the practice of law for fifteen (15) years or more, and has completed at least two years of Shari’ah or Islamic Jurisprudence.

A Shari’ah Justice or Judge must be a person of competence, integrity, probity, and independence.

The Supreme Court may grant the incumbent Shari’ah District and Circuit Court judges who are not regular members of the Philippine Bar a reasonable period within which to qualify, pending which they shall allowed to continue discharging their duties.

Section 9. Composition of the Shari’ah High Court. The Shari’ah High Court shall be composed of five (5) Justices, including the Presiding Justice.

Section 10. Compensation, Benefits, Tenure, and Privileges. – Justices of the Shari’ah High Court shall have the same rank, prerogatives, salaries, allowances, benefits, tenure, and privileges as the Justices of the Court of Appeals.

Judges of the Shari’ah District Courts shall have the same rank, prerogatives, salaries, allowances, benefits, tenure, and privileges as judges of the Regional Trial Court.

Judges of the Shari’ah Circuit Courts shall have the same rank, prerogatives, salaries, allowances, benefits, tenure, and privileges as judges of the Municipal Trial Court.

Section 11. Shari’ah Rules of Court. – The existing Special Rules of Procedure in Shari’ah courts shall continue to be in force and effect until the Supreme Court promulgates a new Shari’ah Rules of Court.

Section 12. Special Bar Examiniations for Shari’ah. – The Supreme Court shall administer Shari’ah Special Bar Examinations for admission of applicants to the Philippine Bar as special members thereof to practice law in Shari’ah courts. A successful examinee who has qualified for special membership in the Philippines Bar shall be duly conferred the title of counselor-at-law.

Section 13. Practice of Law Before Shari’ah Courts. – The following are eligible to practice before Shari’ah courts:

(a) A Shari’ah counselor-at-law; and

(b) A regular member of the Philippine Bar: Provided, That a Muslim, or non-Muslim who submits to the jurisdiction of the Shari’ah court, who acts on one’s behalf as counsel, shall be allowed to appear as such before any Shari’ah court.

Section 14. Appointment and Discipline of Shari’ah Court Personnel. – The Supreme Court shall appoint the Shari’ah court personnel and shall have the power to discipline them.

Section 15. Bangsamoro Shari’ah Integrated Bar. – The Supreme Court may adopt the rules for the integration of the Shari’ah Bar under such conditions as it shall see fit in order to raise the standards of the profession and improve the administration of justice in the Bangsamoro Autonomous Region.

Section 16. Creation of New Offices. – The Parliament may create a Shari’ah public assistance office, a Shari’ah special prosecution service, a Shari’ah academy, and the Office of the Jurisconsult of Islamic Law. Pending the creation of the Shari’ah special prosecution service, the existing national prosecution service of the Department of Justice shall prosecute criminal cases before the Shari’ah courts.

Section 17. Traditional or Tribal Justice Systems. The Parliament shall enact laws to promote and support the traditional or tribal justice systems that are appropriate for the indigenous peoples.

The indigenous peoples shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms, and order customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights.

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 customary laws of these communities.

Section 18. Office for Traditional or Tribal System. – There is hereby created an Office for Tribal Justice System that shall be responsible for overseeing the study, preservation, and development of the tribal justice system within the Bangsamoro Autonomous Region. The powers and functions of the Office for Tribal Justice System shall be defined by the Parliament.

The office for Tribal Justice System shall ensure the full participation of indigenous peoples in the formulation, implementation, and evaluation of policies, related to the strengthening of tribal justice systems: Provided, – That such system shall maintain their indigenous character in accordance with the respective practices of each tribe.

Section 19. Regular Courts. – Regular courts in the Bangsamoro Autonomous Region shall continue to exercise their judicial functions, as provided by national law.

Section 20. Alternative Dispute Resolution. The Bangsamoro Government shall adopt the principles of conciliation and mediation in settling disputes, with the Parliament enacting the necessary legislation to institute the mechanism for alternative dispute resolution. The Shari’ah courts and traditional or tribal adjudicatory tribunals may utilize this mode of settlement and resolution of cases.