Datu. SALMAN M.

AROMPAC

SHARIAH COURT PROCEDURE AND EVIDENCE

Prepared by: Atty. NADJER D. PINATARA

I. BASIC CONCEPTS

Substantive Law distinguished from Remedial or Adjective Law

Substantive Law is a law which creates, defines or regulates rights, or which regulates rights
and duties which give rise to a cause of action; while Remedial or Adjective law prescribes the
method of enforcing rights or obtaining a redress for their invasion.

Rule-making Power of the Supreme Court

The Supreme Court shall have the power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court (Section 5, Article VIII, of the 1987 Philippine Constitution).

II. SHARI’A COURTS

Court
-is an organ of the government, belonging to the judicial department, whose function is the
application of the laws to controversies brought before it and the public administration of justice. It
is the place where justice is administered.

“Court” distinguished from “judge or Qadi”. Courts and judges are used interchangeably. But there is
an important distinction between the court as an entity, and the person who occupies the position of
judge or qadi. A court is a tribunal officially assembled under authority of law; a judge is simply an
officer of such tribunal. Courts may exist without a judge. There may be a judge without a court.

Laws creating the Shari’a Courts

1). Article 137, PD1083
There are hereby created, as part of the judicial system, courts of limited jurisdiction, to be known
respectively as Shari’a District Courts and Shari’a Circuit Courts, which shall exercise powers and
functions in accordance with this Title.
2). Section 7, Article VIII, Republic Act No. 9054
There is hereby created a Shari’a Appellate Court which shall have jurisdiction over cases
enumerated in Section 9 of this Article.

Rules of Procedure applicable to Shari’a Courts

1). Special Rules of Procedure governing the Shari’a Courts (Ijra-at Mahakim Al-Shari’a)
promulgated by the Supreme Court on September 20, 1983.
2). Revised Rules of Court of the Philippines in suppletory character.

Nature of the Shari’a Courts

Article 137 of PD 1083 states, There are hereby created, as part of the judicial system, courts of
limited jurisdiction, to be known respectively as Shari’a District Courts and Shari’a Circuit Courts,
which shall exercise powers and functions in accordance with this Title.
However, Section 2 of the Judiciary Reorganization Act of 1980 (B.P. 129) enumerates the courts
covered by the Act, comprising the integrated judicial system. Shari’a Courts are not included in
the enumeration notwithstanding that, when said Act took effect on August 14, 1981, PD1083 was
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already in force. The Shari’a Courts are mentioned in section 45 of the Act only for the purpose of
including them in the funding appropriations.

Basic jurisdiction of the Shari’a Courts

The Shari’a Courts shall have jurisdiction over cases involving:
1). Personal,
2). Family and property relations, and
3). Commercial transactions,
4). In addition to their jurisdiction over criminal cases involving Muslims. (Section 5, Article III, RA
9054).

III. JURISDICTION AND VENUE

A. JURISDICTION
Jurisdiction
-is the power and authority of a court to hear, try and decide a case. It is the power and authority
to hear and determine a cause or the right to act in a case.

Jurisdiction distinguished from Venue

1). Jurisdiction is the authority of a court to hear and decide a case; Venue is the place where the
action may be instituted and tried.
2). Jurisdiction is a matter of substantive law; Venue is a matter of procedural law.
3). Jurisdiction is conferred by law or by the Constitution and cannot be conferred by the consent
of the parties or by their failure to object to the lack of it; Venue may be conferred by the act or
agreement of the parties to the action.
4). Jurisdiction establishes a relationship between the court and the subject matter; Venue
establishes a relationship between the parties to the action.
5). The court may motu proprio dismiss a case for lack of jurisdiction; the court can not motu
proprio dismiss a case on the ground of improper venue.
6). Jurisdiction cannot be waived by stipulations of the parties; venue may be waived by the
parties.

Classifications of Jurisdictions
1). Original jurisdiction, the power of the court to take judicial cognizance of a case instituted for
the judicial action for the first time under conditions provided by law.
2). General Jurisdiction, the power to adjudicate all controversies which may be brought before it
within the legal bounds of rights and remedies except those expressly withheld from its plenary
powers.
3). Appellate jurisdiction, the power of a court higher in rank to review the final order or judgement
of a lower court with the power to modify, reverse, sustain or remand, or affirm the same.
4). Limited Jurisdiction, the power to adjudicate is confined to particular causes or which can only
be exercised under the limitations and circumstances prescribed by statute.
5). Exclusive jurisdictions, the power to adjudicate a controversy to the exclusion of all other
courts at that stage and preclude the idea of co-existence.
6). Concurrent Jurisdiction, the power conferred upon different courts, whether of the same or
different ranks, to take judicial cognizance at the same stage of the same case in the same or
different judicial territories.

Jurisdictions of Shari’a Courts

 Shari’a District Courts
1). Original Jurisdictions
a). All cases involving custody, guardianship, legitimacy, paternity and filiation arising under
this Code (PD1083).

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b). All cases involving disposition, distribution and settlement of the estate of deceased
Muslims, 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 and for the cancellation or correction of
entries in the Muslim Registries mentioned in Title VI of Book Two of this Code (PD1083).
d). All actions arising from customary 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 jurisdictions. (Art. 143, PD1083).
2). Concurrent Jurisdictions
a). Petitions by Muslims for the constitutions of family home, change of name and commitment
of an insane person to an asylum.
b). All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties
involved are Muslims except those for forcible entry and unlawful detainer, which shall fall
under the exclusive original jurisdictions of the Municipal Circuit Court.
c). All special civil actions for interpleader or declaratory relief wherein the parties are Muslims
or the property involved belongs exclusively to Muslims.
3). Appellate Jurisdictions
All cases tried in the Shari’a Circuit Courts within their territorial jurisdiction. (Art. 144,
PD1083).

 Shari’a Circuit Courts

Exclusive Original Jurisdiction
1). All cases involving offenses defined and punished under this Code.
2). All civil actions and proceedings between parties who are Muslims or have been married in
accordance with Article 13 involving disputes relating to:
a). Marriage;
b). Divorce recognized under this Code;
c). Betrothal or breach of Contract to marry;
d). Customary dower (mahr);
e). Disposition and distribution of property upon divorce;
f). Maintenance and support, and consolatory gifts (mut’a);
g). Restitution of marital rights;
3). All cases involving disputes relative to communal properties.

Requisites for the valid exercise of Jurisdiction

1. Jurisdiction over the parties of
a. the Plaintiff, is acquired by the filing of the complaint or other appropriate pleading before the
court.
b. the defendant, is acquired by the service of summons or other coercive process upon him or by
his voluntary appearance or submission to the authority of the court.

2. Over the subject matter, is conferred by law.

3. Over the issues of the case, is determined and conferred by the pleadings filed in the case by the
parties.
4. Over the res (property or thing which is the subject matter of the litigation), is acquired by the actual
or constructive seizure by the court of the thing in question, thus putting it in custodia legis.

B. VENUE

Venue
-is the place of trial or geographical location on which an action or proceeding should be brought
and. It is the territorial limits within which judicial power is exercised over an action or special
proceedings.

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Venue of Actions
 Real actions
Actions affecting title to or possession of real property, or interest therein, shall be commenced
and tried in the proper court which has jurisdiction over the area wherein the real property
involved, or a portion thereof, is situated. (Sec. 1, Rule 4, Rules of Court).
 Personal Actions
All other actions may be commenced and tried:
1).where the plaintiff or any of the principal plaintiffs resides, or
2).where the defendants resides, or
3).in the case of a non-resident defendant where he may be found, at the election of the
plaintiff. (Sec. 2, Rule 4, Rules of Court).

IV. ACTION AND CAUSE OF ACTION

A. ACTION
Action
-is an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement
or protection of a right or the prosecution or redress of a wrong. It is the legal and formal demand of
one’s right from another person made and insisted in a court of justice.

Personal Action distinguished from Real Action

Personal Action, is one founded on the privity of contract. It is an action brought for the
recovery of personal property, for the enforcement of a contract or to recover damages for the
commission of an injury to the person or property; while Real Action, is an ordinary civil action that
is founded on the privity of real estate. It is an action which affects title to real property, recovery of
possession, partition or condemnation of, or foreclosure of mortgage on real property involved in
litigation.

Action in Rem distinguished from Action in Personam

Action in personam is an action against a specific person founded on his personal liability;
while Action in rem is an action against a thing or property or status of a person and seek
judgement with respect thereto as against the whole world.
In an action In Personam, jurisdiction over the person of the defendant is necessary for the
court to validly try and decide a case. In action In Rem or Quasi In Rem, Jurisdiction over the
person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the
court acquired jurisdiction over the Res.

B. CAUSE OF ACTION

Cause of Action
-is an act or omission of one party in violation of the legal right or rights of the other.

Elements of Cause of Action

1). Legal right of the plaintiff,
2). Correlative obligation of the defendant to respect that right,
3). An act or omission of the defendant in violation of said legal right.

Right of Action
-is the remedial right to relief granted by law to a party to institute an action against a person who
has committed a delict or wrong against him.

Right of Action distinguished from Cause of Action

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Right of Action, is the right to commence an action in order to obtain a relief. It is remedial
right belonging to a person to presently enforce a cause of action; while Cause of Action is a formal
statement of the operative facts that give rise to such remedial right. There cannot be a right of action
without a cause of action.

Non-Splitting of a Single Cause of Action

Under Section 3, Rule 2 of the Rules of Court, a party may not institute more than one suit for
a single cause of action.
If two or more suits are instituted on the basis of the same cause of action, the filing of one or a
judgment upon the merits in any one is available as a ground for the dismissal of the others. Section
1, paragraph (e) of Rule 16 of the Rules of Court provides “a motion to dismiss may be made if there
is another action pending between the same parties for the same cause”, a remedy available for
splitting one (1) cause of action in two or more actions, and since motion to dismiss is a prohibited
pleading/motion under the Special Rules, it may be invoked in the answer as affirmative defense.
Example under the book of Gubat:
“If A obtained a loan from B secured by a mortgage on the former’s building, the non-
payment by A of the loan constitutes single cause of action, and B cannot split it up into two
separate complaints, one for the payment of the loan and another for the foreclosure of the
mortgage. If B does so, the filing of the first complaint for payment of the loan will bar
subsequent complaint for foreclosure.”

Joinder of Causes of Action

Under Section 5, Rule 2 of the Rules of Court, a party may in one pleading assert, in the
alternative or otherwise, as many causes of action as he may have against an opposing party, subject
to the following conditions:
a. The party joining the causes of action shall comply with the rules on joinder of parties;
b. The joinder shall not include special civil actions or actions governed by special rules;
c. Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided
one of the causes of action falls within the jurisdiction of said court and the venue lies
therein; and
d. Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.

Example under the book of Gubat:

“If Wife, a divorce woman, has claims for support before the expiration of the prescribed
‘idda and unpaid customary dower (mahr) against her divorced husband, she may, in one
complaint, plead both claims for support and unpaid dower against the husband. But if the
causes of action are for support and custody over a minor child, the action should be filed with
the Shari’a District Court which has jurisdiction over an action for custody arising under the
Muslim Code.”

Section 6, Rule 2, Rules of Court provides: Misjoinder of Causes of Action is NOT a ground for
dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the
court, be severed and proceeded with separately.

V. PARTIES TO THE ACTIONS

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1). Plaintiff (mudda’i) refers to the claiming party, the counterclaimant, or the cross-claimant, or
the third (fourth, etc) –party plaintiff. Plaintiff or mudda’i, is a person, who if he should voluntarily
relinquish his claim, cannot be compelled to prosecute it.
2). Defendant (mudda’alai) refers to the original defending party, the defendant in a counterclaim,
the cross-defendant, or the third (fourth, etc.) –party defendant. Defendant or mudda’alai, is a
person who, if he should wish to avoid the litigation is compelled to sustain it.
In the appellate courts, the parties are called the appellant and the appellee. The party appealing
the case is the appellant and the adverse party is the appellee.

Classification of Parties
1). Real party in interest –is the party who stands to be benefited or injured by the judgement in
the suit, or the party entitled to the avails of the suit.
2). Indispensable Party–is one without whom no final determination can be had of an action and
shall be joined either as plaintiffs or defendants.
3). Representative Party–is one acting in a fiduciary capacity, or allowed to sue or be sued in
behalf of other persons such as the trustee of an express trust, a guardian, executor, or
administrator, or a party authorized by statute.
4). Necessary Party or Proper Party–is one who is not indispensable but who ought to be joined
as party if complete relief is to be accorded as to those already parties, or for a complete
determination or settlement of the claim subject of the action.

VI. SPECIAL RULES OF PROCEDURE

Sources of Special Rules of Procedure governing the Shari’a Courts

1). 1987 Philippine Constitution
2). Code of Muslim Personal Laws of the Philippines (PD 1083).
3). Rules of Court of the Philippines
4). Islamic Law on Procedures and Evidence
Special Rules of Procedure distinguished from Rules of Court
1). Special Rules of Procedure is summary in nature; Rules of Court is not summary.
2). Special Rules of Procedure is applicable only to Shari’ah Courts; Rules of Court is applicable
to all regular courts and to Shari’ah courts in suppletory character.
3). There are Pleadings and motions disallowed under the Special Rules of Procedure; such
prohibited pleadings and motions are allowed under the Rules of Court.

Section 1. Commencement of Actions (Da’wa)

All actions and proceedings in the Shari’a Court shall be commenced by complaint which shall
be prepared at least in triplicate by the plaintiff (mudda’i) or his counsel (wakil) or by the
clerk of court.

Complaint may be prepared by the following:

1). Plaintiff (mudda’i)
2). Plaintiff’s counsel (wakil)
3). the Clerk of Court

Complaint must be filed at least in Triplicate as copies of the following:

1). Court’s record
2). Plaintiff’s copy
3). Defendant’s copy

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Who sign the Complaint?

Only the plaintiff or his Counsel (wakil) if he is represented by counsel shall sign the complaint.
The clerk of court can not sign the complaint because if he does, he will act as plaintiff’s counsel.

Amendment of the Complaint

-pleadings may be amended by adding or striking out an allegation or the name of any party, or by
correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in
any other respect, so that the actual merits of the controversy may speedily be determined,
without regard to the technicalities, and in the most expeditious and inexpensive manner.

1). Matter of right –any time before a responsive pleading is served or, in the case of a reply, at
any time within ten (10) days after it is served.
2). By leave of Court
a). After a responsive pleading (answer) is filed
b). Substantial amendments
3). Formal amendment –a defect in the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is caused thereby to the adverse party.

Section 2. The Complaint shall contain:

1). The Title of the case, the case number assigned to it, and the date of filling;
2). The name and address of the plaintiff and/or his counsel, and the name and address of
the defendant (mudda’alai); and
3). A concise statement of the cause of action and the relief prayed for.

Complaint
-is a Pleading alleging the plaintiff’s cause or causes of action. It is the statement of the facts
constituting the cause of action in plain and concise language, in such a manner as to enable a
person of common understanding to know what is intended.

Parts of a Complaint
1). Caption –sets forth the following:
a). Name of the court
b).Title of the action (it indicates the names of the parties).
c). Docket number
2). Body –sets forth the following:
a). Its designation
b). The allegations of the party’s claims or defenses
c). Relief prayed for
d). Date of the pleading
3). Signature and address –every pleading including a complaint must be signed by the party or
counsel representing him, stating in either case his address which should not be a post office box.
4). Verification –a pleading is verified by an affidavit that the affiants has read the pleading and that
the allegations therein are true and correct of his personal knowledge or based on authentic
records.
5). Certification of Non-forum Shopping –the plaintiff shall be under oath certifies that:
a). He has not theretofore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action
or claim is pending therein;
b). If there is such other pending action or claim, a complete statement of the present status
thereof;
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c). If he should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall report that fact within five (5 ) days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.

Section 3. Service of summons

Summons together with the copy of the complaint shall be served upon the defendant.

Summons
-is a writ by which the defendant is notified of the action brought against him.
It is a notice to the defendant that a particular person named therein has commenced an action
against him in a particular court. It is a process by which the court acquire jurisdiction over the person
of the defendant.

Contents of Summons (under the Special Rules)

1). The name of the court and the names of the parties to the action or the title of the action.
2). A direction that the defendant shall file his answer within ten (10) from receipt of summons.
3). A notice that failure of the defendant to file his answers within ten (10) from receipt of
summons, the court, upon motion of the plaintiff shall receive ex parte evidence/s to be presented
by the plaintiff.

Purpose of Summons
To give notice to the defendant that an action has been filed against him. The defendant is thus
put on guard as to the demands of the plaintiff.

Summons may be served by the following:

1). Sheriff
2). Sheriff’s deputy
3). other proper court officer, and
4). for justifiable reasons, any suitable person authorized by the court.
When the defendant is a prisoner confined in a jail or institution, service shall be effected upon
him by the officer having the management of such jail or institution who is deputized as a special
sheriff for said purpose.

Modes of service of Summons

1). By service in person –by handing personally a copy of summons to the defendant in person,
or, if he refuses to receive and sign for it, by tendering it to him.
2). By substituted service
a). by leaving copies of the summons at the defendant’s residence with some person of
suitable age and discretion then residing therein,
b). by leaving the copies of the defendant’s office or regular place of business with some
competent person in charge thereof.
3). By publication –with leave of court, by publication in newspaper of general circulation and in
such places and for such time as the court may order if the defendant
a). is designated as unknown owner, or the like
b). whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry.
4). By extraterritorial service –with leave of court,
a). by personal service out of the Philippines, or
b). by publication in newspaper of general circulation in such places and for such time as the
court may order.

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Voluntary appearance of the defendant

The defendant’s voluntary appearance in the action shall be equivalent to service of summons.
The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of
the defendant shall not be deemed a voluntary appearance.

Section 4. Answer
The defendant shall file an answer within ten (10) days from receipt of the summons either
personally or by counsel, or with the assistance of the clerk of court.

Answer
-is a pleading in which a defending party sets forth his defenses. The purpose of the answer is to
define the issues and to set forth matters that would prevent recovery by the claiming party.

Answer may be prepared by:

1). the defendant personally
2). by the defendant’s counsel, or
3). with the assistance of the clerk of court

Period to file an Answer

Unextendable period of ten (10) days from receipt of the summons.

Defenses may either:

1). Negative Defense –is the specific denial of the material fact or facts alleged in the pleading of
the claimant essential to his cause or causes of action.
2).Affirmative Defense –is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by
him.

Section 5. Failure to Answer

Should the defendant fail to answer the complaint within ten (10) days from service the court
shall proceed to receive the evidence ex party upon which judgement shall be rendered.

Effect of failure to file answer

Under the Special Rules, motion to declare the defendant in default is a prohibited motion if the
defendant does not file an answer. However, the court may allow the plaintiff to present his evidence
ex party (in the absence of the defendant) and the court may render judgement based on the
evidence presented by the plaintiff or grant the prayer/s of the plaintiff but must not exceed the
prayers contained in the complaint and evidence presented.

Non-answering defendant does not lose his personality in the case

Even if the defendant failed to file his answer within the reglementary period, he does not lose his
personality in the action. He may, at any time, appear before the judgement is rendered to protect his
rights. Further, the non-answering defendant shall be entitled to notice of subsequent proceedings.

Section 6. Pre-trial
(1) Not later than thirty (30) days after the answer is filed, the case shall be calendared for
pre-trial. Should the parties fail to arrive at an amicable settlement (sulkh), the court
shall clarify and define the issues of the case which shall be set forth in a pre-trial
order.

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(2) Within ten (10) days from receipt of such order, the parties or counsels shall forthwith
submit to the court the statement of witnesses (shuhud) and other evidence (bayyina)
pertinent to the issues so clarified and defined, together with the memoranda setting
forth the law and the facts relied upon by them.
(3) Should the court find, upon consideration of the pleadings, evidence and memoranda,
that a judgement may be rendered without need of a formal hearing , the court may do
so within fifteen (15) days from the submission of the case for decision.

When Pre-Trial conducted

The plaintiff shall promptly move ex parte that the case be set for pre-trial after the last pleading
(answer) has been served and filed.

Purposes of Pre-trial conference

1). To work out for possible amicable settlement (sulk).
2). If amicable settlement fails, to clarify and define the issues of the case.

Nature of Pre-trial
The Pre-trial is mandatory in all trial courts before going to full blown trial in order to give the
parties a time for possible amicable settlement of the case and avoid the trial proper. This will
expedite the proceedings of a case.

Appearance of the following persons are mandatory in the Pre-trial

1). The plaintiff
2). The defendant
3). Counsels

Effects of failure to appear in the Pre-trial

1). As to the Plaintiff, his failure to appear in the pre-trial shall be cause or a ground for dismissal
of the action/case with prejudice, unless otherwise ordered by the court.
2). As to the defendant, his failure to appear in the pre-trial shall be cause to allow the plaintiff to
present his evidence ex parte and the court to render judgement on the basis thereof.

Section 7. Hearing or Trial

(1) The plaintiff (mudda’i) has the burden of proof, and the taking of an oath ( yamin)
rests upon the defendant (mudda’alai). If the plaintiff has no evidence to prove his
claim, the defendant shall take an oath and judgement shall be rendered in his favor
by the court. Should the defendant refuse to take an oath, the plaintiff shall affirm his
claim under oath in which case judgement shall be rendered in his favor. Should the
plaintiff refuse to affirm his claim under oath, the case shall be dismissed.
(2) If the defendant admits the claim of the plaintiff, judgement shall be rendered in his
favor by the court without further receiving evidence.
(3) If the defendant desires to offer defense, the party against whom judgement would be
given on the pleadings and admission made, if no evidence was submitted, shall have
the burden of prove his case. The statements submitted by the parties at the pre-trial
shall constitute the direct testimony of the witnesses as basis for cross-examination.

Who has a burden of Proof and who shall take an oath?

1). The plaintiff (mudda’i) has the burden of proof
2). The defendant (mudda’alai) has to take an oath

Oath taking shall take place in the following:

a). Defendant shall take an oath when the plaintiff has no evidence to substantiate his claim.
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b). Plaintiff shall take an oath when the defendant refused to take an , in order to affirm his claim.
When the plaintiff has no evidence to substantiate his claim and refused to take an oath, the case
shall be dismissed.

Significance of the inclusion of Oath or Yamin in the Special Rules.

The inclusion of Oath or Yamin in the Special Rules allows the Shari’a Court to render a valid
verdict even in the absence of evidence. This made the Special Rules unique and/or different from
any other Rules.

Admission or Iqrar
-is the voluntary acknowledgement by person of the existence of the truth of certain facts.

Classification of Admission
a). Judicial Admission -is one, verbal or written, made by a party in the pleading or in the course of
the trial or proceeding.
b). Extrajudicial Admission –is one made outside of court or elsewhere.

When Trial Proper necessary?

If the plaintiff has evidence to substantiate his claim and the defendant has also evidence which
he desires to present to avoid the claim of the plaintiff, trial on the merits is necessary in order for the
parties to prove their respective claims and defenses. The statements submitted by the parties at the
pre-trial shall constitute the direct testimony of the witnesses as basis for cross-examination.

Order of Examination of Witness

a). Direct Examination by the proponent
b). Cross Examination by the opponent
c). Re-direct Examination by the proponent
d). Re-cross Examination by the opponent

Section 8. Judgement
(1)The judgement shall be rendered within fifteen (15) days from the termination of the
trial, or disposition of the case, should there be no formal trial or hearing.
(2)The judgement shall become final and executory upon the expiration of the period to
appeal. Once the judgement becomes final and executory, the court motu propio shall
immediately issue the writ of execution for the satisfaction of the judgement.

Judgement
-is the final ruling by a court of competent jurisdiction regarding the rights or other matters
submitted to it in an action or proceeding.

Period of rendition of judgement

As stated in the above section of the Special Rule, judgement shall be rendered within fifteen (15)
days from the:
a). termination of the trial, or
b). disposition of the case, should there be no formal trial or hearing.

When judgement becomes final and executory?

Judgement shall become final and executory upon the expiration or lapse of the period to appeal.
Period to appeal is provided in section 9 of the Special Rules which is fifteen (15) days from the
receipt of the judgement.

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Action of the Court when judgement becomes final and executory

The court motu propio (on its discretion) shall immediately issue the writ of execution for
satisfaction of the judgement. The execution of judgement is a matter of right upon the expiration of
the period to appeal therefrom if no appeal has been duly perfected, as provided in Section 1, Rule
39 of the Rules of Court.

Section 9. Appeal
An appeal shall be made by filing a notice of appeal addresses to the court and by paying the
docket fee within fifteen (15) days from receipt of the judgement.

Appeal
-is a resort to a superior court to review the decision of an inferior court or administrative agency.

Subject of Appeal
An appeal may be taken from a judgement or final order that:
a). completely disposes of a case, or
b). of a particular matter therein when declared by these Rules (Rules of Court) to be appealable.

Conditions in Appeal:
a). it shall be made by filing of a notice of appeal.
b). addressed to the court.
c). paying of docket fee.
d). It must be made within fifteen (15) days from receipt of the judgement.

Section 10. Appeal to the Shari’a District Court

Within five (5) days from the perfection of the appeal, the clerk of court shall transmit the
original record to the appropriate appellate court.

Duty of the Clerk of Court

Transmittal of the original record (together with the transcripts and exhibits, which he shall certify
as complete) to the appropriate appellate court within five (5) from the perfection of the appeal
(compliance of the conditions in appeal above).

Section 11. Appeal to the Supreme Court

Upon the receipt of the original records, transcript and exhibits, the clerk of court of the
Shari’a District Court shall notify the parties of such fact.

Duty of the clerk of Court of the Shari’a District Court

Upon the receipt of the original records, transcripts and exhibits, the clerk of court of the Shari’a
District Court shall notify the parties (the appellant and the appellee) of such fact.

Section 12. Legal Opinion (Fatwa)

Before judgement is rendered, any court may seek the opinion ( fatwa) of the Jurisconsult of
Islamic Law created under the Code of Muslim Personal Laws in matters concerning difficult
questions of Muslim Law and Jurisprudence (fiqh).

Functions of Jurisconsult

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To render legal opinions (fatwa) in matters concerning difficult questions of Muslim Law and
Jurisprudence (fiqh), upon written request of any interested party.

Effect of the Opinion of the Jurisconsult

The opinion of the Jurisconsult is merely persuasive and advisory and it is not binding upon the
court.

Section 13. Pleadings and Motions Disallowed

The court shall not allow the filing of the following pleadings, petitions or motions, to wit:
(a) Motion to Dismiss or to Quash;
(b) Motion for Bill of Particulars;
(c) Motion for extension of time to file pleadings or other papers;
(d) Motion to Declare defendant in Default;
(e) Reply, Third party complaints, or Intervention;
(f) Petition for Certiorari, Mandamus, or Prohibition against any interlocutory order issued
by the court;
(g) Petition for Relief from judgement;
(h) Motion for New Trial or Re-opening of trial;
(i) Any Dilatory motion for postponement.

Distinctions of Pleading and Motion

Pleadings –are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgement.
Motion –is an appropriate application for relief other than by a pleading.
The relief sought by a pleading is a judgement which by its character finally disposes of the case. The
relief sought by a motion is an order that is not included in a judgement.

Purpose of the Prohibitions

The Special Rules is a summary in nature and in order to expedite the proceedings; the Special
Rules prohibits the filing of the above mentioned Pleadings and Motions which oftentimes cause
delays the proceedings.

Motion to Dismiss may be filed if it is grounded on:

A. Lack of Jurisdiction over the subject matter, and
B. Failure to comply with the condition precedent (Barangay Conciliation Proceeding).

OATH (YAMIN)
Section 14. Administration of Oath
(1)An oath (yamin) legally binding in a manner and form observed under Muslim Law
may, by order of the court, be administered upon any parties who are Muslims to
establish a fact, or to affirm any evidence presented. Such oath may constitute as
proof in the absence of any other evidence.
(2)No person shall be allowed to take an oath unless he is qualified under Muslim Law and
is fully aware of the solemnity of the oath or the import of the solemn affirmation. Any
person who is to take an oath or solemn affirmation in accordance with Muslim Law
shall be given reasonable time to think it over.
(3)The court shall set an appropriate time, date and place of oath-taking or of solemn
affirmation by such person. If, at any time before such appointed date, the party who
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is required to take an oath or a solemn affirmation refuses to do so (nukul), the court

may in its discretion direct the person, if he is the plaintiff, to withdraw his claim, or in
case of the defendant, to admit the claim of the plaintiff.

To whom Oath or Yamin administered

It shall be administered to parties who are Muslims. If a party takes an oath, it shall be
legally binding on such person.

Purposes of Oath
a. To establish a fact, or
b. To affirm any evidence presented.

Oath or Yamin
-is an invocation of the name of God or of some person or object held sacred by the person
using the invocation, to witness the truth of a solemn affirmation and to emphasize that affirmation.
(Special Rules of Procedures by: Gubat, 2003 edition)

Significance of the Oath in the above Section

It may constitute as proof in the absence of any other evidence.

Conditions in taking of an Oath or Yamin

a. The person taking an oath must be a Muslim
b. He must be qualified to take an oath under Muslim Law
c. He must be fully aware of the solemnity or the import of the solemn affirmation.
d. He must be given reasonable time to think the oath taking.

Procedures in taking of an Oath or Yamin

The court shall set the following:
a. Appropriate time,
b. Appropriate date, and
c. Appropriate place of oath taking of a person

Effect of withdrawal to take an Oath

a. For the Plaintiff – the court shall direct him to withdraw his claim.
b. For the Defendant – the court shall direct him to admit the claim of the plaintiff.

Section 15. Mutual Oath (Tahaluf)

In case of claims and counter-claims where neither of the parties would give way at the
pre-trial, the court may in its discretion require both parties mutual oath (tahaluf) on any
particular fact or facts upon which the court may render judgement.

Mutual Oath
-is taking of an oath of both parties (the plaintiff and the defendant). It may happen when neither
the parties would give way at the pre-trial and both the claim of the plaintiff and the counter claim of
the defendant are of equal weight. (Special Rules of Procedures by: Gubat, 2003 edition)

Effect of Mutual Oath

It may be a basis for the court for the court to render judgement.
Section 16. Mutual Imprecation (Li’an)

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If a Muslim husband accuses his wife of adultery and fails to prove the same in accordance
with Muslim Law, the court may require the husband and the wife, if she is a Muslim, to
perform the prescribed acts of imprecation (li’an) and, thereafter, the court shall dissolve the
marriage by issuing the appropriate divorce decree in accordance with the provisions of the
Code of Muslim Personal Laws.

Mutual Imprecation or Li’an

Under article 49 of the PD 1083, Li’an is one of the forms of divorce. It shall be performed by
the husband and wife when the former accuses the latter of adultery but the husband’s accusation is
not supported by evidences.

Effect of performance of the acts of imprecations or Li’an

It may be a ground for the court to dissolve the marriage by issuing the appropriate divorce
decree in accordance with the provisions of PD 1083.

SUPPLEMENTAL PROCEEDINGS
Section 17. Suppletory Rule in Civil Cases
The court shall adhere to the sources of Muslim Laws relating to the number, status, or
quality of witnesses (adala) and evidence required to prove any fact. Except as herein
provided, the Rules of Court shall apply in a suppletory manner.

Adherence of the Shari’a Court to the Sources of Muslim Laws relating to:
a. Number
b. Status
c. quality of witness and evidence

Applications of the Rules of Court in the Special Rules

The Rules of Court shall be applied in suppletory character.

Methods of Proving a fact

Under the Special Rules, there are four ways of proving an allegation or establishing a fact:
a. Testimony of witnesses.
b. Admission or Confession
c. Oath, and
d. Other evidence. (Special Rules of Procedures by: Gubat, 2003 edition)

Section 18. Suppletory Rule in Special Offenses

Subject to the next preceding section, all special cases or offenses cognizable by the court
may be filed in such form and head in such manner as prescribed by the applicable laws
and the Rules of Court. However, the court may apply, in a suppletory manner, the
principles of Muslim Law.

ARBITRATION PROCEEDINGS

Section 19. Agama Arbitration, how conducted

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The Agama Arbitration Council, after its constitution pursuant to the provisions of the
Code of Muslim Personal Laws, shall conduct the arbitration proceedings in accordance
with the method it deems appropriate, taking into consideration the circumstances of the
dispute, the conciliation of the parties, the interests of the children, if any, and other third
parties involved, and the need for a speedy settlement of the dispute. However, no
arbitration proceedings shall take place ex parte.

Basis of the Constitution of the Agama Arbitration Proceeding

Article 160 of the PD 1083, the Agama Arbitration council shall be constituted in a manner
specified in therein.

Matters to be considered in the Agama Arbitration Proceedings

a. Circumstances of the dispute
b. Conciliation of the Parties
c. Interest of the children, if there is any
d. Third parties involved
e. Need for a speedy settlement of the dispute.

Cases falling under the jurisdiction of the Agama Arbitration Council

a. Divorce by Talaq and Tafwid (Article 161 of PD 1083)
b. Subsequent marriages (Article 162 of PD 1083)
c. Offenses against customary Law (Article 163 of PD 1083)

Section 20. Effectivity

The Special Rules of Procedures shall take effect immediately.

Date of Approval of the Special Rules

September 20, 1983.

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