1.
Can the Sharia Court allow the defendant to
defend himself without the assistance of a
lawyer? Explain.
Yes. One of the rights recognized under Sharia
Court is the Right to an Adequate Defense. This
right includes the right to challenge evidence
presented against the accused and the right to
present contrary evidence, the right to be
heard, and the right to full equality in treatment
with the accuser or opponent before the court
or the judge. The Sunnah guarantees these
rights, as mentioned in the hadith.
Furthermore, the accused has the right to
defend herself or himself, or alternatively, can
request that an expert or an attorney represent
her or him.
Although contrary to which is also, the
defendant is vested with the Right to Counsel.
While classical Shari’ah did not expressly
include any provisions requiring a court to
provide the accused with access to counsel, the
essential qualities of a fair and just trial cannot
be fulfilled in today’s society without such a
right. Modern day Shari’ah scholars recognize
the right to an attorney as a fundamental right
of the accused in any criminal proceeding
2. Summons was received by the brother of the
defendant who was in Saudi Arabia. Was there
a valid service of summons? Explain.
Yes. Under Rule 14, Sec. 15; An Extraterritorial
service of summons is allowed where the action
is against a non-resident defendant who is not
found in the Philippines and the action: [1]
Affects the personal status of plaintiffs; [2]
Relates to or subject of which is property in the
Philippines (real or personal) , in which the
defendant has claim, lien or interest, actual or
contingent; or [3] In which relief demanded
consists wholly, or in part, in excluding the
defendant from any interest therein; or [4]
Property of defendant has been attached within
the Philippines
To be effective, extraterritorial service of
summons must be with leave of court and only
through any of the following means: [1]
Personal service; [2] By publication (and copy
of the summons and order of the court
must be sent by registered mail to the last
known address); [3] Any other manner which
the court may deem sufficient. (Rule 14, Sec.
15).
3. What is the procedure of trial in the Sharia
Court?
Any procedure in a proceeding validly applied
under laws in force shall remain valid unless
otherwise provided for hereunder. (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 judgment 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 judgment
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,
judgment 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 judgment would be given
on the pleadings and admission made, if no
evidence was submitted, shall have the burden
to 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.
4. Give 3 kinds of Judgement and explain each.
1. EX PARTE JUDGEMENT
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.
2. JUDGEMENT WITHOUT FORMAL HEARING
Section 6. Pre-trial
(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 affiliate jurisdiction of the Philippines as
case for decision. provided in the Constitution.

3. JUDGEMENT BY OATH An appeal shall be made by filing a notice of

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.
4. JUDGEMENT BY ADMISSION
Section 7. Hearing or Trial
appeal addressed to the court and by paying
the docket fee within fifteen (15) days from
receipt of the judgment. 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. Upon receipt of the original
records, transcripts and exhibits, the clerk of
court of the Shari'a District Court shall notify
the parties of such fact. Legal Opinion (Fatwa)
Before judgment 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).

(2) If the defendant admits the claim of the

plaintiff, judgement shall be rendered in his
favor by the court without further receiving
evidence.

5. FINAL JUDGEMENT

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.

5. What is the procedure of appeal in the Sharia

Court?

The appeal process from the lower Shari’a Court

straight to the Supreme Court was to fill in the
interstices in existing laws and legal precedents.
Referenced to the Muslim Code, Article 141
provides: The decisions of the Shari’a District
Court whether on appeal from the Shari’a
Circuit Court or not shall be final. Nothing
herein contained shall affect the original and