COURT PROCEDURE
AND EVIDENCE
17th PRE-BAR REVIEW
Atty. Ramayana D. Saidamen-Basman, Sh.C.
Partner, Saidamen and Sipin Law Office
NCMF SHARIAH TRAINING – NCR
for the MARCH 2022 SHARIAH BAR EXAMS
FEBRUARY 27-28, 2022
Outline
DAY 1 - 27 February 2022
Sunday
Introduction – Concepts in
Remedial Law
Important Concepts in Court
Procedure and Evidence
DAY 2 - 28 February 2022
Monday
Recap, Topic VIII (cont.)
Topic IX – Practice Court and
Legal Technique
FAQ’s (Previous Bar Exam
Questions)
Course Syllabus Topics III-VIII
Conclusion
 Evidence and Procedure – 15% Weight (see next slide for sample)
 Course Syllabus centers on: (a) Procedure; (b) Evidence; (c) Legal Forms;
and (d) Practice Court.
Procedure – requirements of litigation. Principles behind the procedures
BASED ON SHARIAH. How cases are commenced, pursued, and
resolved on the basis of admitted evidence. Appeals and judicial
review. Suppletory application of the Rules of Court and relevant
principles of Muslim Law.
Evidence – Kinds of evidence under Special Rules; evident indication of
the commission of an offense by a certain person. Yamin, Shuhud,
Bayina.
Legal Forms – to encourage uniformity in the practice of law.
Practice Court – study trial techniques and apply the trainee’s learnings
 GRADES:
RELATIVE WEIGHT
SAMPLE COMPUTATION
GR RW
TOTAL
Persons, Family Relations, and Property
– 89 x 7
= 623
Jurisprudence & Customary Laws
- 85 x 3
= 255
Procedure & Evidence
- 88 x 3
= 264
Succession, Wills/Adjudication, Settlement – 89 x 7 = 623
----
------
20
1765
==== =====
Weighted Average = 88.25% (1765/20)
DAY 1
27 February 2022
INTRODUCTION
SUBSTANTIVE LAW
REMEDIAL LAW
It is that part of the law which creates, defines, and
regulates rights, or which regulates the right and
duties which give rise to a cause of action.
It prescribes the method of enforcing rights or obtain
redress for their invasions.
It makes vested rights possible.
No vested rights may attach to nor arise therefrom
It is prospective in application.
It may be made applicable to pending actions and
is deemed retroactive.
It originates from the legislature.
It is promulgated by the Supreme Court.
It cannot be enacted by the Supreme Court.
It does not originate from the legislature, but it still
has the force and effect of a law.
 JUDICIAL POWER – includes the duty of the courts of justice to settle actual
controversies involving rights, which are legally demandable and enforceable, and
to determine whether or not there has been grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.
 Judicial power is vested in the Supreme Court. (Article VIII, 1987 Constitution).
 QADI – the person who decides on disputes and imposes penalties
 COURT – 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
 CLASSIFICATION OF COURTS IN THE PHILIPPINES
 According to how they administer justice
 According to nature and extent of jurisdiction
 According to the law creating them
 According to their relation with other courts
 According to whether they keep a record
LAWYER/COUNSELOR
DETERMINES THE FOLLOWING:
CAUSE OF ACTION, RIGHT OF ACTION
PRESCRIPTION OF CASE/OFFENSES
WHICH COURT HAS JURISDICTION
WHERE TO FILE THE ACTION (VENUE)
ACTION
 ACTION – 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.
 CLASSIFICATION OF ACTIONS
 According to CAUSE OR FOUNDATION
 According to the PLACE WHERE INSTITUTED
 According to its OBJECT
 According to its PURPOSE
 CAUSE OF ACTION vs. RIGHT OF ACTION
CAUSE OF ACTION
RIGHT OF ACTION
An act or omission of one party in violation of the legal
right or rights of another.
ELEMENTS: (1) Plaintiff’s right; (2) Defendant’s
obligation to respect Plaintiff’s right; (3) Defendant’s
Act or omission in violation of Plaintiff’s right.
The remedial right to relief granted by law to a party,
to institute an action against a person who did him
wrong.
Statement of facts giving right to a remedial right.
A remedial right to enforce a cause of action.
JURISDICTION
 JURISDICTION – is the power and authority of the court to hear, try, and decide a case.
(Cuenca vs. PCGG, 05 Oct 2007). It is also an authority to execute the decisions rendered
by the court.
 The test of jurisdiction is whether the court has the power to enter into the inquiry and not whether
the decision is right or wrong.
 The jurisdiction of the court is determined by the statute in force at the time of the
commencement of the action. (People vs. Paderna 29 Jan 1968).
 When it appears from the pleading or the evidence on record that the court has no jurisdiction
over the subject matter, the court shall dismiss the case. (Sec.1, Rule 9, Rules of Court).
 CLASSIFICATION OF JURISDICTION
 As to Nature of the Cause
 As to Cases Tried
 As to Nature and Extent of Exercise
 As to Situs
 HOW JURISDICTION IS ACQUIRED
 Over the Plaintiff or Petitioner
 Over the Defendant or Respondent
 Over the Subject Matter of the Claim
 Over the Issues of the Case
 Over the Res (Property or THING which is the subject of the litigation)
 HOW JURISDICTION IS DETERMINED
What determines the nature of the action and jurisdiction of the court are the
ALLEGATIONS IN THE COMPLAINT and the CHARACTER OF THE RELIEF SOUGHT. (Montaner vs.
Shari’ah District Court, 20 Jan 2009).
 EFFECT OF LACK OF JURISDICTION
The jurisdiction of a court may be challenged at anytime at any stage of the action. When
the court proceeded in the action even without jurisdiction, ALL THE PROCEEDINGS THEREON
ARE FUTILE and an INVALID EXRCISE. (Rulona Al Awadhi vs. Astih).
 JURISDICTION BY ESTOPPEL
While the jurisdiction of a tribunal may be challenged at any time, sound public policy bars
the litigants from so doing after having procured that jurisdiction themselves, speculating on the
fortunes of litigation. (People vs. Munar).
VENUE
 VENUE – is the place or the geographical area in which a court with jurisdiction may hear and
determine a case, or the place where a case is to be tried.
 Venue is PROCEDURAL (not jurisdictional), and hence, may be waived. It is meant to provide
convenience to the parties, rather than restrict their access to the courts as it relates to the PLACE OF THE
TRIAL.
 VENUE vs. JURISDICTION
VENUE
JURISDICTION
The place where the case is to be heard or tried.
The authority to hear and determine a case.
Matter of procedural law.
Matter of substantive law.
Establishes a relation between Plaintiff and Defendant, or
Petitioner and Respondent.
Establishes a relation between the court and the subject
matter.
May be conferred by the act or agreement of the parties.
Fixed by law and cannot be conferred by the parties.
 In order to know the VENUE of a particular action, the basic and initial step is to DETERMINE if the
action is a REAL ACTION or a PERSONAL ACTION.
 REAL ACTION – an action is real when it affects title to or possession of real property or an interest therein.
 PERSONAL ACTION – All other actions are personal actions. (Riano, Vol. 1, supra at 185).
 VENUE OF 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.)
 VENUE OF PERSONAL ACTIONS
All other actions may be commenced and tried where the Plaintiff or any of the
principal Plaintiffs resides, or where the Defendant or any of the principal Defendants
resides, or in the case of a non-resident Defendant where he may be found, AT THE OPTION
OF THE PLAINTIFF. (Sec.2, Rule 4, Rules of Court.)
 VENUE OF ACTIONS AGAINST NON-RESIDENTS
If any of the Defendants does not reside and is not found in the Philippines, and the
action affects the personal status of the Plaintiff, or any property of said Defendant located
in the Philippines, the action may be commenced and tried in the court of the place
where the Plaintiff resides, or where the property or any portion thereof is situated or found.
(Sec.3, Rule 4, Rules of Court.)
 WHEN RULE IS NOT APPLICABLE
The rule on venue shall not apply: (a) where a specific rule provides otherwise; or (b)
where the parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof. (Sec.4, Rule 4, Rules of Court.)
LEGAL PRINCIPLES & DOCTRINES
 POLICY OF JUDICIAL HEIRARCHY
 DOCTRINE OF JUDICIAL STABILITY OR NON-INTERFERENCE
 DOCTRINE OF ADHERENCE OF JURISDICTION
 DOCTRINE OF PRIMARY JURISDICTION
 DOCTRINE OF ANCILLARY JURISDICTION
 RESIDUAL JURISDICTION
 OTHERS: Delegated Jurisdiction of Inferior Courts; Special Jurisdiction of MTC
LEGEND:
MeTC – Metropolitan Trial Court
MTCC – Municipal Trial Court in Cities
MTC – Municipal Trial Court
MCTC – Municipal Circuit Trial Court
NLRC – Nat’l. Labor Relations Commission
NAC – Nat’l. Amnesty Commission
CSC – Civil Service Commission
SEC – Securities Exchange Commission
SSS – Social Security System
LRA – Land Registration Authority
ECC – Employees Compensation Comm.
NOTE:
Read
Art.X of
RA11054
(BARMM
Law) for
update.
PRACTICAL APPLICATION
 FACTS OF THE CASE:
 Abdul comes to you for consultation. He fell in love with a Christian woman who
agreed to convert to Islam and marry Abdul. The conversion and marriage were
not registered. They live in Iligan City. Later on, Abdul comes home to discover
his wife cheating on him. The wife left with another man and lived in Sulu. Abdul
was devastated, and he wants a divorce. He now seeks your advice.
 DETERMINE THE FOLLOWING:
 CAUSE OF ACTION, RIGHT OF ACTION – YES.
 WHICH COURT HAS JURISDICTION – Shari’ah Circuit Court (Art.155,CMPL)
 WHERE TO FILE THE ACTION (VENUE) – Personal Action (File in place at Abdul’s
Option)
TOPIC I
COURSE SYLLABUS
INTRODUCTION
COURSE SYLLABUS TOPIC NO. I
COURSE INTRODUCTION
1.Brief background on the Rules on Procedure and Evidence in Islamic Law
 The Prophet Mohammad (PBUH) asked his follower MUADH BIN JABAL how he would decide on cases
brought to him: (1) Quran; (2) Traditions or hadiths of the Holy Prophet; (3) Own judgment. (Bases of
QIYAS).
 This principle of administration of justice was followed by KHULAFA-E-RASHIDIN – QIYAS, IJMA, ad
IJTIHAD
 KHALIFA HAZRAT UMAR BIN AL-KHATTAB improved the judicial system, by separating the judicial office
from the other offices of the State
 No appeal process, usually the State thru CHIEF QADI, CHIEF WAZIR, and 1 or 2 Secretaries of State,
Jurists, or Muftis could correct miscarriage of justice
 UMAIYAD CALIPHATE -Judges were in charge of both civil and criminal jurisdiction, giving them wide
discretionary powers
 ABBASIDES CALIPHATE, justice system then is nearer to modern system now.
 Islamic Judicial System brought to the Philippines and became part of custom.
 P.D. 1083 formalized the creation of Shari’ah Courts and procedure in the Philippines.
COURSE SYLLABUS TOPIC NO. I
COURSE INTRODUCTION
2. Special Rules Adopted by the Supreme Court of the Philippines (See Topic 2)
Ijra-at Al-Mahakim Al-Shariah
Rules of Court and other laws, suppletorily
3. Concepts, Definitions and Principles of Evidence in Islamic Law. (See Topic 3)
4. Its Contribution to the Already Existing Procedure in Agama Courts.
(See Topic 4)
TOPIC II
GENERAL PROCEDURE
STAGE 1
-
COURSE SYLLABUS TOPIC NO. II
GENERAL PROCEDURE
1. Commencement of Action (da’wa)
2. Answer (Sec.4, IAMAS)/
STAGE 2
-
Prohibited Pleadings (Sec.13, IAMAS)
3. Pre-trial Conference
STAGE 3
-
4. Hearing or Trial
STAGE 4
STAGE 5
STAGE 6
-
Sec.1-5,
and 13,
IAMAS
Sec.6,
IAMAS
5. Supplemental Proceedings
Sec.7,
IAMAS
6. Judgment or Decision
Sec.8,5
IAMAS
7. Appeal
8. Execution of Judgment
Sec.9-11,
IAMAS
Sec.8,
IAMAS
STAGE 1 – FILING OF ACTION & ANSWER
- COURT DECISION ON PLEADINGS
Sec. 1. Commencement of
Actions - All actions and
proceedings in the Shari’a
court shall commence by
the filing of a complaint.
This complaint shall be
prepared
at
least
in
triplicate by the plaintiff
(muddai) or his/her counsel
(wakil) or by the Clerk of
Court.
Sec. 4. Answer - The
defendant shall file an
answer within ten (l0)
days from receipt of
the summons either
personally
or
by
counsel, or with the
assistance of the clerk
of court.
Sec. 2. Complaint - The complaint shall contain the
following: 1. title of the case, case number assigned to it,
and date of filing; 2. name and address of the plaintiff
(muddai) and/ or his/her counsel, and name and
address of the defendant (mudda’a alayh); and 3.
concise statement of the cause of action and the relief
prayed for.
Sec. 5. Failure to Answer Should the defendant fail to
answer
the
complaint
within ten (l0) days from
service, the court shall
proceed to receive the
evidence ex parte upon
which judgment shall be
rendered.
Sec. 3. Service of
Summons - Summons
together with the copy
of the complaint shall
be served upon the
defendant.
Sec. 13. Pleadings and Motions Disallowed - The
court shall not allow the filing of the following
pleadings, petitions or motions, namely: (a) Motion
to dismiss or to quash; (b) Motion for a 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
judgment; (h) Motion for new trial or reopening of
trial; and (i) Any dilatory motion for postponement.
ARABIC TERMS
ENGLISH
PARTIES
EVIDENCE
ARABIC
PLAINTIFF
Muddai
DEFENDANT
Mudda’a Alayh
COUNSEL
Wakil
JUDGE
Qadi
AMICABLE SETTLEMENT
SULH
STATEMENT OF WITNESSES
SHUHUD
OTHER EVIDENCE
BAYINA
OATH
YAMIN
ADMISSION
IQRAR
TESTIMONIAL EVIDENCE
SHAHADAH
STAGE 1 – FILING OF ACTION & ANSWER
- COURT DECISION ON PLEADINGS
Plaintiff files
Complaint (3 copies)
Against Defendant
before Shariah Court
Court issues Summons
with copy of Complaint
to Defendant
Summons NOT served
to Defendant because
Defendant cannot be
located or Plaintiff lost
interest
Case may be
ARCHIVED; and when
Plaintiff eventually
locates Defendant,
Plaintiff may revive
action
If Plaintiff fails to
Prosecute, Action may
be dismissed.
Summons was
served to
Defendant
If Defendant
ANSWERS
w/in 10 days
from receipt
of Summons
Court
schedules
Pre-Trial
If Defendant
DOES NOT
Answer
Plaintiff
moves for Ex
Parte
Hearing to
receive
evidence
Note Sec. 13, on Prohibited Pleadings and
Motions:
(a) Motion to dismiss or to quash;
(b) Motion for a 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 judgment;
(h) Motion for new trial or reopening of
trial; and
(i)
Any
dilatory
motion
for
postponement.
Note: Defendant can still participate
anytime before Judgment is rendered,
even if he did not submit an Answer.
Defendant cannot be declared in Default
[because of Sec.13(d)].
STAGE 2 – PRE-TRIAL
Sec. 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 (sulh), the court
shall clarify and define the issues of the
case which shall be set forth in a pre-trial
order.  (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 judgment may be rendered
without need of a formal hearing, the
court may do so within fifteen (l5) days
from the submission of the case for
decision.
After Answer is
Filed, Court will
Calendar Pre-Trial
w/in 30 days
Parties AMICABLY
SETTLE
Parties DOES NOT
Arrive at Amicable
Settlement
Court can clarify/
define ISSUES.
Court can proceed to
issue a PRE-TRIAL
Order (PTO)
W/in 10 days from
Receipt of PTO,
Parties submit
Memoranda with
Attached evidence
(Shuhud/Bayina)
Court proceeds to
TRIAL
Court issues
JUDGMENT
If Parties FAIL to
Appear
If Plaintiff is
absent, the
Judge may
Dismiss the
Complaint
If Defendant
is absent,
Plaintiff files
Motion for Ex
Parte
Hearing.
Court may
render
Judgment
If Plaintiff’s
evidence is
not
sufficient,
Court may
rule in favor
of either or
may dismiss
the case.
STAGE 3
Sec. 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
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.
– TRIAL
PLAINTIFF has burden of proof
to present a case.
Plaintiff has NO
evidence.
Plaintiff has evidence, and
presents them.
After Plaintiff presents
evidence or rests his case,
the Defendant may take 2
actions
If Defendant does
not admit Plaintiff’s
claims. Defendant
has 2 options:
Defendant
presents his
evidence.
Case
submitted for
Resolution.
Court
considers all
evidence,
and renders
DECISION
based on
Merits.
If Defendant
has NO
evidence,
Court may
decide in
Plaintiff’s favor.
If Defendant ADMITS
Plaintiff’s claims,
Court may decide in
favor of Plaintiff with
no need of receiving
Plaintiff’s evidence.
Defendant takes
an OATH, and
Court may issue
Judgment in
Defendant’s
favor
Defendant DOES
NOT take an
OATH.
Plaintiff takes an
Oath to AFFIRM
claims.
Court may issue
Judgment in
Plaintiff’s favor.
Plaintiff refuse to
take an Oath,
Court may
DISMISS case.
STAGE 4
– PROMULGATION OF JUDGMENT
Court renders
DECISION w/in 15
days after end of
trial.
Sec. 8. Judgment - (1) The judgment shall
be rendered within fifteen (l5) days from the
termination of the trial, or disposition of the
case, should there be no formal trial or
hearing. (2) The judgment shall become
final and executory upon the expiration of
the period to appeal. Once the judgment
becomes final and executory, the court
motu proprio shall immediately issue the writ
of execution for the satisfaction of the
judgment.
Losing Party
ACCEPTS decision.
He DOES NOT
appeal or avail of
remedies. Decision
becomes final &
executory.
Losing Party avails
remedies w/in 15
days after receipt
of Decision.
Losing Party files
Motion for
Reconsideration
(MR).
Court motu proprio
issues Writ of
Execution.
If Motion is
denied,
Losing Party
files an
APPEAL or
Special Civil
Action.
If Motion is
granted,
Court may
modify
decision.
STAGE 5
Sec. 9. Appeal - An appeal shall be made
by filing a notice of appeal addressed to the
court and by paying the docket fee within
fifteen (l5) days from receipt of the
judgment.
Sec. 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. 13
Sec. 11. Appeal to the Supreme 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.
– APPEAL
STAGE 6
– EXECUTION OF JUDGMENT
Sec. 8. Judgment - (1) The judgment shall
be rendered within fifteen (l5) days from the
termination of the trial, or disposition of the
case, should there be no formal trial or
hearing. (2) The judgment shall become
final and executory upon the expiration of
the period to appeal. Once the judgment
becomes final and executory, the court
motu proprio shall immediately issue the writ
of execution for the satisfaction of the
judgment.
TOPIC III
RULES ON EVIDENCE
COURSE SYLLABUS TOPIC NO. III
RULES ON EVIDENCE
1. Oath (Yamin)
2. Affirmation under Oath
3. Oral testimony (Shahada)
4. Documentary evidence, how admitted
5. Admissibility and Inadmissibility of
Evidence
MUSLIM LAW ON EVIDENCE
(Ijra-at Al-Mahakim Al Shari’ah)
 Sec. 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 (sulh), the court shall clarify and define the
issues of the case which shall be set forth in a pre-trial order.  (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 judgment may be rendered without need of a formal hearing, the court
may do so within fifteen (l5) days from the submission of the case for decision.
 Sec. 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 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.
MUSLIM LAW ON EVIDENCE
(Ijra-at Al-Mahakim Al Shari’ah)
PART II - OATH (YAMIN)

Sec. 14. Administration of Oath (l) An oath (yamin) legally binding in a manner and form observed under Muslim
Law may, by order of the court, be administered upon any of the parties who are Muslims to establish a f act, 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 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.

Sec. 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 judgment.

Sec. 16. Mutual Imprecation (Li'an) 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.
MUSLIM LAW ON EVIDENCE
The Holy Qur’an provides:
“O ye who believe, be steadfast witnesses for Allah in equity
and let not hatred of any people seduce you that ye deal not
justly.” (5:8)
“O ye who believe, be ye staunch in justice, witnesses for
Allah, even though it be against yourselves or your parents or
your kindred.” (4:135)
MUSLIM LAW ON EVIDENCE
“And call to witnesses from among your men, two witnesses.
And if two men are not available, then one man and two
women whom you approve as witnesses, so that if the one
makes error, the other will remind her. And have witnesses
when you sell one to another.” (2:282)
“And call to witness two just men among you, and keep your
testimony upright for Allah.” (65:2)
“Don’t conceal testimony. He who conceals it, his heart is
sinful.” (2:282)
MUSLIM LAW ON EVIDENCE
Evidence vs. Proof
 Evidence – is the means, sanctioned by the rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.
(Rule 128, Sec. 1, Rules of Court.)
 Proof – is that which convinces, and is the perfection of evidence.
 Distinction
Evidence differs from proof as cause from effect. Proof is that which
convinces; evidence is that which tends to convince. Proof is the
perfection of evidence, for without evidence there is no proof, though
there may be evidence which does not amount to proof.
MUSLIM LAW ON EVIDENCE
CONDITIONS RELATING TO CAPACITY OF A WITNESS
(a) FREEDOM FROM BIAS AND PREJUDICE;
(b) GENERAL RELIABILITY OF CHARACTER; and
(c) MATURITY OF THE UNDERSTANDING AND POWER
OF PERCEPTION.
MUSLIM LAW ON EVIDENCE
 INQUIRY INTO THE COMPETENCY OF A WITNESS
- Among the duties of a Judge is to make inquiries into the witness’
competence either privately or in Court with the help of persons
whom he knows to be reliable and who are acquainted with the life
and character of the witness. (TA’ADIL)
- The other party is also at liberty to take exception or objection to
such evidence by showing that the witness is disqualified or biased.
(TARJIH)
- If the witness is a stranger to the place, the Qadi of the locality
where he resides should be asked to make the inquiry.
MUSLIM LAW ON EVIDENCE
 METHODS OF PROVING A FACT
(1) Admission or Confession (Iqrar) Sec. 7(2) Special Rules
(2) Oath (Yamin) Sec. 7(1) and 14(1)
(3) Testimony of Witness (Shuhud) Sec.6 (2)
(4) Other Evidence (Bayyina) Sec. 6(2)
 DIFFERENT KINDS OF TESTIMONY
UNIVERSAL TESTIMONY (Tawatur) – the highest kind of oral testimony having
regard to its value as a proof consisting of information given by such large body of
men that our reason cannot conceive that they would combine in a falsehood or
agree in an error.
SINGLE TESTIMONY – isolated testimony, not notorious and universal
ADMISSION – when a man testified against himself in support of a claim made
against him
MUSLIM LAW ON EVIDENCE
DIRECT AND HEARSAY TESTIMONY
 Direct testimony alone has probative value. Hence, a
fact must be proved by an eyewitness if it be one which
could be seen, or if it consisted of spoken words, by the
person who heard them.
 But sometimes indirect testimony is also admitted, eg,
facts of paternity, death, marriage, appointment of a
Qadi can be proved by a person who received
information with regard to them from men of reliable
character. (Hedaya, vol. vi, pp. 466-7, Al-Majallah, pp.
287-288)
 Rule 130, ROC.
MUSLIM LAW ON EVIDENCE
CIRCUMSTANTIAL EVIDENCE
 Facts and circumstances (qarinat) may also be relied
upon as proof. But circumstantial evidence will only be
acted upon if it is of a conclusive nature. (qatia’tun).
 If a person is seen coming out from an unoccupied
house in fear and anxiety with a knife covered with
blood in his hand and in the house a dead body is
found with its throat cut, these facts will be regarded as
a proof that the person who was seen coming out
murdered him. (Rahim, pp. 381-382; The Majelle, p.306)
MUSLIM LAW ON EVIDENCE
RETRACTION OF A TESTIMONY
 A retraction of a witness must be
made in Court, otherwise, it will
not be taken into account at all.
MUSLIM LAW ON EVIDENCE
ADMISSION
 When a man testifies against
himself in support of a claim made
against him
 Generally, the Court accepts
admission without requiring any
proof from the claimant.
MUSLIM LAW ON EVIDENCE
REQUISITES FOR ADMISSIBILITY OF AN
ADMISSION
 The admitter must be sane;
 He must be of age;
 His admission must be voluntary;
 He can lawfully transact business;
 He must not be known or popularly
identified in telling lies.
MUSLIM LAW ON EVIDENCE
DOCUMENTARY EVIDENCE
Sometimes, documents are accepted as a
substitute for oral testimony. (See Judicial
Affidavit Rule). But the court is not to act on a
sealed deed or any other documents unless it is
free from the suspicion of being forged and is
such as it customary for people to enter their
transactions therein.
Eg: Official court documents
MUSLIM LAW ON EVIDENCE
EXPERT EVIDENCE
The testimony which is given in relation to some
scientific, technical or professional matter by
experts (e.g. can speak authoritatively due to
their special training, skill, familiarity)
Bases: “Allah saw said ‘we granted inspiration, if
ye realize this not, ask of those who have
knowledge.” 16:43
MUSLIM LAW ON EVIDENCE
ESTOPPEL
 The law sometimes does not allow evidence
being given of a certain fact having regard to
the conduct of the party desiring to adduce
such evidence. This is called “bayanud darurat”
or Estoppel in English.
 E.g. – If an owner of property sees another selling
his/her property and kept quiet, he will not be
allowed to prove that he did not authorize the
said person
MUSLIM LAW ON EVIDENCE
 Part III of the Special Rules (Ijra-at Al-Mahakim Al-Shariah)
 Sec. 17. Supplemental Rule in Civil Cases Muslim Law On
Evidence
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.
 RULE 128 to 134 of the Rules of Court
TOPIC IV
ARBITRATION PROCEEDINGS and
AGAMA ARBITRATION COUNCIL
COURSE SYLLABUS TOPIC NO. IV
ARBITRATION PROCEEDINGS AND
AGAMA ARBITRATION COUNCIL
1. Constitution of Agama Arbitration Council
2. Jurisdiction and function as Agent of the
Court
3. Amicable Settlement Proceedings; PD 1508
(Barangay Justice Law)
4. Indigenous Tradition (Adat or Customary Law)
5. Submission of Findings to Court
6. Court Action
AGAMA ARBITRATION COUNCIL
 AGAMA ARBITRATION COUNCIL – a duly constituted council of arbitrators
(hakam) by the SDC or SCC composed of the Shariah Clerk of Court as exofficio chairman and 2 members nominated by the parties and deputized by
the Courts for the purpose of arbitrating for the parties with the aim of finding
any possibility of amicable settlement (sulh).
 Constitution, Art. 160 PD1083
 Divorce by Talaq and Tafwid, Art. 161 PD1083
 Subsequent Marriage, Art. 162 PD1083
 Offenses against Customary Law, Art. 164 PD1083
 A form of Alternative Dispute Resolution (ADR) whose function is to help the
Court resolve an issue
Ijra-at Al-Mahakim Al-Shari’ah
 PART IV-ARBITRATION PROCEEDINGS
Sec. 19. Argama Arbitration, How Conducted. - 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.
AGAMA ARBITRATION COUNCIL
TOPIC V
SHARI’AH COURTS
TOPIC V - SHARIAH COURTS
1. Shari’ah District Courts
2. Shari’ah Circuit Courts
a. Creation
a. Creation
b. Appointment of Judges
b. Appointment of
c. Original Jurisdiction
d. Concurrent Jurisdiction
Judges
c. Jurisdiction
e. Appellate Jurisdiction
f.
Finality Of Decisions
NOTE: Read Article X, RA 11054 (BARMM LAW) for update.
SHARI’AH DISTRICT COURTS
 Article 137. Creation
There are hereby created as part of the judicial system, courts of limited jurisdiction, to
be known respectively as Shari’ah District Courts and Shari’ah Circuit Courts, which shall
exercise powers and functions in accordance with this Title.
Shari’ah courts and the personnel thereof shall be subject to the administrative
supervision of the Supreme Court. (BASIS is Art.148/Art.159 PD1083)
 Article 138. Shari’a Judicial Districts (ST-BLM)
Five special judicial districts, each to have one Shari’ah District Court presided over by
one judge, are constituted as follows:
(a) FIRST – Province of Sulu;
(b) SECOND – Province of Tawi Tawi;
(c) THIRD – Provinces of Basilan, Zamboanga del Norte and Zamboanga De Sur, and the
Cities of Dipolog, Pagadian, and Zamboanga
(d) FOURTH – Provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and
Marawi; and
(e) FIFTH - Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City
of Cotabato.
SHARI’AH DISTRICT COURTS
 Article 139. Appointment of Judges
- The judicial function in the Shari’ah District Courts shall be vested
in the Shari’ah District judges to be appointed by the President of the
Philippines.
- Appointed by the President of the Philippines from a list of at least
three (3) nominees prepared by the Judicial and Bar Council for every
vacancy
- Does not need confirmation by the Commission on Appointments
(Sec.9,Art8,Constitution)
 Article 140. Qualifications
No person shall be appointed Shari’ah District Judge unless, in
addition to the qualifications for judges of Courts of First Instance (RTC)
fixed in the Judiciary Law, he is learned in Islamic law and
jurisprudence.
SHARI’AH DISTRICT COURTS
 Requirements
(1) Natural-born citizen of the Philippines;
(2) At least 35 years of age;
(3) For at least ten years, has been engaged in the practice
of law in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as an
indispensable requisite;
(4) Learned in Islamic Law and Jurisprudence; and
(5) Of proven
independence.
competence,
integrity,
probity,
and
SHARI’AH DISTRICT COURTS
 Article 141. Tenure
Shari’ah District judges shall be appointed to serve during
good behavior until they reach the age of 65 years (now 70
based on Sec.11,Art.8,Consti), or become incapacitated to
discharge the duties of their office, unless sooner removed for
the same causes and in the same manner provided by law for
judges of CFI (RTC).”
 Art. 142. Compensation
Shari’ah District judges shall receive the same compensation
and enjoy the same privileges as the judges of CFI (RTC).
SHARI’A DISTRICT COURTS
 Art. 145. Finality of Decisions.
The decisions of the Shari’ah District Courts whether on appeal from the
Shari’ah Circuit Court or not shall be final. Nothing herein contained shall
affect the original and appellate jurisdiction of the Supreme Court as
provided in the Constitution.
 Article 146. Clerks and other subordinate employees.
Shari'ah District Courts shall have the same officers and other personnel
as those provided by law for Courts of First Instance (RTC). The pertinent
provisions of the Judiciary Law regarding the number, qualifications,
appointment, compensation, functions, duties and other matters relative to
the personnel of the Courts of First Instance (RTC)shall apply to those of the
Shari'ah District Courts.
SHARI’AH DISTRICT COURTS
 Article 147. Permanent stations; offices.
(1) The Shari'ah District Courts shall have their respective permanent stations in
the following places:
(a) First Shari'a District, Jolo, Sulu;
(b) Second Shari'a District, Bongao, Tawi-Tawi;
(c) Third Shari'a District, Zamboanga City;
(d) Fourth Shari'a District, Marawi City;
(e) Fifth Shari'a District, Cotabato City;
(2) The Shari'ah District Courts may hold sessions anywhere within their
respective districts.
(3) The provinces, cities or municipalities concerned shall provide such courts
with adequate court office, supplies and equipment in accordance with the provisions
of the Judiciary Law.
SHARI’AH DISTRICT COURTS
Article 148. Special procedure.
The Shari'ah District Courts shall be governed by
such special rules of procedure as the Supreme Court
may promulgate.
Article 149. Applicability of other laws.
The provisions of all laws relative to the Courts of
First Instance shall, insofar as they are not inconsistent
with this Code, be applicable to Shari'ah District Courts.
SHARI’AH CIRCUIT COURTS
 Article 150. Where established.
(1) Shari'ah Circuit Courts shall be established as follows: (ST-BLM)
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and
Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and
Zamboanga;
(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur
and the Cities of Iligan and Marawi;
(e) Fifteen in and for the Province of Maguindanao, North Cotabato and
Sultan Kudarat and the City of Cotabato.
(2) The territorial jurisdiction of each of the 'Shari'ah Circuit Courts shall be fixed by the
Supreme Court on the basis of geographical contiguity of the municipalities and cities
concerned and their Muslim population.
SHARI’AH CIRCUIT COURTS
 Article 151. Appointment of judges.
Each Shari'ah Circuit Court shall be presided over by a Shari’ah
Circuit Judge to be appointed by the President of the Philippines.
 Article 152. Qualifications.
No person shall be appointed judge of the Shari'ah Circuit
Court unless he is a natural-born citizen of the Philippines, at least
twenty-five years of age, and has passed an examination in the
Shari'ah and Islamic jurisprudence (fiqh) to be given by the
Supreme Court for admission to special membership in the
Philippine Bar to practice in the Shari'ah Courts.
SHARI’AH CIRCUIT COURTS
 Requirements
(1) Natural-born citizen of the Philippines;
(2) At least 30 years of age;
(3) For at least five years, has been engaged in the
practice of law in the Philippines or has held
public office in the Philippines requiring admission to
the practice of law as an indispensable requisite;
(4) Has passed an examination in the Shari’ah and Islamic
jurisprudence given by the Supreme Court; and
(5) Of proven competence, integrity, probity, and
independence.
SHARI’AH CIRCUIT COURTS

Article 153. Tenure.
Shari'ah Circuit judges shall be appointed to serve during
good behavior until they reach the age of sixty-five years or
become incapacitated to discharge the duties of their office,
unless sooner removed for the same causes and in the same
manner provided by law for judges of Municipal Circuit Courts.

Article 154. Compensation.
Shari'ah Circuit judges shall receive the same
compensation and enjoy the same privileges as judges of
Municipal Circuit Courts.
SHARI’AH CIRCUIT COURTS
 Article 156. Clerks and other subordinate employees.
(1) Shari'ah Circuit Courts shall have the same officers and other
personnel as those provided by law for Municipal Circuit Courts.
(2) The pertinent provisions of the Judiciary Law regarding the number,
qualifications, appointment, compensation, functions, duties and other
matters relative to the personnel of the Municipal Circuit Courts shall apply
to those of the Shari'ah Circuit Courts.
 Article 157. Place of sessions; stations.
Shari'ah Circuit Court may hold session anywhere within their respective
circuits, but each shall have a principal station to be fixed by the Supreme
Court.
SHARI’AH CIRCUIT COURTS
Article 158. Special procedure.
The Shari'ah Circuit Courts shall be governed by
such special rules of procedure as the Supreme Court
may promulgate.
Article 159. Applicability of other laws.
The provisions of all laws relative to Municipal Circuit
Courts shall, to the extent that they are not inconsistent
with this Code, be applicable to the Shari'ah Circuit
Courts.
TOPIC VI
JURISCONSULT
TOPIC VI - JURISCONSULT
1. Creation
2. Appointment
3. Functions
4. Relation to the Supreme Court of
the Philippines
 SEC.12, IAMAS. 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).
 CREATION: Article 164, CMPL, and Article VIII, Section 20, RA 9054.
 JURISCONSULT – aka Mufti, is an officer who renders legal opinions on any
question relating to Muslim Law. He assists the Qadi or Judge, by giving him
fatwas or legal opinions.
 APPOINTMENT
 Article 164, CMPL. Appointed by the President, hold office for 7 years without
prejudice to reappointment unless sooner removed for cause or
incapacitated to discharge the duties of his office.
 QUALIFICATIONS – a citizen of the Philippines; at least 40 y.o.; of GMC and
proven integrity; an eminent scholar in the Quran and Hadith and Islamic
Jurisprudence; and proficient in Arabic
 FUNCTIONS
1. The Jurisconsult shall, on the written request of any interested party, have the
authority to render legal opinions, based o recognized authorities, regarding any
question relating to Muslim Law. For this purpose, he may, if he deems it necessary,
consult or ask for a consensus of the ulamas;
2. The Jurisconsult shall consider and act on every such request unless, in his opinion
and for good reason, the question need not be answered.
3. The Office of the Jurisconsult shall keep a compilation and cause the publication
of all his legal opinions.
 RELATIONS TO THE SUPREME COURT
 Opinions of the Jurisconsult is persuasive. It merely serves to enlighten the court
or the parties concerned, who, however are not necessarily bound to follow the
same. The opinion is not binding upon the court. It is merely advisory or
persuasive. Neither it is incumbent upon the court to seek the Jursiconsult’s
opinion
 The Court, before rendering judgment, may or may not consult the Jurisconsult.
Once opinion is rendered by the Jurisconsult, it may not follow such opinion.
TOPIC VII
LEGAL FORMS
TOPIC VII – LEGAL FORMS
1. Marriage Contract including Dowry (mahr)
2. Divorce
3. Revocation of Divorce
4. Birth
5. Death
6. Conversion
PLEADINGS
a. Complaint
b. Answer
c. Petitions
d. Jurat
e. Verification
f. Acknowledgment
7. Pleadings
8. Written Notice under Art.161 & 162 (CMPL)
1. Marriage Contract
1. Marriage Contract
1. Marriage Contract (Mahr)
2. Divorce
3. Revocation of Divorce
4. Birth Certificate
5. Death Certificate
6. Conversion Certificate
7. Pleadings: (a) Complaint
7. Pleadings: (a) Complaint
7. Pleadings: (b) Answer
7. Pleadings: (c) Petition (FASKH p1)
7. Pleadings: (c) Petition (FASKH p2)
7. Pleadings: (c) Petition (FASKH p3)
7. Pleadings: (c) Petition (NULLITY p1)
7. Pleadings: (c) Petition (NULLITY p2)
7. Pleadings: (c) Petition (NULLITY p3)
7. (d) JURAT
7. (e) VERIFICATION
7. (f) ACKNOWLEDGMENT
Article 161. Divorce by talag and tafwid.
(1) Any Muslim male who has pronounced a talag shall, without delay, file with the Clerk of
Court of the Shari'a Circuit Court of the place where his family resides a written notice of
such fact and the circumstances attended thereto, after having served a copy thereof to the
wife concerned. The talag pronounced shall not become irrevocable until after the expiration of
the prescribed 'idda. The notice filed shall be conclusive evidence that talag has been
pronounced.
(2) Within seven days from receipt of notice, the Clerk of Court shall require each of the
parties to nominate a representative. The representatives shall be appointed by the Court to
constitute, together with the Clerk of Court as Chairman, an Agama Arbitration Council. The
Agama Arbitration Council shall submit to the Court a report on the result of the arbitration,
on the basis of which and such other evidence as may be allowed, the Court shall issue the
corresponding order.
(3) The provisions of this article shall be observed should the wife exercise tafwid.
Article 162. Subsequent marriages. Any Muslim husband desiring to contract a subsequent
marriage shall, before so doing, file a written notice thereof with the Clerk of Court of the
Shari'a Circuit Court of the place where his family resides. Upon receipt of said notice, the
Clerk shall serve a copy thereof to the wife or wives. Should any of them object, an Agama
Arbitration Council shall be constituted in accordance with the provisions of paragraph (2) of
the preceding article. If the Agama Arbitration Council fails to obtain the wife's consent to the
proposed marriage, the Court shall, subject to Article 27, decided whether or not to sustain
her objection.
8. WRITTEN NOTICE ART. 161/162 (PD 1083)
(Notice is usually in Affidavit form)
TOPIC VIII
SUPPLETORY APPLICATION
TOPIC VIII – SUPPLETORY APPLICATION
1. Rules of Court in the Philippines
2. Principles of Muslim Law
3. Other statutory laws applicable
CONCLUSION - DAY 1
Discussed some important Remedial Law
concepts (Action, Jurisdiction, Venue)
History of Islamic Judicial System in and out of
the Philippines
Covered the Course Syllabus from Topics I-VIII
TIP: Keep reading on topics beyond the
syllabus. Supplement reading with pertinent
rules found in the Rules of Court.
DAY 2
28 February 2022
Outline
DAY 1 - 27 February 2022
Sunday
Important Concepts in Court
Procedure and Evidence
DAY 2 - 28 February 2022
Monday
Recap, Topic VIII (cont.)
Topic IX – Practice Court and
Legal Technique
FAQ’s (Previous Bar Exam
Questions)
Course Syllabus Topics I-VIII
Conclusion
Introduction
TOPIC VIII
SUPPLETORY APPLICATION
(cont.)
TOPIC VIII – SUPPLETORY APPLICATION
1. Rules of Court in the Philippines
2. Principles of Muslim Law
3. Other statutory laws applicable
TOPIC VIII - SUPPLETORY APPLICATION
PART III - SUPPLEMENTAL PROCEEDINGS found in the Special Rules (Ijra-at Al-Mahakim
Al-Shariah)
 Sec. 17. Supplemental Rule in Civil Cases Muslim Law On Evidence 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.
 Sec. 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.
SUPPLETORY APPLICATION
ADHERENCE TO MUSLIM LAW ON EVIDENCE
BONDAGJY VS. BONDAGJY (G.R. No. 140817, 07 Dec 2001)
FACTS:
The Petitioner is a Christian who converted to Islam before her
marriage, and then converted back to Catholicism upon their
separation. The Respondent is a Muslim.
Petitioner and Respondent married on 03 Feb 1988 in Manila under
Islamic rites. When they separated, Respondent instituted an action for
custody of their 2 minor children before the Shariah District Court
(SDC).
The SDC applied Muslim law, and decided in favor of Respondent.
SUPPLETORY APPLICATION
ISSUE:
Whether the SDC was correct to decide for Respondent.
HELD:
NO. The Supreme Court reversed the SDC ruling.
The burden is upon Respondent to prove that Petitioner is not
worthy to have custody of her children. We find the evidence
presented by the Respondent to establish Petitioner’s unfitness
according to Muslim law or the Family Code as not sufficient.
The standard in the determination of sufficiency of proof, however
is not restricted to Muslim laws. The Family Code shall be taken into
consideration in deciding whether a non-Muslim woman is
incompetent. What determines her capacity is the standard laid down
by the Family Code now that she is NOT a Muslim.
SUPPLETORY APPLICATION
VILLAGRACIA VS. 5th SHARIAH DISTRICT COURT (G.R.
188832, 23 Apr 2014)
FACTS:
On 15 Feb 1996, Respondent Roldan Mala purchased a 300 sq.m. land in
Maguindanao from Ceres Canete, and Respondent eventually got the Transfer
Certificate of Title in his name. At the time of purchase, Petitioner Villagracia
occupied the land. In 2002, Petitioner obtained an Original Title allegedly covering
the same land. When Respondent had the land surveyed, the surveyor discovered
that Petitioner occupied the land.
Respondent filed an action to recover possession of the land before the 5th SDC.
Summons were served, but Petitioner failed to file an Answer. Respondent presented
evidence ex parte and the court held in his favor and ordered Petitioner Villagracia
to vacate the property.
Petitioner filed a Petition for Relief alleging he is a Christian and alleged that SDC
has no jurisdiction over him. The 5th SDC dismissed the Petition saying Petitioner was
served summons and intentionally waived his right to defend himself.
SUPPLETORY APPLICATION
ISSUE:
Whether SDC may assume jurisdiction in this case where 1 of
the Parties is a non-Muslim?
HELD:
NO. Respondent 5th SDC had no jurisdiction over Respondent’s
Action for Recovery of Possession. The 5th SDC had no authority
under the law to decide Respondent’s action because not all the
parties involved are Muslims. All its proceedings therein are void.
The application of the provisions of the Civil Code of the
Philippines by Respondent Court does not validate the
proceedings before the Court. Under Art. 175 of PD1083,
customary contracts are construed in accordance with Muslim
law. Hence, the SDC apply Muslim law when resolving real
actions arising from customary contracts.
SUPPLETORY APPLICATION
In real actions NOT ARISING from customary contracts,
there is no reason for SDC to apply Muslim law. In such real
actions, the SDC will apply the laws of general application
(Civil Code). This is why the original jurisdiction of the SDC
over real actions not arising from customary contracts is
concurrent with that of the regular courts.
SUPPLETORY APPLICATION
 Application of the Rules of Court
In all matters not provided for the Special Rules of
Procedure in the Shari’ah Courts, the Rules of Court of the
Philippines will be applicable in the Shariah Courts.
Procedural jurisprudence and resolutions of the Supreme
Court likewise apply in Shari’ah Courts.
SUPPLETORY APPLICATION
TAMPAR vs. USMAN, G.R. No. 82077, 01 Aug 1991
FACTS:
Petitioners filed a Complaint for “Annulment of Sale in an EJS of Estate with
Delivery of Certificates of Title and Damages” before 5th SDC of Cotabato City. The
said document was purportedly executed on 11 June 1947 whereby ownership of
the land was conveyed to Respondent for the sum of P1000. The land was
subsequently sold by Respondent Usman to Co-Respondent Mohammad
Datumanong and Hadji Salik Nur.
Petitioner denied entering into an agreement with Respondent Usman, claiming
the signatures were forged. Respondent controverted Petitioner’s allegation and
other claims. No amicable settlement was arrived, and the SDC proceeded by
directing the parties to submit their statements of at least 2 witnesses.
Petitioner has no witness, and they challenged Respondent Usman to take an
Oath. Respondent opposed the challenge, but overruled by Court so Respondent
took the Oath. The Court held for Respondent, and dismissed the Complaint.
SUPPLETORY APPLICATION
ISSUE:
Whether SDC was correct to dismiss the case.
HELD:
YES, the SDC was correct in dismissing the case. The SDC’s
dismissal should be upheld, but not because of the Oath “Yamin”
taken by the Respondent.
Under Sec. 1, Rule 131 of the Rules of Court, which applies
suppletorily in this case, each party must prove his own
affirmative allegations. When the Petitioners failed to adduce
any evidence to support the Complaint, then the Complaint
MUST BE DISMISSED. On this basis, the dismissal made by the SDC
should be upheld.
SUPPLETORY APPLICATION
WAHIDA MUSA vs. MOSON, 200 SCRA 715
FACTS:
On 7 July 1989, Respondent Abdurahim filed a “Joint Petition for the
Administration and Settlement of the Intestate Estate of the late Jamiri Musa and
Liquidation of Conjugal Partnership before the SDC Cotabato City. (Note that this
court also embraces province of Maguindanao within its jurisdiction, but not Davao
Sur/Oriental.)
The Petition averred that decedent Jamiri Musa, a resident of Maguindanao, left
various properties located in Maguindanao, Davao Sur, Davao Oriental. Petitioner
prayed for the settlement of the estate, the liquidation of the Conjugal Partnership of
assets of decedent and Respondent, and the turnover to her of her ½ share.
Petitioners appeared as oppositors, alleging Decedent’s residence was Davao
(not Maguindanao) hence venue was improperly laid; and that Decedents
properties were located outside Mindanao, hence beyond SDC jurisdiction.
Judge ordered publication to set case for hearing.
SUPPLETORY APPLICATION
Petitioners filed their Opposition to the administration and
liquidation of the Conjugal Partnership alleging Respondent
Abdurahim was never legally married to the Decedent.
Judge appointed Respondent Abdurahim as the Regular
Administratrix upon learning she was legally married to the decedent.
Oppositor-Petitioners MR was denied.
Hence, Petitioner filed a Petition for Prohibition before the SC
alleging the SDC has no jurisdiction over the Decedent’s properties in
the province of Davao Sur and Davao Oriental citing the CMPL
ISSUE:
Whether petitioner’s claim that the SDC has no jurisdiction over the
case is correct.
SUPPLETORY APPLICATION
HELD:
NO, it is not correct. The SDC has jurisdiction.
The Supreme Court applied the Rules of Court in a suppletory
manner to the CMPL PD1083 (not to the Special Rules of
Procedure – Ijraat Al Mahakim Al Shariah).
The Supreme Court held, “the Rules of Court likewise provide
that the Court first taking cognizance of the settlement of the
estate of a decedent, shall exercise jurisdiction to the exclusion of
all other Courts. (Rule 73, Sec. 1). There should be no impediment
to the application of said Rules, as they apply suppletorily to the
CMPL, there being nothing inconsistent with the provisions of the
latter statute (CMPL).”
SUPPLETORY APPLICATION
SPS.MAMADSUAL VS. HON.MOSON, G.R. No. 92557, 27 Sep
1990
FACTS:
Petitioner-spouses filed a Complaint against Respondents for “Quieting of Title to
Property, Annulment of Original Certificates of Title, and Damages” with the SDC of
Cotabato City. After the pre-trial conference, the Judge issued a pre-trial Order
defining the issues and directing the parties to submit statements (shuhud) of at least
2 competent witnesses on the issues and other evidence (bayinna).
Petitioners filed the required sworn statements but Respondents failed to do so.
Trial settings were postponed. Respondents filed an “Amplification of Affirmative or
Special Defenses with Prayer for Dismissal of Complaint On the Ground of Lack of
Jurisdiction.”
On this basis, the SDC dismissed the Complaint on the ground Petitioners have no
legal or equitable title to the land in question. Petitioner’s MR was denied. Hence, the
Petition for Review on Certiorari before the SC. Petitioners claim that the SDC should
not have allowed the pleading because it was like a “Motion To Dismiss” prohibited
by the Special Rules.
SUPPLETORY APPLICATION
ISSUE:
Whether the filing of the pleading violated the Special Rules.
HELD:
NO, the filing did not violate the Special Rules.
Under Sec. 17 of the Ijra-at Al Mahakin Al Shariah, it is
specifically provided that the Rules of Court shall apply in a
suppletory manner in civil cases. Sec. 5 Rule 16 of the Rules of
Court provides –
Sec.5 Pleading grounds as affirmative defenses. – Any of the
grounds for dismissal provided for in this rule, except improper
venue, may be pleaded as an affirmative defense, and a
preliminary hearing may be had thereon as if a motion to
dismiss had been filed.
SUPPLETORY APPLICATION
From the foregoing, it is clear that the trial court properly
set the case for hearing on the affirmative defenses seeking
dismissal of the complaint raised by the private Respondents
in their Answer. What the Ijra-at Al Mahakim Al Shariah
proscribes is the filing of a motion to dismiss in lieu of an
answer which would stop the running of the period to file an
answer and cause undue delay. The prohibition is intended
to put a stop to the filing of dilatory pleadings with the end in
view of expediting proceedings before Shariah courts.
SUPPLETORY APPLICATION
 Application and Interpretation of Laws
The provisions of the Muslim Code and tribal code shall be
applicable ONLY TO MUSLIMS and other members of the indigenous
cultural communities respectively, and nothing in the Organic Act shall
be construed to operate to the prejudice of the non-Muslims and nonmembers of indigenous cultural communities (RA 9054, Sec.22, Art. VIII)
In case of conflict between the Muslim Code and the tribal code,
the NATIONAL LAW shall apply.
In case of conflict between the Muslim Code or the tribal code on
one hand, and the national law on the other, the NATIONAL LAW shall
prevail.
SUPPLETORY APPLICATION
Bases and Interpretation of Islamic Law
The Shariah Courts shall interpret Islamic law
based on the sources such as:
(a) The Holy Qur’an;
(b) Al-Sunna (Prophetic Traditions);
(c) Al-Qiyas (Analogy);
(d) Al-Ijma (Consensus); and
Sec.23, Art. X, RA11054 BARMM LAW)
TOPIC IX
PRACTICE COURT /
LEGAL TECHNIQUES
LEGAL TECHNIQUE
 LEGAL TECHNIQUE – is a complex phenomenon, consisting of a set of various
skills, methods, ways and procedures, organized into a functioning unit
 CONCEPTS IN LEGAL REASONING
LEGAL REASONING - used when we apply laws, rules, and regulations to particular
facts and cases AND when we interpret constitutions and statutes; when we
balance fundamental principles and policies; when we evaluate evidence; and
make judgments to render legal decisions.
BURDEN OF PROOF - Duty of any party to present evidence to establish his claim or
defense by the amount of evidence required by law, which is preponderance of
evidence in civil case.
- It lies upon him who asserts it, not upon him who denies it
- Sec.1, Rule 131, ROC
LEGAL TECHNIQUE
 2 General Criteria in Evaluating Legal Reasoning
1. TRUTH
2. LOGIC
 LOGIC - Study of the principles and methods of good reasoning. It is a science of reasoning
which aims to determine and lay down the criteria of good (correct) reasoning and bad
(incorrect) reasoning.
- Its task does not merely describe how people reason, but to discover and make
available those criteria that can be used to test arguments for corrections.
- sensible given the circumstances, rational
- clear, sound reasoning
 PURPOSES:
1. It probes into the fundamental concepts of argument, inference, truth, falsity and validity.
2. It is by means of logic that we clarify our ideas; assess the acceptability of the claims and
beliefs we encounter; defend and justify our assertions and statements; and make rational and
sound decisions.
LEGAL TECHNIQUE
 Argument as an Expression of Reasoning
ARGUMENT - A group of statements in which one statement is claimed to be true on
the basis of another statement/s.
-An argument is a group of statements but not all group of statements are arguments.
- If the speaker’s intent is to prove or establish that something is the case – that is, to
provide reasons or evidence for accepting the claim as true, then this is an argument.
 FACTS ( What are the facts that are relevant to the rule cited?)
- “material facts” are facts that fit the elements of the rule. Then the rule would be
satisfied if the facts of the present case cover all the elements of the rule.
-
facts are information known or proved to be true
-
sound reasoning demands that facts should not be one sided.
-
NOTE the claims of BOTH parties.
LEGAL TECHNIQUE
 ISSUE (What is being argued?) - Any matter of controversy or
uncertainty;
- A point in dispute, in doubt, in question, or simply up for discussion or
consideration.
- Always formulated in an interrogative sentence.
- Pertain to a legal matter, not just any controversial question.
- A whole argument is directed by the issue at hand. Meaning,
relevance of the premises depends on the very issue the argument is
addressing.
- Whatever answer we give constitutes our position on the issue
reflected in the conclusion of our argument.
LEGAL TECHNIQUE
 RULE/LAW (What legal rules govern the issue?)
 - Cite a rule (statute/ordinance/jurisprudence) and apply it
to a set of facts, to argue a legal case.
 - Existing rule governing the issue should be SPECIFICALLY
CITED.
 - Rule can take the FORM of principles or cases that courts
have already decided. Reasoning here usually consists of
arguing that the case under discussion is similar to that prior
case (stare decisis) or principle.
LEGAL TECHNIQUE
 DEPENDENCE ON PRECEDENTS
• “Stare decisis et non quieta movere”
• The bedrock of precedents.
• As embodied in Article 8 of the Civil Code of the Philippines (RA 386) the doctrine of stare
decisis expresses that judicial decisions applying or interpreting the law shall form part of the
legal system of the Philippines.
 DOCTRINE OF STARE DECISIS
• When a court has once laid down a principle, and apply it to all future cases, where facts
are substantially the same, regardless of whether the parties and properties are the same, follow
past precedents and do not disturb what has been settled.
• Matters already decided on the merits cannot be subject of litigation again.
• NOTE: This rule does not elicit blind adherence to precedents. (Case to case basis).
• Based on the principle, once a question of law has been examined and decided, it
should be deemed settled and closed to further argument.
LEGAL TECHNIQUE
ANALYSIS/APPLICATION (How applicable are
the facts to the said rule?)
Show link between the rule/s and the facts
presented to establish the claim
Whether the material facts truly fit the law
LEGAL TECHNIQUE
 CONCLUSION (What is the implication of
applying the rule to the given facts?)
It is the ultimate end of a legal argument;
It is what the facts, rule, and analysis of
the case amount to;
The statement that is being claimed to
be true.
LEGAL TECHNIQUE
ALAC
ANSWER
(be responsive to CALL of the problem while addressing the
issue/s)
LAW / RULE
APPLICATION / ANALYSIS
CONCLUSION
(cite the law, rule, jurisprudence, legal principle)
TIPS IN ANSWERING
SHARIAH BAR EXAM QUESTIONS
 Be time conscious. (Count pages. Skim thru questions: Note how many, and
grade weight. Budget your time. Check those you know, and not know).
 Read thru facts. Be clear with claims of both parties – Plaintiff and Defendant.
Determine the ISSUE and applicable LAW. Make an OUTLINE using key words.
 Write with your READER in mind. Not too short, not too long. Apt word choice
(legal tone);
 Be responsive. Respond to the CALL, while you address the issue.
 CALL (eg.) DECIDE/DEFINE/DISTINGUISH/COMPARE/ENUMERATE/EXPLAIN HOW?
WHAT?
 IF CALL SAYS “DECIDE”: PICK A SIDE, and ARGUE FOR IT.
 IF CALL SAYS “DISTINGUISH”: Write down useful words or phrases that are usually
used when differentiating (eg. “On the other hand,” “while”, “in contrast”)
TIPS IN ANSWERING
SHARIAH BAR EXAM QUESTIONS
 FORM/STRUCTURE: ANSWER, LAW, APPLICATION, CONCLUSION (ALAC), each
paragraph separated by a line. (LOGICAL FLOW).
 3 C’s – CLEAR, CONCISE, COMPLETE.
 Observe grammar and punctuation. Review rules on Subject-Verb
agreement; prepositions.
 (Recommend: Book or Downloadable Ebook)
“The Elements of Style” by Strunk & White
 Write in big strokes, centered. Observe margins (justify alignment);
 Write in the active voice. (Construct simple sentences expressing a clear
thought.)
 Proof read , spell check.
TIPS IN ANSWERING
SHARIAH BAR EXAM QUESTIONS
ACTIVE VOICE (SVO)
PASSIVE VOICE (OVS)
Active voice emphasizes the person or agent The passive voice emphasizes the recipient of
who performs an action; in short, the “actor.” the action, or sometimes the action itself.
Active voice means that a sentence has a Passive voice means that a subject is a
subject that acts upon its verb.
recipient of a verb’s action.
Eg. Sally read the novel in one day.
Eg. The novel was read by Sally in one day.
SUBJECT – VERB – OBJECT (SVO)
OBJECT – VERB – SUBJECT (OVS)
OBJECT – VERB (OV)
SUGGESTED ANSWERS TO
SHARIAH BAR EXAM QUESTIONS
A male Muslim was married to a non-Muslim girl. Under Islamic rites and after a few minutes,
the spouses were also married again under civil rites, before the effectivity of P.D. 1083. After
several years, husband dies leaving a wife and a son as heirs. Intestate proceeding was filed by
the son in Shari’ah District Court. He alleged, among others, that the law applicable shall be the
P.D. 1083, because the marriage was first solemnized under Islamic rites. To substantiate her
pleadings, trstimonial witnesses were offered. Oppositor wife counters that the New Civil Code
applies on the ground that it was the law enforced at the time of celebration of the contract. For
this purpose, she offered a copy of the marriage contract as evidence to support her contention.
If you were the judge, how would you decide the case?
If I were the judge, I will assume jurisdiction over the case since settlement of estate falls
within the jurisdiction of the Shari’ah District court.
According to the Article 186 of the Code of Muslim Personal Law (CMPL), marriage
executed prior to the effectivity of CMPL shall be governed by the rites enforced at the time of
execution. Also, the subsequent solemnization of marriage is merely ceremonial. Under Islamic
law, testimonial evidence is superior than documentary evidence.
Thus, the rule on Succession of the CMPL will be applied to the estate of the decedent since
male Muslim and non-Muslim girl’s marriage is governed under Islamic rites.
SUGGESTED ANSWERS TO
SHARIAH BAR EXAM QUESTIONS
How is an action (da'wa) commenced in the Shari'ah Courts under the
Special Rules on Procedure?
Under the Special Rules on Procedure, an action in the Shari'ah Court
is commenced by the filing of the complaint.
Section 1 of the Special Rules on Procedure provides that all action
(da'wa) and all proceedings in the Shari'ah Court shall be commenced
by the filing of a Complaint which shall be prepared in triplicate copies
by the plaintiff, his counsel, or by the clerk of court.
SUGGESTED ANSWERS TO
SHARIAH BAR EXAM QUESTIONS
Q1. How may an action (da’wa) be commenced in the Shari’ah Court under the Special Rules of
Procedure?
Under the Special Rules of Procedure, all actions in the Shari’ah Court shall be commenced by a
Complaint which shall be prepared at least in triplicate by the plaintiff or his counsel or by the clerk of court.
Q2. What is the effect of the defendant’s failure to file his answer within the reglementary period fixed by
the Special Rules?
The Defendant’s failure to file his answer within the reglementary period fixed by the Special Rules will
give rise to a judgment rendered by the court.
Under Section 5 of the Special Rules, the Defendant’s failure to answer the complaint within ten (10)
days from service, the Court shall proceed to receive the evidence ex parte upon which judgment shall be
rendered.
SUGGESTED ANSWERS TO
SHARIAH BAR EXAM QUESTIONS
(a) The cases falling under the exclusive original jurisdiction of the Shari’ah Circuit Courts?
Article 155 of the Muslim Code provides that, the Shari’ah Circuit Courts shall have exclusive original jurisdiction over:
(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 the 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); and (g) restitution of marital
rights; and
(3) All cases involving disputes relative to communal properties.
b) The cases falling under the concurrent jurisdiction of the Shari’ah District Courts?
Under paragraph 2 of Article 143 of the Muslim Code, the Shari’ah District Courts shall have original jurisdiction over:
(1) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(2) All other personal and real actions not mentioned in paragraph 1(d wherein the parties involved are Muslims except those forcible entry and
unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Trial Courts, Municipal Trial Courts, or
Metropolitan Trial Courts; and
(3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to
Muslims
c) The cases falling under the appellate jurisdiction of the Shari’ah District Courts and explain the procedure and manner of appeal.
Article 144 of the Muslim Code provides that, the Shari’ah District Courts shall have appellate jurisdiction over all cases tried in the Shari’ah
Circuit Courts within their territorial jurisdiction. The Court shall decide every case appealed to them on the basis of the evidence and records
transmitted as well as such memoranda briefs or oral arguments as the parties may submit.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
1st QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
Johari Omar met Cristina Pineda at work in Metro Manila. After a brief courtship, Cristina
converted to Islam and got married to Johari, but Cristina’s conversion and marriage
were not properly registered. Cristina gave birth to two children, Paki and Maira.
Seeking greener pastures, Johari worked abroad until he lost communication with his
family. Frustrated and angry, Cristina reverted back to Christianity and then took Paki
and Maira to her province in Quezon.
Johari returned to the Philippines and looked for his wife and children. Upon discovery
of their location, Johari was shocked to learn that Cristina married her former boyfriend.
Johari explained that he was not able to contact Cristina because of his cruel employer
who took away his passport and cellphone. He added that he stayed in a secluded
place far from the post office, so writing to Cristina was hard for him. Cristina would not
believe Johari and asked for a divorce. If you were the Judge, how will you decide?
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
SUGGESTED ANSWER TO 1st QUESTION:
I will dismiss Cristina’s action for divorce.
Article 13 of P.D. 1083 provides that the provisions of the Code applies to marriage
and divorce where both parties are Muslims, or when the male party is a Muslim and
the marriage is solemnized in accordance with Muslim law.
Here, Cristina is not a Muslim. Although she converted before the marriage took
place, her conversion and her marriage were not registered. It is as if no marriage took
place, and consequently, no marriage to dissolve.
For this reason, I will dismiss Cristina’s action for divorce.
2nd QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
Hamza Alawi married Farima Baraocor and had three
children. After some time, Hamza decided to marry anew.
Hamza followed the procedures laid down under Article 162 of
P.D. 1083 by filing a written notice to the Shari’ah Circuit Court
where he resides. Without waiting for the resolution of the Shari’ah
Circuit Court, Hamza married Anisa Dimnatang in a public
ceremony. If you were the Judge, how will you decide?
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
SUGGESTED ANSWER TO 2nd QUESTION:
I will penalize Hamza Alawi.
Under Article 183 of P.D. 1083, a person who fails to comply with the
requirements of Article 162 on Subsequent Marriages, shall be penalized by Arresto
Mayor or a fine of not less than two hundred pesos but not more than two
thousand pesos, or both, in the discretion of the court.
Here, Hamza Alawi failed to comply with requirements of Article 162 which
requires the constitution of an Agama Arbitration Council. The non-compliance
with this requirement is a specific offense punished by P.D. 1083 under Article 183.
Thus, Hamza Alawi should be penalized.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
3rd QUESTION:
Distinguish Verification from a Certificate of Non-Forum Shopping. Explain its importance.
SUGGESTED ANSWER TO 3rd QUESTION:
According to the Rules of Court, Verification if an affidavit stating that the affiant has read the pleading and that
the allegations therein are true and correct of his personal knowledge or based on authentic records.
On the other hand, a Certificate of Non-Forum Shopping is a certification under oath in the Complaint or other
initiatory pleading where the affiant states 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; and (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.
A verification is important because if a pleading lacks a proper verification when the law requires it to have one
based on information and belief, then such pleading will be treated as an “unsigned pleading” with no legal effect.
A Certificate of Non-Forum Shopping is important because failure to comply with this requirement shall not be
curable by mere amendment of the complaint or other initiatory pleading, but shall cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion and after hearing.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
4th QUESTION:
Khalid Mohammad and wife Sittie Marmay’s marriage of eight
years turned sour. They have three minor children who are all
girls, and who are all living with their mother in Maguindanao.
Khalid filed an action for Custody of the Minor Children before the
Fifth Shariah District Court in Cotabato under docket number
CV202107-085. Khalid alleges that under the Islamic law, minor
girls of separated parents should stay with their father. He adds
that the children are better off with him since he has a steady
income, and also because there were talks of Sittie engaging in
illegal business. If you were the Counselor of Sittie, prepare your
Answer observing the proper form.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
SUGGESTED ANSWER TO 4th QUESTION:
5th QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
Sometime in 2019, Respondent purchased a 200 sq.m. land in Marawi City from
one of the locals therein. Respondent secured a transfer certificate of title under his
name. Afterwards, he learned that Petitioner occupied the land with an original
title under Petitioner’s name. Respondent filed an action to recover possession of
the land before the Fifth Sharia District Court, but Petitioner failed to file a
responsive pleading (Answer).
Respondent presented his evidence ex parte and secured a favorable
decision. The SDC ordered Petitioner to leave the property, so Petitioner filed a
Petition for Relief alleging that he is a Christian and that the SDC has no jurisdiction
over him. The SDC dismissed the Petition saying that Petitioner waived his right to
defend himself when he did not file a responsive pleading. If you were the Judge,
how will you decide?
SUGGESTED ANSWERS TO
SHARI’AH
BAR
EXAM
QUESTIONS
SUGGESTED ANSWER TO 5th QUESTION:
I will decide in favor of Petitioner.
The doctrine behind Villagracia vs. 5th Shariah District Court applies in this case.
The Supreme Court held that Respondent 5th Sharia District Court has no
jurisdiction to decide on Respondent’s action because not all parties involved are
Muslims which is contrary to law and jurisprudence.
In the case at bar, Petitioner is a Christian which is reason to deprive the Sharia
District Court of jurisdiction.
Hence, the Sharia District Court’s ruling should be overturned and a favorable
decision be given to Petitioner.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
6th QUESTION:
Distinguish personal action from a real action. Give examples.
SUGGESTED ANSWER TO 6th QUESTION:
Personal action is one which is brought for the recovery of personal property, for
the enforcement of some contract or recovery of damages for the commission of an
injury to their person or property.
On the other hand, real action is one which is affecting title to real property or for
the recovery of its possession, or for partition or condemnation of, or foreclosure of
mortgage on real property.
7th QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
Distinguish between mudda’i and mudda’alai as understood in Islamic Rules on
Procedure and Evidence.
SUGGESTED ANSWER TO 7th QUESTION:
According to Section 7 of the Special Rules on Procedure in the Shari’a
Courts, the mudda’i and mudda’alai are the parties to an action before the
Shari’ah Courts which the Special Rules of Procedure translates to plaintiff and
defendant, respectively.
In Islamic procedural law, the terms “plaintiff” and “defendant” by whom
mudda’i and mudda’alai have been translated, are misleading because the
real mudda’i is not necessarily the party who first brings the action before the
court. (Alauya, pp. 39-40)
8th QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
What are the requirements for the admissibility of an admission? Briefly explain.
SUGGESTED ANSWER TO 8th QUESTION:
Under Islamic concepts, an admission is when a man testifies against himself in
support of a claim made against him. It is admissible if the following requirements are
present:
 The admitter must be sane;
 He must be of age;
 His admission must be voluntary;
 He can lawfully transact business;
 He must not be known or popularly identified in telling lies.
9th QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
Petitioners filed a Complaint for “Annulment of Sale in an Extrajudicial
Settlement of Estate” before the Fifth Sharia District Court of Cotabato City,
purportedly because the subject land was conveyed to Respondent for a
measly sum of PHP1,000, and eventually transferred to Co-Respondents.
Petitioner denied entering into an agreement with Respondent, claiming
the signatures were forged. Respondent denies this. When trial ensued,
Petitioner could not present a witness to testify for him. Respondent was
challenged to take an Oath, which he reluctantly did. On this basis, the
Shariah Court dismissed the Complaint.
Was the dismissal based on the Oath proper? Briefly explain your answer.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
SUGGESTED ANSWER TO 9th QUESTION:
The dismissal was proper based on the suppletory application of the Rules of Court,
but not based on the Oath.
In a similar case (Tampar vs. Usman), the Supreme Court held that the provision on
the Rules of Court stating that when the Plaintiffs (Petitioners) fail to adduce any
evidence to support the complaint, then the Complaint must be dismissed. The
Supreme Court said that the application of the Oath (Yamin) under the Special Rules
of Procedure in the Sharia Court in this particular case will effectively deprive a litigant
of his constitutional right to due process, hence, should not have a place in the Special
Rules.
Here, the Petitioner could not present a witness to testify for him. Applying the Rules
of Court in a suppletory manner, Petitioner’s case should be dismissed for their failure to
adduce evidence to support their complaint.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
10th QUESTION:
What is burden of proof? Distinguish evidence from proof.
SUGGESTED ANSWER TO 10th QUESTION:
The “burden of proof” or “onus probandi” means the obligation imposed upon a
party who alleges the existence of a fact or thing necessary in the prosecution or
defense of an action, to establish its proof. (5 Martin 435 citing Jones on Evidence, 2nd
ed. 855
Evidence differs from proof as cause differs from effect. Proof is that which
convinces; evidence is that which tends to convince; proof is the perfection of
evidence, for without evidence there is no proof, though there may be evidence
which does not amount to proof. Stated differently, proof is the result of evidence;
evidence is the means which leads to it. Proof is the effect of evidence – the
establishment of a fact by evidence.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
11th QUESTION:
Enumerate the five Shariah Judicial Districts, including its geographical composition.
SUGGESTED ANSWER TO 11th QUESTION:
According to Article 138 of P.D. 1083, the five Shari’a Judicial Districts including its geographical composition are
the following:
FIRST Shari’a District Court shall comprise the Province of Sulu;
SECOND Shari’a District Court, the Province of Tawi-Tawi;
THIRD Shari’a District Court, the Province of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities
of Dipolog, Pagadian, and Zamboanga;
FOURTH Shari’a District Court, the Provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and
Marawi; and
FIFTH Shari’a District Court, the Provinces of Maguindanao, North Cotabato, and Sultan Kudarat, and the City of
Cotabato.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
12th QUESTION:
WHAT IS THE JURISDICTION OF THE SHARI’AH CIRCUIT COURT.
SUGGESTED ANSWER TO 12th QUESTION:
Section 5. Jurisdiction of the Shari'ah Circuit Courts. - The Shari'ah Circuit Courts in the Bansamoro 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 punishable 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 relationg 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;
both;
(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
(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).
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
13th QUESTION:
What are the qualification requirements of a Shariah Circuit Court Judge?
SUGGESTED ANSWER TO 13th QUESTION:
According to the Bangsamoro Organic Law, the Qualifications of Shari'ah Judges are
the following:
(1) He must be a citizen of the Philippines;
(2) He must be a Muslim;
(3) He must be a regular member of the Philippine Bar;
(4) He must be at least thirty (30) years of age;
(5) He must have been engaged in the practice of law for five (5) years or more;
and
(6) He must have completed at least two (2) years of Shari'ah or Islamic Jurisprudence;
(7) He must be a person of competence, integrity, probity, and independence.
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTIONS
SUGGESTED ANSWER TO 14th QUESTION:
I will decide in favor of Respondent Amerah Rahim by dismissing Petitioner’s opposition, and giving
due course to Respondent’s Petition.
In a similar case (Musa vs. Moson), the Supreme Court held that since the subject intestate
proceeding concerns successional rights, coupled with the fact that the decedent was also a resident
of Lanao owning real properties located in that province, then venue was properly laid in the Sharia
District Court of Lanao Norte which is vested with territorial jurisdiction under PD1083 notwithstanding the
location in different provinces of the other real properties of the decedent. Also, the Rules of Court
applies suppletorily because under Rule 73, the Court first taking cognizance of the settlement of the
estate of a decedent, shall exercise jurisdiction to the exclusion of all other Courts.
In this case, Respondent correctly filed the case before the Lanao Norte Sharia District Court even if
Petitioner has properties outside of Lanao Norte. The Shariah District Court takes first cognizance of the
case to the exclusion of all other Courts.
Hence, I will allow Amerah’s Petition.
14th QUESTION:
SUGGESTED ANSWERS TO
SHARI’AH BAR EXAM QUESTION
At the time of his death, Jamil Casan resided in Lanao Del Norte where he
left behind several properties, including properties in Cebu City. Respondent
Amerah Rahim filed a Petition for the Settlement of the Intestate Estate of her
deceased husband Jamil before the Shariah District Court of Lanao Norte.
However, Jamil’s parents and siblings opposed the Petition saying Jamil and
Amerah were never married. Amerah presented her proof of marriage, and
the Court granted the Petition and appointed Amerah as the Administratrix of
Jamil’s properties.
Jamil’s family argues that the Petition should be dismissed because the
Lanao SDC has no jurisdiction in the case since Jamil was really a resident of
Cebu City and because Jamil left properties in Cebu City which is outside of
Lanao Norte. If you were the Judge, how will you decide?
CONCLUSION: Day 2
Discussed Topic VIII – Suppletory Application
Legal Technique – Legal Reasoning
TIPS on How to Answer Bar Exam Questions
Critique the Answers to Previous Bar Exam Questions
Discussed Frequently Asked Questions (FAQ) from
1983 to 2018.
Practiced analyzing / answering questions (2020
SSBE).
GOOD LUCK!
PRAYER
Subhanaka Allahumma wa bihamdika,
ashhadu an la ilaha illa Anta,
astaghfiruka wa atubu ilaika.
(O Allah, You are free from every
imperfection; praise be to You. I testify that
there is no true god except You; I ask Your
Pardon and turn to You in repentance).
SOURCES/REFERENCE:
-Special Rules of Procedure (2016), by: Mangontawar Gubat;
-Commentaries on CMPL by Bensaudi Arabani (2011)
-Abdul Rahim’s Treatise on Mohammadan Jurisprudence;
-The Green Book by Shari’ah Counselor Nassroden Ali;
-Ijra-at Al Mahakin Al Shariah (Special Rules on Procedure)
-Code of Muslim Personal Laws (PD 1083)
-Family Code EO 209 / Civil Code of the Philippines (RA 386)
-Rules of Court
-Judiciary Reorganization Act (BP 129)
-Organic Act creating BARMM (RA 11054)/ creating ARMM (RA 9054)