Code of Muslim Personal Laws

Article 138

Five special judicial districts, each to have one Shari'a District Court presided over by one judge, are constituted as follows: (a) The First Shari'a District shall comprise the Province of Sulu; (b) The Second Shari'a District, the Province of Tawi-Tawi; (c) The Third Shari'a District, the Province of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga; (d) The Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi; and (e) The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City of Cotabato.

Article 139

The judicial function in the Shari'a District Courts shall be vested in Shari'a District judges to be appointed by the President of the Philippines.

Article 140

No person shall be appointed Shari'a District judge unless, in addition to the qualifications for judges of Courts of First Instance fixed in the Judiciary Law, he is learned in Islamic law and jurisprudence.

Article 141

Shari'a District 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 Courts of First Instance.

Article 142

Shari'a District judges shall receive the same compensation and enjoy the same privileges as the judges of Courts of First Instance.

Article 143

(1) The Shari'a District Court shall have exclusive original jurisdiction over: (a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code; (b) All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property; (c) Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of this Code; (d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and (e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction. (2) Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over: (a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum; (b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and (c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.

Article 144

(1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. (2) The Shari'a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit.

Article 145

The decisions of the Shari'a District Courts whether on appeal from the Shari'a 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

Shari'a District Courts shall have the same officers and other personnel as those provided by law for Courts of First Instance. 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 shall apply to those of the Shari'a District Courts.

Article 147

(1) The Shari'a 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'a 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.

Article 148

The Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate.

Article 149

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'a District Courts.