REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

EN BANC
RESOLUTIONS

RROVIDING FOR THE SPECIAL RULES OF PROCEDURE IN THE SHARI’AH COURTS

(IJRA-AT AL MAHAKIM AL SHARI’AH)
Pursuant to the Constitution of the Philippines and Articles 148 and 158 of the
Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws of the
Philippines and to achieve an expeditious and inexpensive determination of the cases
referred to herein, the Court Resolved to promulgate the following Rules on Procedure of
the Sharia’ah Courts.
PAR T I - GENERAL PROCEDURES
Sec. 1. Commencement of Action (Da’wa). - 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. 2. Complaint. - The complaint shall contain the following:
1. The title of the case, case number assigned to it, and date of filing;
2. The name and address of the plaintiff (muddai) and/ or his/her counsel, and name
and address of the defendant (mudda’a alayh); and
3. The concise statement of the cause of action and the relief prayed for.
Sec. 3. Service of Summons. - Summons together with the copy of the complaint shall be
served upon the defendant.
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. 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. 6. Pre- Trial. - (1) Not later than thirty (30) days after the answer is filed, the case shall
be calendared for pre- trial. Should the parties fail to arrive at an amicable settlement
(sulkh), the court shall clarify and define the issues of the case which shall be set forth in a
pre-trial order.
 (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 shallbe 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.
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 form al 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.
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.
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.
Sec. 12. 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).
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.
PAR T 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, m ay 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.
PAR T III - SUPPLEMENTAL PROCEEDINGS
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.
PAR T IV-ARBITRATION PROCEEDINGS
Sec. 19. Agama 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.
Sec. 20. Effectivity.- These special rules of procedures take effect immediately.
Approved unanimously on September 20, 1983.