TITLE III
JUDICIARY BRANCH
Chapter 1
Judicial Power
SECTION 1. Judicial Power. - Judicial power is vested in the Supreme Court and in
such lower courts as may be established by law including the Shari’ah and Tribal Courts.
SEC. 2. Shari’ah Courts Under Laws of the National Government. - The Shari‟ah
district courts and the Shari‟ah circuit courts created under existing laws shall continue to
function as provided therein.
SEC. 3. Shari’ah Legal System. - The Regional Assembly, may enact measures, modify
the Shari‟ah legal system, which shall be applicable in the region, only to Muslims or those who
profess the Islamic faith.
SEC. 4. Shari’ah Courts. - The Regional Assembly of the autonomous region shall
provide for the establishment of Shari‟ah courts.
SEC. 5. Shari’ah Courts Jurisdiction. - The Shari‟ah courts shall have jurisdiction over
cases involving personal, family and property relations, and commercial transactions, in addition
to their jurisdiction over criminal cases involving Muslims. The Regional Assembly shall, in
consultation with the Supreme Court, determine the number and specify the jurisdiction of these
courts.
SEC. 6. Shari’ah Appellate Court. - The Shari‟ah Appellate Court shall have the
following powers:
(1) Exercise original jurisdiction over petition for certiorari, prohibition, mandamus,
habeas corpus, and other auxiliary writs and processes only in aid of its appellate
jurisdiction; and
(2) Exercise exclusive appellate jurisdiction over all cases in the Shari‟ah district courts
as established by law.
SEC. 7. Shari’ah Appellate Court Composition. - The Shari‟ah Appellate Court shall
be composed of one (1) presiding justice and two (2) associate justices. Any vacancy shall be
filled within ninety (90) days from the occurrence thereof.
SEC. 8. Shari’ah Appellate Court Justices Qualifications and Appointments. - The
Justices of the Shari‟ah Appellate Court shall posses the same qualifications as those of the
Justices of the Court of Appeals and, in addition, shall be learned in Islamic law and
jurisprudence. The members of the Shari‟ah Appellate Court shall be appointed by the President
of the Philippines from a list of at least three (3) nominees prepared by the Judicial and Bar
Council. The nominees shall be chosen from a list of recommendees submitted by the Regional
Assembly. Such appointments need no confirmation.
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