this uh lecture pertains to the relationship between uh the organic law and uh the provisions of p83 uh and and a specific discussion about azir however in order to brooding our understanding of uh uh pity in relation to the or organic law will pass through also the provisions of Republic act 6734 that is the uh first law creating the arm and Republic act 1954 uh which is the enhancement of the provision of the uh uh autonomous region in Muslim India now which was later over uh uh amended by Republic act 11054 the creation of the bankam more organic law uh we will be specifying on tajir later but uh basically we'll be talking about the administration of justice as found under pd3 ra 6734 r954 and R 11054 first uh uh we have to look at interplay of world legal systems in our country in in in the Philippines there are three word legal systems uh which are considered word legal systems because uh they are not only uh practiced in the places of origin but also uh uh adopted by uh uh countries of the world where these systems were brought to and we have first the civil law system which originated from Roman law and developed in Mainland Europe uh sometimes they in comparatively they call this as Romano Germanic family of laws uh and one of the basic characteristics of civil law is uh uh codification of laws meaning you find uh in uh the Civil s system the codification of laws in fact when you look at the origin of the Roman law it begin with the 12 tablets discussion of uh provisions of law SE in uh in in in uh uh cified in a tablet uh it is called a world legal system because its spere of influence is in in other countries of the world invaded or conquered by European countries for example the Philippines was conquered by Spain Indonesia by the Dutch Algeria Tunisia and Morocco by France Libya by Italy malaka by Portugal and other countries so all these countries invaded by uh by Mainland Europe are uh I and which are practicing civil law uh became uh influenced by this world leer system the second world legal system is the common law system which originated from English law it developed in Great Britain and in comparative laws this is also known as Anglo American uh law or Anglo American system of law and it is characterized by being Unwritten and its Reliance upon the concepts of equity and Justice this is the uh uh common law system uh it is also a world legal system because it Spirit of influence is seen in countries of the world that were invaded or conquered by the by England uh by the United Kingdom or by the United States uh like the Philippines we are our civil system is based on Spanish law which is part of uh civil law but our political system is uh uh brought To Us by um the United States and so we are uh also we also inherit the common system of laws in India uh and div by the India of India Pakistan and Bangladesh conquered by Great Britain or by England it also has this common system in Malaysia Singapore brunai Canada Australia Egypt the Sudan and other countries then the third world legal system is Islamic law or the Sharia legal system it originated from divine revelation as belied by Muslim originally developed during the lifetime of the holy prophet sallallahu alhi wasallam in the city state of Medina in the Arabian Peninsula the the first Revelations were in MCCA but later when the when the prophet migrated to Medina there uh was the development of the Sharia as a legal system and as a political system because of uh the C the city state of Medina established by the holy prophet Salli wasallam uh it is also a world legal system because the areia uh it influence the influence of the Sharia is filled in all countries that became part of the Islamic empire beginning from the era of thef Rashid the sucessor of the prophet and the times of the succeeding Muslim dynasties notably the omaya dynasty the abashi Dynasty and extending to the period of the Ottoman caliphate or the otoman Empire now uh just a brief uh review of uh what law is law is a system of rules and regulations that are enforced through social institutions to govern Behavior laws can be enacted by a collective legislature just like our Senate and Congress or by a single legislator like during the time of uh uh the Declaration of maralo where the president arrogated unto himself the U the power of legislation it can be done by a single legislator resulting in statutes by the executive through decrease of Regulation that's why the the laws enacted by President Marcos during the uh martial law period were known as uh uh presidential decrees or by judges through binding precedence normally in common law jurisdiction so this is part of uh of the law in the Philippines uh a republic Act is a peace of legislation and used to create a policy in order to carry out the principles of the Constitution it is crafted and passed by the Congress of the Philippines and approved by the president of the Philippines it can be repealed by a similar act of Congress uh laws that were enforced in the Philippines we have realy decrease during the Spanish uh uh period issued by the Spanish Crown by the by the king of Spain they called The Royal decrees then when we were under the American um uh government during the uh time of the of the American occupation and the time the the the Acts were called as um AXS uh by the American Congress uh then later when the Philippine was when the commun period was when when the Philippine was under a common system The Acts were called commun acts by the Philippine legislature then later when the Philippines became independent and established uh uh as an independent uh when was established as an independent nation we have a Congress passing laws and there called Republic acts during the interum of the martial law period when uh the president of the Philippines de martial law and arrogated unto himself the uh right to in a close the law were known as presal decrees then later a uh uh unified uh legislature was created known as and the law passed by the by the assembly is known as batas banza so what are the sources of laws in the Philippines we have the Constitution legislation interpretation of legislations by the courts common law and equity and precedence uh sources of law under the Sharia we have the Glorious Quran uh which can be divided into the uh revelations in makah and the revelations in Madina the Mak or the M verses we have the sun of the holy prophet Sall wasallam either t or sunah with legal effect or sunah with which are personal to the prophet then we have uh and the sources of uh this uh of of of f uh the understanding of the law uh refers the Glorious Quran the Sunnah then we have composing ofma andma refers to the consensus of opinion of the of the jurist andas refers to analogy uh ruling in a new case is uh derived from the ruling and older case because the commonality of the effective cause then we have also uh uh subsidiary legal principles uh we have Ean jistic Equity we have masalah or um uh Public Welfare we have is presum presumption of continuity sad uh blocking the means Alina practice of the people of Madina and or or customary practices now uh let us look at p83 in relation to uh to to uh um uh the qualification of uh uh judges because it is very important that the commonality in this LA from P3 to uh the B uh refers basically uh one one of the one of the commonality is about uh about the administration of justice and one of which refers to qualification of judges in the president in in P3 this President decree number 1083 other as the code of Muslim personal laws the qualification of judges are are mentioned in article 140 no person shall be appointed Sharia District Judge this refers to uh uh the district courts uh which is equivalent to our regional Tri courts unless in addition to the qualifications for judges of the court of first instance that's the court that's the regional trial court fixed in the Judiciary he is learned in Islamic LA and Juris Prudence so it is a m that you have must have the qualification of the judges of the uh of the uh Regional TR but at the same time you must be uh knowledgeable you must be learn it Islamic Juris Prudence but how learned it is uh that that's being interpreted as having passed the Shar exam but uh it is later found out that that is not enough to be a person Le Islamic law Juris Prudence in article 152 this refers to the Circuit Courts uh the qualification is that no person shall be appointed judge of the Circuit Court unless he is a natural born citizen of the Philippines uh at least 25 years of age and has passed an examination in the Sharia and Islamic jurisprudence of to be given by the Supreme Court for admission to special membership in the Philippine B to practice in the Sharia courts so this is uh a very specific provision stating that to be judge of the s Court you must have passed the Sharia uh examination the the the sh exam uh given by the Supreme Court of the Philippines but aside from it you must be natural citizen of the Philippines so you will note care that in this provision there is n mention of qualification of judges in the uh uh Municipal circuit Tri Court uh what only what it only specifies is that you must be you must have passed the examination in Shar and Islamic jence or F given by the Supreme Court of the Philippines for admission in as of membership in the Philippine bar and this refers to the Sharia bar examinations now uh the first law on in creating the autonomous region Muslim India now is the is Republic 6734 this is is the uh first Lo creating the arm and which was passed in a pisit and only four provinces were uh were included in this uh in in in in in this area this to lur Maga now uh uh uh Sulu and tawia basilan did not uh do as well as marawi City so uh in in AR 6734 the Supreme Court shall upon recommendation of the preing Justice of the sh affiliate court so I there is a provision about a sh affiliate Court uh equivalent to our intermediate um affiliate Court uh it is the uh it is this appellate court that recommends to the Supreme Court to appoint the court administrator and care of court of SE affiliate Court such other personnel as may be necessary for the shate court shall be appointed by the preing Justice of the C court so we have now a new uh level of Court under RA 6734 in SE 9 paragraph two the pertinent provisions of existing laws regarding the qualifications appointment compensation functions duties and other matters relative to the Personnel of the court of appeals shall apply to those of the sh court so the same with the uh with the uh uh court of appeals or the intermediate aate Court uh the the the qualifications of judges of the uh court of appeal system with the sh app court now again in in 6 in in Republic 6734 section 13 the Sharia district courts and the Sharia circuit courts created under the existing laws shall continue to function as provided therein meaning it repeated the provisions of p83 the judges of the s Court shall have the same qualifications as the judges of the regional Tri courts the Metropolitan Tri courts or the municipal as the case may be so there this is the new intrusion that we find in this uh in this uh uh uh new law where in the in 1583 uh the qualification of judges of the Sha circuit courts is not the same as the qualification of judges of the municipal uh circuit court but in this in Republic acc4 it already uh revised that provision by stating that the judges of the Sharia uh s uh uh Circuit Court will be the same with the uh qualification of judges of The Metropolitan or the municipal uh uh trial courts but in addition they must be learned in Islamic law and Jewish fence now uh another another law as first this is the enhanced arm uh Republic 1954 and init for this law basilan join the arm and Mar also doing the arm and so in this uh uh law it provides in section 11 that the Sharia App Court Justice qualifications and appointments uh uh uh it states that the justices of the shate Court shall possess the same qualification as those of the justices of the court of appeals so the same in addition shall be learned in Islamic law and Juris Prudence the members of the Shar Appellate Court shall be appointed by the president from a list of at least three nominees prepared by the judicial and Council the nominees shall be chosen from a list of recommendation submitted by the regional assembly such appointments need no confirmation so we find in this provision the creation of the sh App Court uh and and uh uh consisting of uh uh three three uh members three uh justices and uh but the problem is until now there has been no appointed uh juses of the Sharia app court but with the same qualification as the judges of the uh uh court of appeals uh in section 18 Thea this records andara circuit courts created under existing laws shall continue to function as provided therein the judges of the Sharia Court shall have the same qualification as the coures of the regional Tri courts the Metropolitan Tri courts or the municipal Tri courts as the case may be in addition they must be learned in Islamic law jence so uh this is not a new provision in the bang organic law about qualification of judges because uh uh these are already provided for and Republic act 1954 the qualification of judges of the Sharia uh uh district court and the sh Court are the same with the with those the with the Covent courts under our civil system of our civil law system now under the bangam organic law Republic 11054 it repeated the uh qualification of judges and stated paragraph a of Section 8 Sharia Circuit Court no person shall be appointed judge of the Sharia Circuit Court unless a Muslim a citizen of the Philippines a regular member of the Philippine bar at least 30 years of age and must have been engaged in the practice of law for 5 years or more and has completed at least two years of sharia Sharia or Islamic Juris Prudence The Sharia Court Judge must be a person of competence in Integrity probity and Independence so here we we we are very we find a very specific uh uh qualification for judges of the sh Circuit Court aside from being a regular member of the Philippine bar being a Muslim and a Philippino citizen they must uh uh have engaged uh the all the requirement of age of 30 years over how must have engaged in the practice of law for 5 years and has completed at least two years of sharia or Islamic J prence meaning they have a formal education in Sharia and Islamic jence whereas in the previous laws what is only C is that they must be learned in Islamic La Juris Prudence there is no specific qualification of passing a certain number of years of study of Islamic La J but in this provision uh the new uh uh uh qualification that first he must be Muslim in the previous laws there is no mention whether the Appo is to be a Muslim or not and secondly that uh they must uh uh they must uh uh uh have completed at least two years of study of uh uh Sharia or Islamic law and the the Saria circuit court judge must be a person of competence Integrity Prov and Independence that is not Al that is not found in the previous laws on the qualification of the Sharia Sharia District Court the the law says that no person shall be appointed a judge of the Sharia District Court unless a Muslim a citizen of the Philippines a regular member of the Philippine bar at least 35 years of age must have been engaged in the practice of law for 10 years or more and has completed at least two years of sharia or Islamic again he must be a person of competence Integrity probity and Independence now one one difference between these provisions and uh the other Provisions is that in other Provisions the qualification of the Sharia Circuit Court uh judges or the Sharia Sharia district court judges are the same with the qualifications of those in the uh uh in the uh uh Regional Tri courts or the uh uh municipal or Metropolitan trial courts and one of the requirements there is that he must must be a natural born citizen but in this one it uh uh specify that he must be C in the Philipp meaning he may be a naturalized he he may be a natural naturalized uh uh citizen of the Philippines that he's a natural B citizen but he must be a Muslim which is not found in the previous Provisions now uh again under the some organic law no person shall be appointed judge Justice of the Sharia High Court unless he is a Muslim is a natural born citizen of the Philippines meaning uh it's higher in in in qualification with the ler sh court because in the ler course he must be a citizen he he may not be natural born citizen a regular member of the Philippine bar at least 40 years of age must have been engaged in the practice of law for 15 years and at least have completed two years of study of Islamic law and Jewish again he must be person of competence Integrity probity and Independence so you see here the differences of the qualifications in the different laws and again in the bang organic law uh the Supreme Court May Grant in coment Sharia district and circuit court judges who are not regular members of the Philippine bar period within which to qualify pending which they shall be allowed to continue discharging their duties because there are there are some judges of the Sharia circuit courts who are not regular members of the Philippine bar they only member of uh the Sharia bar but there according to this provision they may continue uh uh functioning as judges but uh the the Supreme Court uh need to grant them the uh uh uh a period of time to qualify pending which they shall be allowed to continue charging the duties mean they can continue unless so provided for by the Supreme Court now uh let us look at uh the provisions of Islamic La pertaining to how actions are commenced all actions are just like our civil system all actions are and proceedings in the sh courts are to be convinced by a written complaint prepared in three copies of the plenti or by the plenti or the mudai or his Council or by the cler word so there are three ways by which uh a a complaint maybe uh uh uh uh prepared it can be prepared in three CES by the pl himself or by a c uh or by the C Court an action to an ordinary suit in a court of justice by which one party prosecutes another for the enforcement of or prosecution of a right or the prevention or redress of a wrong a special proceeding on the other hand is one concerning every other remedy including want to establish the status or right of a party or a particular on a particular part the contain of the complaint the complaint shall contain the title of the case the number assigned to it and the date of filing the name and address of the plff the or his Council and the name and address of the dependent or the Ally a con statement of the cause of action and the relief for then uh the the the plaintiff or the mudai in Islamic law is the party who maintains that the ordinary appearance of things is not the truth he asss that what is Manifest what is D is not true and and therefore he insist on what is not apparent he is the litigant who cannot be forced to litigate if he refuses and whose right is founded on huah or proof the defendant on the other hand or the mud Ali is the party who maintains that the appearance of a thing is the truth he is the litigant against whom an action is f and therefore can be forced to litigate even if he refuses as a person in position he's entitled to he's nled on his own assertions without proof when a person advances the claim that a thing belongs to him or that his right is transl that serve as the cause of action upon which will be found in his complaint to be considered by the court it is necessary that the plenti must be endured with proper understanding of the action he's taking an insane person or a child who is not endured with understanding cannot be by himself F an action as a defendant will not be found to answer such complaint nor can proof be heard on it uh there is the presence of a dependent since proof can only be heeld if there is a dependence to properly identify the complaint the subject of the complaint of action is known the claim is presented before the proper Court having jurisdiction of the case the claim is presented before the court by the plen or the mud himself or by his councel or W there must be no contradiction in the claim and that the subject of the claim is susceptible to prove now what happens during trial what what how this is done this is how we simplify filing a case in the Sharia court but the defendant admits the claim of the pl meaning you file a complaint the defendant accept the complaint that's the first situation in this case the judgment will be rendered by the court in favor of the plenti without need of presenting evidence second the plen has neither evidence nor witness to prove it the has no evidence to prove his case and he has no witnesses to as certain his claims in this instance the Independant will be required under Islamic law to take an oath or Yin and thereafter judgment will be rendered by the court in his favor so it is the uh it is the uh uh defendant who will take us because in this is there is a principle in Islamic uh uh uh Judicial System where uh the the the the plti will will provide a witness and if he cannot then the mud alai the defendant will take an o that the dependant the dependance claim is not true uh so that that's how it is done then the third instance is the plen has no evidence he he has no evidence and he has no witnesses to prove his claim but the defendant refuses to take an O meaning he will not take the O so what will happen in this case the plenti will be required to affirm his claim under o oramin and thereafter judgment will be rended in his favor meaning the the the Yamin or the O shall be shifted to the plenti if he has no evidence and the uh defendant does not take the o then uh another situation is that the plen has no evidence to prove his claim he has no witnesses to testify in his favor the defendant refuses to take an oath and then the plen refuses to affirm his claim under oath in this case the complain the complaint shall be dismissed by the court then uh an instance another instance is the defendent denies the claim of the plff who desires to offer evidence meaning both have evidence in this instance there will be a formal trial in which the plaintiff will offer his evidence present his witnesses as the burden of proof rest with him after presenting his evidence and formally offering such before the court the plen will rest this case and now it will be the defendant who will also present his case thereafter defendant will offer his counter evidence and present his wies if there are and then formally offer the same before the court and rest his case the statements and Affiliates submitted by the parties at the trial Shall Serve as the direct testimonies of the witnesses and constitute as basis for any cross examination the party against whom judgment would be given on the pleadings and admissions made if no evidence is submitted shall have the burden to prove his case what are the reord witness under Islamic law in cases involving property transactions coring concerning property like B or sa the required testimony is that of two men or a woman two men or a man and two women or a male witness together with the oost of the plen this is provided for in the uh in in the Quran uh chapter 2 verse 1882 this ought to be administered to the plenti takes place only after his witness is heard and after it is ass certain that such witness is of approachable IR reproachable character the oath must contain an affirmation of the truth of the disposition of the witness in in cases of marriage divorce conciliation after divorce conversion IR reproach ability notorious Mis conduct death insolvency appointment of an agent and testament testamentary dispositions this T the testimony of two male Witnesses is necessary in cases involving fornications adultery the testimony of for male witness is required based on a quranic verse in Surah when uh uh uh when when when a chased woman is being uh accused of adultery it is required that you must have at least four Witnesses uh to support the allegation failing to provide Witnesses a a a person accusing shall be subject to 40 stripes or 40 flagging now in other criminal offenes whether the penalties is remiss uh remiss like murder or not or not like thief the necessary testimony is that of two male Witnesses in cases in which the facts to be proed are those which are generally observed as seen by men such as virginity naturally cases in which the facts to be proven are those which are not generally observed or seen wom such as virginity mation suling or defects and a woman's body the testimony required to prove such fact or facts is that of two men or four women according to the Sha School however the Han School allows the testimony of one woman in a force ad menion cases this testimony of one woman is admissible in the case of poster of the witness is the one who suckle the child otherwise Imam Abu hanifah maintains that the testimony in poster AG should be at should be of two men or one man and two women the admissibility of the testimony of two women is required in establishing the truth about the case of fosterage this allow testimony those wanting an integrity and moral uprightness meaning people who are not morally upright they are not allowed to testify testimony of an ascendant like if father mother grandfather or grandmother on behalf of a descendant or or a son daughter grandson or granddaughter or or vice versa is not admissible so you cannot testify you in favor of your father mother grandfather Grand grandmother and the other way around the testimony of one who subsist on the support of another or a person who stands to benefit by his testimony or to avoid lose her from is not also acceptable under Islamic law a person's testimony in favor of a friend is not admissible if their degree of friendship is such that each can dispose of the other's property so if they're so close that they can dispose other property they're not allowed to testify in favor uh of of the other uh a person's testimony against another who is his enemy is not also acceptable a person's testimony about his own fact is deemed inadmissible now one of the subjects uh under uh uh under under the B organic law article 10 section5 jurisdiction of the Sharia court all cases involving T offenes Define and punishable under Sharia law enacted by the parliament pable arresto minor or the corresponding fine or boss so uh uh there is now a provision pertaining to Islamic criminal law but limited on tazir uh allowed under 11054 now tazir uh are are are criminal acts not covered by hudud and kisas that seriously harmed the public interest can be punishable by it and this is part of the air you have to take note that that uh there are three there are three uh aspects of uh Islamic criminal law you have H kasas and T however in the case of kasas and H uh death penalty will will uh will be inflicted if the crime is uh for example in the case of kissas if if you kill somebody life for life is required Islamic law or in the case of Hud like uh uh highway robbery uh into into uh uh taking life or like uh uh uh adultery uh and other serious crimes uh death is allowed however uh in the case of tasil uh the penalty may also be uh may may also be imposed uh in cases of is and blasphemy these are these are cases which are uh very dangerous to society like uh like sputs blasphemy or on habitual criminals who p a serious danger to society the Han jurist consider death penalty on the basis of tazir uh as a necessary measure to ensure politic order this penalty can be inflicted but only with great restraint now uh uh we we have uh also Provisions under the different laws in relation to uh uh either 1083 and other laws pertaining to uh jurisdictions of real actions uh we have provided for in the in in these slides and uh you you can you can review them for you to understand the jurisdiction in this uh in in in in these actions so uh this this is uh uh a short explanation about uh relationship of P3 Republic act 3754 1154 uh 1954 and 1154 on on on some aspects of the adism just especially in the case of T thank you so much