Overview of PD-1083

Overview

This lecture introduces PD-1083, the Code of Muslim Personal Laws of the Philippines, its historical background, key provisions, coverage, and related Supreme Court cases, focusing on persons and family relations.

Introduction to PD-1083

• PD-1083 was signed on February 4, 1977, establishing the Code of Muslim Personal Laws in the Philippines.
• It recognizes the Sharia legal system as part of Philippine law, allowing legal pluralism for Muslims in matters of personal and family relations.
• The law seeks to codify Muslim personal laws, address discrepancies with the civil code, and ensure administrative enforcement.
• Jurisdiction applies only to Muslims, except when non-Muslims consent to be governed by the code.

Key Provisions and Structure

• Article 1 names the code as the Code of Muslim Personal Laws.
• Article 2 outlines its purpose: upholding Muslim customs, traditions, and legal systems as state policy.
• Article 3 sets the rule that PD-1083 prevails in case of conflict with other general laws, applies only to Muslims, and does not prejudice non-Muslims.
• Article 4 requires courts to consider Sunni schools of thought and Muslim law treatises when interpreting the code.
• Article 5 states that customary practices (ada) not in the code must be proven in court.
• Article 7 provides definitions for terms like Agama Arbitration Council, ada, general register, ihram, madhab, month, Muslim, and Muslim law.

Historical Background

• Before PD-1083, Muslim marriages in non-Christian provinces followed Articles 78 and 79 of the Civil Code.
• RA 394 and PD 793 earlier allowed divorce for Muslims in certain provinces, but these lapsed or were limited in scope.
• PD-1083 clarified and replaced these prior laws.

Coverage and Organization

• Title I: Civil personality (Articles 8-12).
• Title II: Marriage and Divorce, including applicability, requisites, prohibited marriages, subsequent marriages, void and voidable marriages.
• Rights and obligations of spouses, property relations (absolute separation), and rules on divorce (seven types recognized).
• Titles III-V: Paternity/filiation, support, parental authority, custody, and guardianship.
• Titles VI-V: Registry, Agama Arbitration Council, communal property, conversion, bigamy, offenses, and transitory provisions.

Application, Scenarios, and Related Provisions

• PD-1083 applies if the marriage is solemnized under Islamic law; civil code applies otherwise.
• Consent for non-Muslim spouses is required for PD-1083 to apply.
• First ceremony determines the governing law in case of multiple weddings.
• Article 27 allows Muslim men up to four wives, but requires written notice, consent, and Agama Arbitration Council if there is protest.
• Article 183 provides penalties for failure to notify the wife about subsequent marriages.

Supreme Court Case Summaries

• Al-Wadi v. Asti: Application of PD-1083 to non-Muslim spouses.
• Sulu Islamic Assoc. v. Judge Malik: Muslim male may contract subsequent marriage if first was under PD-1083 and requirements are met.
• Bundaji v. Bundaji: Custody of the child awarded considering law applicable at the time of marriage.
• Samouranos v. People: Subsequent marriage not bigamous if prior Muslim marriage was validly dissolved.
• Malaki v. People: Conversion to Islam does not exempt from bigamy if first marriage was under civil code.
• Several other cases discuss custody, divorce types, and procedural requirements.

Key Terms & Definitions

• PD-1083 — Code of Muslim Personal Laws of the Philippines.
• Sharia — Islamic law governing the personal and family relations of Muslims.
• Agama Arbitration Council — A body constituted to resolve marital disputes such as divorce and subsequent marriages.
• Ada — Customary law or practices passed through generations.
• Madhab — School of thought in Muslim law; the Philippines mainly follows Shafi’i.
• Ihram — State of ritual consecration during pilgrimage, affecting marriage validity.
• Iddah — Waiting period after divorce or widowhood before remarriage.
• Fasid/Batil Marriage — Fasid: voidable marriage; Batil: void ab initio (from the beginning).
• Bigamy — Contracting a second marriage while the first is still valid, unless permitted under applicable law.

Action Items / Next Steps

• Study all assigned Supreme Court case summaries.
• Familiarize with sequencing and coverage of PD-1083 articles.
• Prepare for a workshop analyzing Supreme Court decisions.
• Review definitions and applicability scenarios under Articles 7, 13, 27, 78, 186, and related provisions.