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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1083
PRESIDENTIAL DECREE NO. 1083 - A
DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF
FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR
ITS ADMINISTRATION AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
pursuant to the spirit of the provision of the Constitution of the
Philippines that, in order to promote the advancement and effective
participation of the National Cultural Communities in the building of
the New Society, the State shall consider their customs, traditions,
beliefs and interests in the formulation and implementation of its
policies;chanroblesvirtualawlibrary
WHEREAS, Islamic law and its principles of equity and justice, to which
the Filipino Muslim communities adhere, provide an essential basis for
the fuller development of said communities in relation to the search
for harmonious relations of all segments of the Filipino nation to
enhance national unity;chanroblesvirtualawlibrary
WHEREAS, the enforcement, with the full sanction of the State, of the
legal system of the Filipino Muslims shall redound to the attainment of
a more ordered life amongst them;chanroblesvirtualawlibrary
WHEREAS, it is the intense desire of the New Society to strengthen all
the ethno-linguistic communities in the Philippines within the context
of their respective ways of life in order to bring about a cumulative
result satisfying the requirements of national solidarity and social
justice;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution of the Philippines, do hereby ordain and promulgate the
"Code of Muslim Personal Laws of the Philippines" as part of the law of
the land hereby decree:cralaw:red
BOOK ONE
General Provisions
TITLE I
Title and Purposes of Code
ARTICLE 1. Title. — This decree shall be known as the
"Code of Muslim Personal Laws of the Philippines."
ARTICLE 2. Purpose of Code. — Pursuant to Section 11
of Article XV of the Constitution of the Philippines, which provides
that "The State shall consider the customs, traditions, beliefs and
interests of national cultural communities in the formulation and
implementation of state policies," this Code:cralaw:red
(a) Recognizes the legal system of the Muslims in the
Philippines as part of the law of the land and seeks to make Islamic
institutions more effective;chanroblesvirtualawlibrary
(b) Codifies Muslim personal laws; and
(c) Provides for an effective administration and
enforcement of Muslim personal laws among Muslims.
TITLE II
Construction of Code and Definition of Terms
ARTICLE 3. Conflict of provisions. — (1) In case of
conflict between any provision of this Code and laws of general
application, the former shall prevail.
(2) Should the conflict be between any provision of
this Code and special laws or laws of local application, the latter
shall be liberally construed in order to carry out the former.
(3) The provisions of this Code shall be applicable
only to Muslims and nothing herein shall be construed to operate to the
prejudice of a non-Muslim.
ARTICLE 4. Construction and interpretation. — (1) In
the construction and interpretation of this Code and other Muslim laws,
the court shall take into consideration the primary sources of Muslim
law. chanroblesvirtualawlibrary
(2) Standard treatises and works on Muslim law and
jurisprudence shall be given persuasive weight in the interpretation of
Muslim law.
ARTICLE 5. Proof of Muslim law and 'ada. — Muslim law
and 'ada not embodied in this Code shall be proven in evidence as a
fact. No 'ada which is contrary to the Constitution of the Philippines,
this Code, Muslim law, public order, public policy or public interest
shall be given any legal effect.
ARTICLE 6. Conflict in Islamic schools of law. — (1)
Should there be any conflict among the orthodox (Sunni) Muslim schools
of law (Madhahib), that which is in consonance with the Constitution of
the Philippines, this Code, public order, public policy and public
interest shall be given effect.
(2) The Muslim schools of law shall, for purposes of
this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i.
ARTICLE 7. Definition of terms. — Unless the context
otherwise provides:cralaw:red
(a) "Agama Arbitration Council" means a body composed
of the Chairman and a representative of each of the parties to
constitute a council to take all necessary steps for resolving
conflicts between them.
(b) "Ada" means customary law.
(c) "General Register" means the General Register of
marriages, divorces, revocation of divorces, conversion and such other
deeds or instruments kept by the Registrar under this Code.
(d) "Ihram" signifies the state of ritual
consecration of a person while on pilgrimage to Mecca.
(e) "Madhhab" (plural, Madhahib) means any of the
four orthodox (Sunni) schools of Muslim law.
(f) "Month" means a period of thirty days.
(g) "Muslim" is a person who testifies to the oneness
of God and the Prophethood of Muhammad and professes Islam.
(h) "Muslim Law" (Shari'a) refers to all the
ordinances and regulations governing Muslims as found principally in
the Qur'an and the Hadith.
(i) "Muslim Personal Law" includes all laws relating
to personal status, marriage and divorce, matrimonial and family
relations, succession and inheritance, and property relations between
spouses as provided for in this Code.
BOOK TWO
Persons and Family Relations
TITLE I
Civil Personality (Shakhsiyah Madaniya)
ARTICLE 8. Legal capacity. — Juridical capacity,
which is the fitness to be the subject of legal relations, is inherent
in every natural person and is lost only through death. Capacity to
act, which is the power to do acts with legal effect, is acquired and
may be lost.
ARTICLE 9. Restrictions on capacity. — The following
circumstances, among others, modify or limit capacity to act: age,
insanity, imbecility, the state of being deaf-mute, the condition of
death-illness (marad-ul-maut), penalty, prodigality, absence, family
relations, alienage, insolvency, and trusteeship. The consequences of
these circumstances are governed by this Code and other Islamic laws
and, in a suppletory manner, by other laws.
ARTICLE 10. Personality, how acquired. — Birth
determines personality; but the conceived child shall be considered
born for all purposes that are favorable to it, provided it be born
alive, however, briefly, at the time it is completely delivered from
the mother's womb.
ARTICLE 11. Extinction of personality. — (1) Civil
personality is extinguished by death. The effect of death upon the
rights and obligations of a deceased person is determined by this Code,
by contract, and by will.
(2) After an absence of seven years, it being
unknown whether or not the absentee still lives, he shall be presumed
dead.
ARTICLE 12. Simultaneous death. — If, as between two
or more persons who are called to succeed each other, there is a doubt
as to which of them died first, whoever alleges the death of one prior
to the other shall prove the same; in the absence of such proof, it is
presumed that they died at the same time and there shall be no
transmission of rights from one to the other. However, the successional
rights of their respective heirs shall not be affected.
TITLE II
Marriage and Divorce
CHAPTER I
Applicability Clause
ARTICLE 13. Application. — (1) The provisions of
this Title shall apply to marriage and divorce wherein both parties are
Muslims, or wherein only the male party is a Muslim and the marriage is
solemnized in accordance with Muslim law or this Code in any part of
the Philippines.
(2) In case of marriage between a Muslim and a
non-Muslim, solemnized not in accordance with Muslim law or this Code,
the Civil Code of the Philippines shall apply.
(3) Subject to the provisions of the preceding
paragraphs, the essential requisites and legal impediments to marriage,
divorce, paternity and filiation, guardianship and custody of minors,
support and maintenance, claims for customary dower (mahr), betrothal,
breach of contract to marry, solemnization and registration of marriage
and divorce, rights and obligations between husband and wife parental
authority, and the properly relations between husband and wife shall be
governed by this Code and other applicable Muslim laws. chanroblesvirtualawlibrary
CHAPTER II
Marriage (Nikah)
Section 1. Requisites of Marriage. —chanroblesvirtualawlibrary
ARTICLE 14. Nature. — Marriage is not only a civil
contract but a social institution. Its nature, consequences and
incidents are governed by this Code and the Shari'a and not subject to
stipulation, except that the marriage settlements may to a certain
extent fix the property relations of the spouses.
ARTICLE 15. Essential requisites. — No marriage
contract shall be perfected unless the following essential requisites
are compiled with:cralaw:red
(a) Legal capacity of the contracting parties;chanroblesvirtualawlibrary
(b) Mutual consent of the parties freely given;chanroblesvirtualawlibrary
(c) Offer (ijab) and acceptance (qabul) duly
witnessed by at least two competent persons after the proper guardian
in marriage (wali) has given his consent; and
(d) Stipulation of customary dower (mahr) duly
witnessed by two competent persons.
ARTICLE 16. Capacity to contract marriage. — (1) Any
Muslim male at least fifteen years of age and any Muslim female of the
age of puberty or upwards and not suffering from any impediment under
the provisions of this Code may contract marriage. A female is presumed
to have attained puberty upon reaching the age of fifteen.
(2) However, the Shari'a District Court may, upon
petition of a proper wali, order the solemnization of the marriage of a
female who though less than fifteen but not below twelve years of age,
has attained puberty.
(3) Marriage through a wali by a minor below the
prescribed ages shall be regarded as betrothal and may be annulled upon
the petition of either party within four years after attaining the age
of puberty, provided no voluntary cohabitation has taken place and the
wali who contracted the marriage was other than the father or paternal
grandfather.
ARTICLE 17. Marriage ceremony. — No particular form
of marriage ceremony is required but the ijab and the gabul in marriage
shall be declared publicly in the presence of the person solemnizing
the marriage and two competent witnesses. This declaration shall be set
forth in an instrument in triplicate, signed or marked by the
contracting parties and said witnesses, and attested by the person
solemnizing the marriage. One copy shall be given to the contracting
parties and another sent to the Circuit Registrar by the solemnizing
officer who shall keep the third. chanroblesvirtualawlibrary
ARTICLE 18. Authority to solemnize marriage. —
Marriage may be solemnized:cralaw:red
(a) By the proper wali of the woman to be wedded;chanroblesvirtualawlibrary
(b) Upon authority of the proper wali, by any person
who is competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of
Shari'a Circuit Court or any person designated by the judge, should the
proper wali refuse without justifiable reason, to authorize the
solemnization.
ARTICLE 19. Place of solemnization. — Marriage shall
be solemnized publicly in any mosque, office of the Shari'a judge,
office of the District or Circuit Registrar, residence of the bride or
her wali, or at any other suitable place agreed upon by the parties.
ARTICLE 20. Specification of dower. — The amount or
value of dower may be fixed by the contracting parties (marh-musamma)
before, during, or after the celebration of the marriage. If the amount
or the value thereof has not been so fixed, a proper dower (mahr-mithl)
shall, upon petition of the wife, be determined by the court according
to the social standing of the parties.
ARTICLE 21. Payment of dower. — Subject to the
stipulation of the parties, the dower may be fully or partially paid
before, during, or after the marriage. The property or estate of the
husband shall be liable for the unpaid dower, or any part thereof.
ARTICLE 22. Breach of contract. — Any person who has
entered into a contract to marry but subsequently refuses without
reasonable ground to marry the other party who is willing to perform
the same shall pay the latter the expenses incurred for the preparation
of the marriage and such damages as may be granted by the court.
Section 2. Prohibited Marriages. —chanroblesvirtualawlibrary
ARTICLE 23. Bases of prohibition. — No marriage may
be contracted by parties within the prohibited degrees:cralaw:red
(a) Of consanguinity;chanroblesvirtualawlibrary
(b) Of affinity; and
(c) Of fosterage.
ARTICLE 24. Prohibition by consanguinity
(tahrimjbin-nasab). — No marriage shall be contracted between:cralaw:red
(a) Ascendants and descendants of any degree;chanroblesvirtualawlibrary
(b) Brothers and sisters, whether germane,
consanguine or uterine; and
(c) Brothers or sisters and their descendants within
the third civil degree.
ARTICLE 25. Prohibition by affinity
(tahrim-bill-musahara). — (1) No marriage shall be contracted between:cralaw:red
(a) Any of the spouses and their respective affinal
relatives in the ascending line and in the collateral line within the
third degree;chanroblesvirtualawlibrary
(b) Stepfather and stepdaughter when the marriage
between the former and the mother of the latter has been consummated;chanroblesvirtualawlibrary
(c) Stepmother and stepson when the marriage between
the former and the father of the latter has been consummated; and
(d) Stepson or stepdaughter and the widow, widower
or divorcee of their respective ascendants.
(2) The prohibition under this article applies even
after the dissolution of the marriage creating the affinal
relationship.
ARTICLE 26. Prohibition due to fosterage
(tahrim-bir-rada'a). — (1) No person may validly contract marriage with
any woman who breastfed him for at least five times within two years
after his birth.
(2) The prohibition on marriage by reason of
consanguinity shall likewise apply to persons related by fosterage
within the same degrees, subject to exception recognized by Muslim law.
Section 3. Subsequent Marriages. — chanroblesvirtualawlibrary
ARTICLE 27. By a husband. — Notwithstanding the rule
of Islamic law permitting a Muslim to have more than one wife but one
wife unless he can deal with them with equal companionship and just
treatment as enjoined by Islamic law and only in exceptional cases.
ARTICLE 28. By widow. — No widow shall contract a
subsequent marriage unless she has observed an 'idda of four months and
ten days counted from the date of the death of her husband. If at that
time the widow is pregnant, she may remarry within a reasonable time
after delivery. In such case, she shall produce the corresponding death
certificate.
ARTICLE 29. By divorcee. — (1) No woman shall
contract a subsequent marriage unless she has observed an 'idda of
three monthly courses counted from the date of divorce. However, if she
is pregnant at the time of the divorce, she may remarry only after
delivery.
(2) Should a repudiated woman and her husband
reconcile during her 'idda, he shall have a better right to take her
back without need of a new marriage contract.
(3) Where it is indubitable that the marriage has
not been consummated when the divorce was affected, no 'idda shall be
required.
ARTICLE 30. Marriage after three talaq. — (1) Where
a wife has been thrice repudiated (talaq bain lubra) on three different
occasions by her husband, he cannot remarry her unless she shall have
married another person who divorces her after consummation of the
intervening marriage and the expiration of the 'idda.
(2) No solemnizing officer shall perform the
subsequent marriage mentioned in the preceding paragraph unless he has
ascertained that there was no collusion among the parties.
Section 4. Batil and Fasi Marriages. — chanroblesvirtualawlibrary
ARTICLE 31. Batil marriages. — The following
marriages shall be void (batil) from the beginning:cralaw:red
(a) Those contracted contrary to Articles 23, 24, 25
and 26;chanroblesvirtualawlibrary
(b) Those contracted in contravention of the
prohibition against unlawful conjunction; and
(c) Those contracted by parties one or both of whom
have been found guilty of having killed the spouse of either of them.
ARTICLE 32. Fasid marriages. — The following
marriages shall be irregular (fasid) from their performance:cralaw:red
(a) Those contracted with a female observing 'idda;chanroblesvirtualawlibrary
(b) Those contracted contrary to Article 30;chanroblesvirtualawlibrary
(c) Those wherein the consent of either party is
vitiated by violence, intimidation, fraud, deceit or misrepresentation;chanroblesvirtualawlibrary
(d) Those contracted by a party in a condition of
death-illness (marad-ul-mault) without the same being
consummated; chanroblesvirtualawlibrary
(e) Those contracted by a party in a state of ihram;
and
(f) Mixed marriages not allowed under Islamic law.
ARTICLE 33. Validation of irregular marriages. — (1)
Irregular marriages may be made regular by a new marriage contract in
the following cases:cralaw:red
(a) Those referred to in Article 32(a), after the
impediment has been removed;chanroblesvirtualawlibrary
(b) Those referred to in Article 32(b), upon
compliance with the requirement of Article 30;chanroblesvirtualawlibrary
(c) Those referred to in Article 32(c), after the
causes vitiating consent have ceased;chanroblesvirtualawlibrary
(d) Those referred to in Article 32(d), in case the
party recovers;chanroblesvirtualawlibrary
(e) Those referred to in Article 32(e), when the
party is no longer in a state of ihram; and
(f) Those referred to in Article 32(f), after
conversion to a faith that could have made the marriage valid.
(2) The effects of the new marriage under the first
paragraph shall retroact to the date of the celebration of the
irregular marriage.
Section 5. Rights and Obligations Between Spouses.
— chanroblesvirtualawlibrary
ARTICLE 34. Mutual rights and obligations. — (1) The
husband and the wife are obliged to live together, observe mutual
respect and fidelity, and render mutual help and support in accordance
with this Code.
(2) When one of the spouses neglects his or her
duties to the conjugal union or brings danger, dishonor or material
injury upon the other, the injured party may petition the court for
relief. The court may counsel the offender to comply with his or her
duties, and take such measures as may be proper.
(3) The husband and the wife shall inherit from each
other in accordance with this Code.
(4) The husband and the wife shall have the right to
divorce in accordance with this Code. chanroblesvirtualawlibrary
ARTICLE 35. Rights and obligations of the husband. —
The husband shall fix the residence of the family. The court may exempt
the wife from living with her husband on any of the following grounds:cralaw:red
(a) Her dower is not satisfied in accordance with
the stipulations; or
(b) The conjugal dwelling is not in keeping with her
social standing or is, for any reason, not safe for the members of the
family or her property.
ARTICLE 36. Rights and obligations of the wife. —
(1) The wife shall dutifully manage the affairs of the household. She
may purchase things necessary for the maintenance of the family, and
the husband shall be bound to reimburse the expenses, if he has not
delivered the proper sum.
(2) The wife cannot, without the husband's consent,
acquire any property by gratuitous title, except from her relatives who
are within the prohibited degrees in marriage.
(3) The wife may, with her husband's consent,
exercise any profession or occupation or engage in lawful business
which is in keeping with Islamic modesty and virtue. However, if the
husband refuses to give his consent on the ground that his income is
sufficient for the family according to its social standing or his
opposition is based on serious and valid grounds, the matter shall be
referred to the Agama Arbitration Council.
(4) The wife shall have the right to demand the
satisfaction of her mahr.
(5) Unless otherwise stipulated in the marriage
settlements, the wife retain ownership and administration of her
exclusive property.
(6) The wife shall be entitled to an equal and just
treatment by the husband.
Section 6. Property Relations Between Spouses.
— chanroblesvirtualawlibrary
ARTICLE 37. How governed. — The property relations
between husband and wife shall be governed in the following order:cralaw:red
(a) By contract before or at the time of the
celebration of marriage;chanroblesvirtualawlibrary
(b) By the provisions of this Code; and
(c) By custom.
ARTICLE 38. Regime of property relations. — The
property relations between the spouses, in the absence of any
stipulation to the contrary in the marriage settlements or any other
contract, shall be governed by the regime of complete separation of
property in accordance with this Code and, in a suppletory manner, by
the general principles of Islamic law and the Civil Code of the
Philippines.
ARTICLE 39. Stipulation in the marriage settlements.
— Every stipulation in the marriage settlements or contract referred to
in the preceding article shall be void and without effect whatsoever,
should the marriage not take place. However, stipulations that do not
depend upon the contract of marriage shall be valid.
ARTICLE 40. Ante-nuptial property. — The wife shall
not lose ownership and administration of all properties brought by her
to the marriage in the absence of any written agreement to the
contrary, and she may dispose of the same by deed or otherwise even
without the consent of her husband.
ARTICLE 41. Exclusive property of each spouse. — The
following shall be the exclusive property of either spouse:cralaw:red
(a) Properties brought to the marriage by the
husband or the wife;chanroblesvirtualawlibrary
(b) All income derived by either spouse from any
employment, occupation or trade;chanroblesvirtualawlibrary
(c) Any money or property acquired by either spouse
during marriage by lucrative title;chanroblesvirtualawlibrary
(d) The dower (mahr) of the wife and nuptial gifts
to each spouse;chanroblesvirtualawlibrary
(e) Properties acquired by right of redemption,
purchase or exchange of the exclusive property of either; and
(f) All fruits of properties in the foregoing
paragraphs.
ARTICLE 42. Ownership and administration. — Each
spouse shall own, possess, administer, enjoy and dispose of his or her
own exclusive estate even without the consent of the other. However,
the court may, upon petition of either spouse, grant to the other the
administration of such property.
ARTICLE 43. Household property. — Household property
which customarily pertains to or is used by either spouse shall be
prima facie presumed to be the property of said spouse.
ARTICLE 44. Right to sue and be sued. — The wife
may, independently of the husband, sue or be sued in the following
cases:cralaw:red
(a) When the litigation is between husband and wife;chanroblesvirtualawlibrary
(b) If the suit concerns her exclusive property;chanroblesvirtualawlibrary
(c) If the litigation is incidental to her
profession, occupation or business;chanroblesvirtualawlibrary
(d) If the litigation concerns the exclusive
property of the husband, the administration of which has been
transferred to her; or
(e) Such other appropriate cases as may be followed
by the general principles of Islamic law and other laws.
CHAPTER III
Divorce (Talaq)
Section 1. Nature and Form. —chanroblesvirtualawlibrary
ARTICLE 45. Definition and forms. — Divorce is the
formal dissolution of the marriage bond in accordance with this Code to
be granted only after the exhaustion of all possible means of
reconciliation between the spouses. It may be effected by:cralaw:red
(a) Repudiation of the wife by the husband (talaq);chanroblesvirtualawlibrary
(b) Vow of continence by the husband (ila);chanroblesvirtualawlibrary
(c) Injurious assanilation of the wife by the
husband (zihar);chanroblesvirtualawlibrary
(d) Acts of imprecation (li'an);chanroblesvirtualawlibrary
(e) Redemption by the wife (khul');chanroblesvirtualawlibrary
(f) Exercise by the wife of the delegated right to
repudiate (tafwld); or
(g) Judicial decree (faskh).
ARTICLE 46. Divorce by talaq. — (1) A divorce by
talaq may be effected by the husband in a single repudiation of his
wife during her non-menstrual period (tuhr) within which he has totally
abstained from carnal relation with her. Any number of repudiation made
during one tuhr shall constitute only one repudiation and shall become
irrevocable after the expiration of the prescribed 'idda.
(2) A husband who repudiates his wife, either for
the first or second time, shall have the right to take her back (ruju)
within the prescribed 'idda by resumption of cohabitation without need
of a new contract of marriage. Should he fail to do so, the repudiation
shall become irrevocable (Talaq bain sugra).
ARTICLE 47. Divorce by Ila. — Where a husband makes a
vow to abstain from any carnal relations (ila) with his wife and keeps
such ila for a period of not less than four months, she may be granted
a decree of divorce by the court after due notice and
hearing. chanroblesvirtualawlibrary
ARTICLE 48. Divorce by zihar. — Where the husband
has injuriously assimilated (zihar) his wife to any of his relatives
within the prohibited degrees of marriage, they shall mutually refrain
from having carnal relation until he shall have performed the
prescribed expiation. The wife may ask the court to require her husband
to perform the expiation or to pronounce the a regular talaq should he
fail or refuse to do so, without prejudice to her right of seeking
other appropriate remedies.
ARTICLE 49. Divorce by li'an. — Where the husband
accuses his wife in court of adultery, a decree of perpetual divorce
may be granted by the court after due hearing and after the parties
shall have performed the prescribed acts of imprecation (li'an).
ARTICLE 50. Divorce by khul'. — The wife may, after
having offered to return or renounce her dower or to pay any other
lawful consideration for her release (khul') from the marriage bond,
petition the court for divorce. The court shall, in meritorious cases
and after fixing the consideration, issue the corresponding decree.
ARTICLE 51. Divorce by tafwid. — If the husband has
delegated (tafwid) to the wife the right to effect a talaq at the time
of the celebration of the marriage or thereafter, she may repudiate the
marriage and the repudiation would have the same effect as if it were
pronounced by the husband himself.
ARTICLE 52. Divorce by faskh. — The court may, upon
petition of the wife, decree a divorce by faskh on any of the following
grounds :cralaw:red
(a) Neglect or failure of the husband to provide
support for the family for at least six consecutive months;chanroblesvirtualawlibrary
(b) Conviction of the husband by final judgment
sentencing him to imprisonment for at least one year;chanroblesvirtualawlibrary
(c) Failure of the husband to perform for six months
without reasonable cause his marital obligation in accordance with this
code;chanroblesvirtualawlibrary
(d) Impotency of the husband;chanroblesvirtualawlibrary
(e) Insanity or affliction of the husband with an
incurable disease which would make the continuance of the marriage
relationship injurious to the family;chanroblesvirtualawlibrary
(f) Unusual cruelty of the husband as defined under
the next succeeding article; or chanroblesvirtualawlibrary
(g) Any other cause recognized under Muslim law for
the dissolution of marriage by faskh either at the instance of the wife
or the proper wali.
ARTICLE 53. Faskh on the ground of unusual cruelty.
— A decree of faskh on the ground of unusual cruelty may be
granted by the court upon petition of the wife if the husband:cralaw:red
(a) Habitually assaults her or makes her life
miserable by cruel conduct even if this does not result in physical
injury;chanroblesvirtualawlibrary
(b) Associates with persons of ill-repute or leads
an infamous life or attempts to force the wife to live an immoral life;chanroblesvirtualawlibrary
(c) Compels her to dispose of her exclusive property
or prevents her from exercising her legal rights over it;chanroblesvirtualawlibrary
(d) Obstructs her in the observance of her religious
practices; or
(e) Does not treat her justly and equitably as
enjoined by Islamic law.
ARTICLE 54. Effects of irrevocable talaq or faskh. —
A talaq or faskh, as soon as it becomes irrevocable, shall have the
following effects:cralaw:red
(a) The marriage bond shall be severed and the
spouses may contract another marriage in accordance with this Code;chanroblesvirtualawlibrary
(b) The spouses shall lose their mutual rights of
inheritance;chanroblesvirtualawlibrary
(c) The custody of children shall be determined in
accordance with Article 78 of this code;chanroblesvirtualawlibrary
(d) The wife shall be entitled to recover from the
husband her whole dower in case the talaq has been affected after the
consummation of the marriage, or one-half thereof if effected before
its consummation;chanroblesvirtualawlibrary
(e) The husband shall not be discharged from his
obligation to give support in accordance with Article 67; and
(f) The conjugal partnership, if stipulated in the
marriage settlements, shall be dissolved and liquidated.
ARTICLE 55. Effects of other kinds of divorce. — The
provisions of the article immediately preceding shall apply to the
dissolution, of marriage by ila, zihar, li'an and khul', subject to the
effects of compliance with the requirements of the Islamic law relative
to such divorces. chanroblesvirtualawlibrary
Section 2. 'Idda. — chanroblesvirtualawlibrary
ARTICLE 56. 'Idda defined. — 'Idda is the period of
waiting prescribed for a woman whose marriage has been dissolved by
death or by divorce the completion of which shall enable her to
contract a new marriage.
ARTICLE 57. Period. — (1) Every wife shall be
obliged to observe 'idda as follows:cralaw:red
(a) In case of dissolution of marriage by death,
four months and ten days counted from the death of her husband;chanroblesvirtualawlibrary
(b) In case of termination of marriage by divorce,
for three monthly courses; or
(c) In case of a pregnant women, for a period
extending until her delivery.
(2) Should the husband die while the wife is
observing 'idda for divorce, another 'idda for death shall be observed
in accordance with paragraph 1(a).
TITLE III
Paternity and Filiation
ARTICLE 58. Legitimacy, how established. —
Legitimacy of filiation is established by evidence of valid marriage
between the father and the mother at the time of the conception of the
child.
ARTICLE 59. Legitimate children. — (1) Children
conceived in lawful wedlock shall be presumed to be legitimate. Whoever
claims illegitimacy of or impugns such filiation must prove his
allegation.
(2) Children born after six months following the
consummation of marriage or with two years after the dissolution of the
marriage shall be presumed to be legitimate. Against this presumption
no evidence shall be admitted other than that of the physical
impossibility of access between the parents at or about the time of the
conception of the child.
ARTICLE 60. Children of subsequent marriage. —
Should the marriage be dissolved and the wife contracts another
marriage after the expiration of her 'IDDA, the child born within six
months from the dissolution of the prior marriage shall be presumed to
have been conceived during the former marriage, and if born thereafter,
during the latter.
ARTICLE 61. Pregnancy after dissolution. — If, after
the dissolution of marriage, the wife believes that she is pregnant by
her former husband, she shall, within thirty days from the time she
became aware of her pregnancy, notify the former husband or his heirs
of that fact. The husband or his heirs may ask the court to take
measures to prevent a simulation of birth.
ARTICLE 62. Rights of legitimate child. — A
legitimate child shall have the right:cralaw:red
(a) To bear the surnames of the father and of the
mother;chanroblesvirtualawlibrary
(b) To receive support from the father or, in his
default, from his heirs in accordance with Articles 65 and 68; and
(c) To share in the legitimate (furud) and other
successional rights which this Code recognizes in his favor.
ARTICLE 63. Acknowledgment by father. —
Acknowledgment (igra) of a child by the father shall establish
paternity and confer upon each the right inherit from the other
exclusively in accordance with Article 94, provided the following
conditions are complied with:cralaw:red
(a) The acknowledgment is manifested by the father's
acceptance in public that he is the father of the child who does not
impugn it; and
(b) The relations does not appear impossible by
reason of disparity in age.
ARTICLE 64. Adoption. — No adoption in any form
shall confer upon any person the status and rights of a legitimate
child under Muslim law, except that said person may receive a gift
(hiba).
TITLE IV
Support (Nafaqa)
ARTICLE 65. Support defined. — Support (nafaqa)
includes everything that is indispensable for sustenance, dwelling,
clothing and medical attendance according to the social standing of the
person obliged to give it, and the education of the person entitled to
the support until he completes his education, training, or vocation
even beyond the age of majority.
ARTICLE 66. Amount. — The amount of support shall be
in proportion to the resources of the giver and to the needs of the
recipient.
ARTICLE 67. Support for wife and infant. — (1) The
wife shall be entitled to support during the marriage. In cases of
divorce, (talaq), her right shall be extended up to the expiration of
the 'idda. However, in case the wife is pregnant at the time of the
separation, she shall be entitled to support until
delivery. chanroblesvirtualawlibrary
(2) Any divorced nursing mother who continues to
breastfeed her child for two years shall be entitled to support until
the time of weaning.
ARTICLE 68. Support between ascendants and
descendants. — The ascendants and descendants shall be obliged to
support each other in the order in which they are called to succeed by
intestacy the person who has a right to claim support.
ARTICLE 69. Payment. — (1) The obligation to support
shall be demandable from the time the recipient needs it for
maintenance, but it shall not be paid except from the date it is
extrajudicially demanded.
(2) Payment shall be made daily, weekly or monthly
in advance, and when the recipient dies, his heirs shall not be obliged
to return what he had received in advance.
(3) If the recipient is the wife, the rule
established in the foregoing paragraph shall apply even though the
marriage is dissolved.
ARTICLE 70. Extinguishment of support. — The
obligation to support shall cease:cralaw:red
(a) Upon the death of the recipient;chanroblesvirtualawlibrary
(b) When the resources of the obligor have been so
reduced that he cannot give the support without neglecting his own need
and those of his family, except that in the case of the spouses, the
husband, though needy, is obliged to support the wife; or
(c) When the recipient commits any act which would
give rise to disqualification to inherit or denial of support under
Muslim law.
TITLE V
Parental Authority
CHAPTER I
Nature and Effects
ARTICLE 71. Who exercises. — (1) The father and the
mother shall jointly exercise just and reasonable parental authority
and fulfill their responsibility over their legitimate and acknowledged
children. In case of disagreement, the father's decision shall prevail
unless there is a judicial order to the contrary.
(2) The mother shall exercise parental authority
over her children born out of wedlock, but the court may, when the best
interests of the children so require, appoint a general guardian.
ARTICLE 72. Duty to parents. — (1) Children shall
respect, revere, and obey their parents always unless the latter cast
them into disbelief.
(2) Grandparents are likewise entitled to respect
and reverence, and shall be consulted whenever practicable by all
members of the family on all important questions.
ARTICLE 73. Duty to children. — Every parent and
every person exercising parental authority shall see to it that the
rights of the children are respected, and their duties complied with,
and shall particularly by precept and example, imbue them with
religious and civic attachment to the ideal of permanent world peace.
ARTICLE 74. Effects upon person of children. — The
parents have, with respect to their unemancipated children:cralaw:red
(a) The duty to support them, have them in their
company, educate and instruct them in keeping with their means and
represent them in all actions which shall redound to their benefits;
and
(b) The power to correct, discipline, and punish
them moderately.
ARTICLE 75. Effects upon property of children. — (1)
The father, or in his absence the mother, shall be the legal
administrator of the property of the child under parental authority. If
the property is worth more than five thousand pesos, the father or the
mother shall give a bond to be approved by the court.
(2) The court may appoint a guardian (wasi) in the
absence of one who is natural or testamentary.
ARTICLE 76. Parental authority non-transferable. —
Parental authority can neither be renounced nor transferred except as
otherwise provided in this Code and the general principles of Islamic
law.
ARTICLE 77. Extinguishment of parental authority. —
(1) Parental authority terminates upon the death of the parents or the
child, or upon emancipation.
(2) Subject to Article 78, the widowed mother who
contracts a subsequent marriage shall lose parental authority and
custody over all children by the deceased husband, unless the second
husband is related to them within the prohibited degrees of
consanguinity.
(3) The court may deprive a person of parental
authority or suspend the exercise thereof if he treats his children
with excessive harshness, gives then corrupting or immoral orders and
counsel, or abandons them.
CHAPTER II
Custody and Guardianship
ARTICLE 78. Care and custody. — (1) The care and
custody of children below seven years of age whose parents are divorced
shall belong to the mother or, in her absence, to the maternal
grandmother, the paternal grandmother, the sister and aunts. In their
default, it shall devolve upon the father and the nearest paternal
relatives. The minor above seven years of age but below the age of
puberty may choose the parent with whom he wants to stay. chanroblesvirtualawlibrary
(2) The unmarried daughter who has reached the age
of puberty shall stay with the father; the son, under the same
circumstances, shall stay with the mother.
ARTICLE 79. Guardian for marriage (wali). — The
following persons shall have authority to act as guardian for marriage
(wali) in the order of precedence:cralaw:red
(a) Father
(b) Paternal grandfather;chanroblesvirtualawlibrary
(c) Brother and other paternal relatives;chanroblesvirtualawlibrary
(d) Paternal grandfather's executor or nominee; or
(e) The court.
ARTICLE 80. Guardian of minor's property. — The
following persons shall exercise guardianship over the property of
minors in the order of precedence:cralaw:red
(a) Father;chanroblesvirtualawlibrary
(b) Father's executor or nominee;chanroblesvirtualawlibrary
(c) Paternal grandfather;chanroblesvirtualawlibrary
(d) Paternal grandfather's nominee; or
(e) The court.
TITLE VI
Civil Registry
CHAPTER I
Registry of Marriage,
DIVORCE AND CONVERSIONS
ARTICLE 81. District Registrar. — The Clerk of Court
of the Shari'a District Court shall, in addition to his regular
functions, act as District Registrar of Muslim Marriages, Divorces,
Revocations of Divorces, and Conversions within the territorial
jurisdiction of said court. The Clerk of Court of the Shari'a Circuit
Court shall act as Circuit Registrar of Muslim Marriages, Divorces,
Revocations of Divorces, and Conversions within his
jurisdiction. chanroblesvirtualawlibrary
ARTICLE 82. Duties of District Registrar. — Every
District Registrar shall exercise supervision over Circuit Registrars
in every Shari'a District. He shall, in addition to an entry book, keep
and bind copies of certificates of Marriage, Divorce, Revocation of
Divorce, and Conversion sent to him by the Circuit Registrars in
separate general registers. He shall send copies in accordance with
Act. No. 3753, as amended, to the office of the Civil
Registrar-General.
ARTICLE 83. Duties of Circuit Registrar. — Every
Circuit Registrar shall:cralaw:red
(a) File every certificate of marriage (which shall
specify the nature and amount of the dower agreed upon,) divorce or
revocation of divorce and conversion and such other documents presented
to him for registration;chanroblesvirtualawlibrary
(b) Compile said certificates monthly, prepare and
send any information required of him by the District Registrar;chanroblesvirtualawlibrary
(c) Register conversions involving Islam;chanroblesvirtualawlibrary
(d) Issue certified transcripts or copies of any
certificate or document registered upon payment of the required fees;chanroblesvirtualawlibrary
(e) Send to the District Registrar during the first
ten days of each month a copy of the entries made during the previous
month;chanroblesvirtualawlibrary
(f) Index the same for easy reference and
identification in case any information is required; and
(g) Administer oaths, free of charge, for civil
registry purposes.
ARTICLE 84. Cancellation or Correction of Entry. —
Any entry in the District or Circuit Register may, upon verified
petition of any interested party, be corrected upon order of the
Shari'a District Court, subject to the provisions of the Rules of
Court. Every Registrar shall be civilly responsible for any
unauthorized alteration made in the registry to any person suffering
damage thereby. However, the Registrar may exempt himself from such
liability if he proves that he has taken every reasonable precaution to
prevent the unlawful alteration.
ARTICLE 85. Registration of revocation of divorce. —
Within seven days after the revocation of a divorce by ruju', the
husband shall, with the wife's written consent, file a statement
thereof with the Circuit Registrar in whose records that divorce was
previously entered. chanroblesvirtualawlibrary
ARTICLE 86. Legal effects of registration. — The
books making up the registry of marriage, divorce, revocation of
divorce, conversion, and all other documents relating thereto shall be
considered public documents and shall be prima facie evidence of the
facts therein contained. However, nothing herein provided shall affect
the intrinsic validity or invalidity of the acts registered.
ARTICLE 87. Applicability of other civil registry
law. — To the extent not inconsistent with the provisions of this Code,
the provisions of other registry laws governing other civil registrars
shall be observed by district or circuit registrars.
CHAPTER II
Other Acts Affecting Civil Status
ARTICLE 88. Where registered. — All other acts,
events, or judicial decrees affecting civil status not mentioned in
Chapter One of this Title shall be recorded in the existing civil
registry of the city or municipality in accordance with special laws.
BOOK THREE
Succession
TITLE I
General Provisions
ARTICLE 89. Succession defined. — Succession is a
mode of acquisition by virtue of which the estate of a person is
transmitted to his heirs or others in accordance with this code.
ARTICLE 90. Successional rights, when vested. — The
rights to succession are transmitted from the moment of the death of
the decedent. The right to succession of any heir who predeceases the
decedent shall not be transmitted by right of representation to his own
heirs.
ARTICLE 91. Requisites of succession. — No
settlement of the estate of a deceased person shall be effected unless:cralaw:red
(a) The death of the decedent is ascertained;chanroblesvirtualawlibrary
(b) The successor is alive at the time of the death
of the decedent; and
(c) The successor is not disqualified to inherit.
ARTICLE 92. Inheritance (Mirath). — The inheritance
of a person includes all properties of any kind, movable or immovable,
whether ancestral or acquired either by onerous or gratuitous title, as
well as all transmissible rights and obligations at the time of his
death and those that accrue thereto before partition.
ARTICLE 93. Disqualifications to succession. — The
following shall be disqualified to succeed:cralaw:red
(a) Those who have intentionally caused directly or
indirectly the death of the decedent;chanroblesvirtualawlibrary
(b) Those who have committed any other act which
constitutes a ground for disqualification to inherent under Islamic
law; and
(c) Those who are so situated that they cannot
inherit under Islamic law.
ARTICLE 94. Succession from acknowledging person. —
Without prejudice to the order of succession of heirs, mutual rights of
inheritance shall obtain:cralaw:red
(a) Between the acknowledging father and the
acknowledged child; and
(b) Between the kinsman acknowledged through another
person and the acknowledger. chanroblesvirtualawlibrary
ARTICLE 95. Succession by illegitimate child. — A
child who was the cause of the mother's having been divorced by li'an
shall have mutual rights of succession only with the mother and her
relatives.
ARTICLE 96. Succession between divorced persons. —
(1) The husband who divorces his wife shall have mutual rights of
inheritance with her while she is observing her 'idda. After the
expiration of the 'idda, there shall be no mutual rights of succession
between them.
(2) The husband who, while in a condition of
death-illness, divorces his wife shall not inherit from her, but she
shall have the right to succeed him even after the expiration of her
'idda.
ARTICLE 97. Succession by conceived child. — A child
conceived at the time of the death of the decedent shall be considered
an heir provided it be born later in accordance with Article 10; its
corresponding share shall be reserved before the estate is distributed.
ARTICLE 98. Succession by absentee. — The share of
an heir who is missing or otherwise absent at the time of the death of
the decedent shall be reserved:cralaw:red
(a) Until he reappears and claims it;chanroblesvirtualawlibrary
(b) Until he is proven dead; or
(c) Until the lapse of ten years after which he
shall be presumed dead by decree of the court.
ARTICLE 99. Order of succession. — The heirs of a
decedent shall inherit in the following order:cralaw:red
(a) Sharers (ashab-ul-furud) shall be entitled to
fixed shares;chanroblesvirtualawlibrary
(b) Residuaries (ashab-ul-mirath) shall be entitled
to the residue;chanroblesvirtualawlibrary
(c) In the absence of the foregoing, the distant
kindred (dhaw-ul-arham) who are blood relatives but are neither sharers
nor residuaries; and chanroblesvirtualawlibrary
(d) In default of the above, the acknowledged
kinsman, universal legatee, or the public treasury (bait-ul-mal), in
that order.
ARTICLE 100. Modes of Succession. — Succession my
be:cralaw:red
(a) By will (wasiya);chanroblesvirtualawlibrary
(b) By operation of this Code; or
(c) By combination of both.
TITLE II
Testamentary Succession
CHAPTER I
Wills
ARTICLE 101. Will defined. — A will (wasiya) is a
declaration whereby a person is permitted, with the formalities
prescribed by law, to control the disposition after his death of not
more than one-third of his estate, if there are heirs, or the whole of
it, if there are no heirs or distant kindred.
ARTICLE 102. Formalities. — (1) The making of a will
is strictly a personal act; it cannot be left in whole or in part to
the discretion of a third person or accomplished through the
instrumentality of an agent.
(2) A will may be declared orally or in writing in a
manner that shows clearly the intention of the testator to execute it
in the presence of a least two competent, credible and disinterested
witnesses.
ARTICLE 103. Proof of will. — (1) No nuncupative
will shall pass any property of the decedent unless it is proved and
allowed in accordance with a solemn oath or affirmation of all the
witnesses who attested to its declaration.
(2) No will of any other kind, holographic or
formal, shall pass any property unless it is proved and allowed in
accordance with this Code.
ARTICLE 104. Testamentary wagf— An endowment for
Islamic purposes to take effect after the death of the donor
(wagf-bill-wasiya) partakes of the nature of a testamentary disposition.
ARTICLE 105. Capacity to make a will. — Any person
of sound and disposing mind and who is not expressly prohibited by
Islamic law may make a will. Persons of either sex under the age of
puberty cannot make a will. chanroblesvirtualawlibrary
ARTICLE 106. Disposable third. — (1) The testator,
in his will, cannot dispose of more than one-third of his estate. Any
bequest in excess thereof shall not be given effect unless ratified by
the heirs. In any case, the bequest must be accepted by the legatee.
(2) A bequest to any sharer or residuary shall not
be valid unless ratified by the testator's heirs existing at the time
of his death.
ARTICLE 107. Bequest by operation of law. — Should
the testator die without having made a bequest in favor of any child of
his son who predeceased him, or who simultaneously dies with him, such
child shall be entitled to one-third of the share that would have
pertained to the father if he were alive. The parent or spouse, who is
otherwise disqualified to inherit in view of Article 93 (c), shall be
entitled to one-third of what he or she would have received without
such disqualification.
ARTICLE 108. Revocation of will. — Will may be
expressly or impliedly revoked by the testator at any time before his
death. Any waiver or restriction of this right shall be void.
ARTICLE 109. Partial invalidity of will. — The
invalidity of one of several provisions of a will shall not result in
the invalidity of the others, unless it is to be presumed that the
testator would not have made such other provisions if the first invalid
provision had not been made.
TITLE III
Legal Succession
CHAPTER I
Shares
ARTICLE 110. Who are sharers. — The following
persons shall be entitled to the inheritance as sharers to the extent
set forth in the succeeding articles:cralaw:red
(a) The husband, the wife;chanroblesvirtualawlibrary
(b) The father, the mother, the grandfather, the
grandmother;chanroblesvirtualawlibrary
(c) The daughter and the son's daughter in the
direct line;chanroblesvirtualawlibrary
(d) The full sister, the consanguine sister, the
uterine sister and the uterine brother.
ARTICLE 111. Share of surviving husband. — The
husband surviving together with a legitimate child or a child of the
decedent's son shall be entitled to one-fourth of the hereditary
estate; should there be no such descendants, he shall inherit one-half
of the estate.
ARTICLE 112. Share of surviving wife. — The wife
surviving together with a legitimate child or a child of the decedent's
son shall be entitled to one-eight of the hereditary estate; in the
absence of such descendants, she shall inherit one-fourth of the
estate. chanroblesvirtualawlibrary
ARTICLE 113. Share of surviving father. — The father
succeeding together with the legitimate son of the decedent or a son of
the decedent's son shall be entitled, as sharer, to one-sixth of the
hereditary estate. The father who succeeds together with a legitimate
daughter of the decedent or a daughter of the decedent's son shall
inherit, as sharer, one-sixth of the inheritance without prejudice to
his share as residuary.
ARTICLE 114. Share of surviving mother. — The mother
succeeding as sharer together with a child or a child of the decedent's
son, or with two or more brothers or sisters of the decedent, shall be
entitled to one-sixth of the hereditary estate. Should she survive
without any such descendant or with only one brother or sister, she
shall inherit one-third of the estate.
ARTICLE 115. Share of paternal grandfather. — The
paternal grandfather succeeding together with the child of the decedent
or, in default thereof, with his descendants in the direct male line
however, distant, shall be entitled to one-sixth of the hereditary
estate. Should he survive with any sharer other than the brothers or
sisters of the decedent, he shall be entitled to one-sixth without
prejudice to his right as a residuary.
ARTICLE 116. Share of paternal grandmother. — The
paternal grandmother succeeding in default of the mother, father, or
intermediate grandfather of the decedent shall be entitled, as sharer,
to one-sixth of the hereditary estate.
ARTICLE 117. Share of surviving daughter. — (1) If
the decedent leaves no son but one daughter, the latter shall be
entitled to inherit, as sharer, one-half of the hereditary estate. Two
or more daughters shall share equally two-thirds thereof. Should one or
more daughters survive with one or more sons of the decedent, the
latter shall be entitled to double the share of the former.
(2) Should a lone daughter of the decedent survive
together with his son's daughter, the two-thirds share shall be divided
between them, one-half thereof to pertain to the former and one-sixth
of the latter.
ARTICLE 118. Share of son's daughter. — The son's
daughter shall, in the absence of any child of the decedent, be
entitled to one-half of the hereditary estate. Two or more daughters of
the decedent's son shall share the two-thirds of the estate per capita.
ARTICLE 119. Share of full sister. — Should the
decedent leave neither descendant, father, nor full brother, the full
sister, shall be entitled as sharer to the extent of one-half of the
hereditary estate. Two or more full sisters shall inherit two-thirds of
the estate per capita. chanroblesvirtualawlibrary
ARTICLE 120. Share of consanguine sister. — Should
the decedent leave neither descendent, full brother, nor full sister,
the consanguine sister shall be entitled to one-half of the hereditary
estate. Two or more consanguine sisters shall inherit two-thirds of the
estate per capita.
ARTICLE 121. Share of uterine brother or sister. —
The share of a uterine brother or sister shall be one-sixth of the
hereditary estate should there be no surviving descendant, father,
paternal grandfather, or full brother and sister of the decedent. Two
or more uterine brothers or sisters shall inherit one-third of the
estate per capita.
ARTICLE 122. Participation of full brother. — (1)
One or more full brothers and sisters surviving together, or one or
more consanguine brothers or sisters surviving together, shall
participate in the hereditary estate, a brother to inherit double the
share of a sister.
(2) The provision of the next succeeding article
notwithstanding, the full brother shall, if nothing is left for him
after the distribution of shares and he survives with uterine brothers,
participate with the latter in the one-third of the hereditary estate
per capita.
ARTICLE 123. Exclusion among heirs. — The exclusion
of heirs from the inheritance shall be governed by the following rules:cralaw:red
(a) In the same line, the relative nearest in degree
excludes the more remote.
(b) Full-blood relatives exclude the consanguine and
the uterine.
(c) Whoever is related to the decedent through any
person shall not inherit while the latter is living, except in the case
of a mother concurring with her children.
(d) Heirs who, in a particular case, do not succeed
by reason of disqualification on any ground shall not exclude others.
CHAPTER II
Residuary Heirs
ARTICLE 124. Residuaries. — Any residue left after
the distribution of the shares shall be partitioned among the
residuaries in accordance with the following articles. An heir may
succeed as residuary in his own right (asaba-bin-nafs), in another's
right (asaba-bil-ghair), or together with another (asaba-ma'al-ghair).
ARTICLE 125. Residuaries in their own right. — The
following persons are residuaries in their own right:cralaw:red
(a) Male descendants of the decedent in the direct
line, however, distant in degree;chanroblesvirtualawlibrary
(b) Male ascendants of the decedent in the direct
line, however distant in degree;chanroblesvirtualawlibrary
(c) Full-blood or consanguine brothers of the
decedent and their male descendants, however, distant in degree; and
(d) Full-blood or consanguine paternal uncles of the
decedent and their male descendants, however distant in degree.
ARTICLE 126. Residuaries in another's right. — The
following persons shall succeed as residuaries in another's right:cralaw:red
(a) Daughters surviving with the son of the
decedent;chanroblesvirtualawlibrary
(b) Son's daughters surviving with their own
brothers;chanroblesvirtualawlibrary
(c) Full sisters surviving with their full brothers;
and
(d) Consanguine sisters surviving with their
consanguine brothers.
ARTICLE 127. Residuaries together with another. —
Full-blood or consanguine sisters, surviving with daughters of the
decedent or with the son's daughters, however, distant in degree from
the decedent, are residuaries together with another.
ARTICLE 128. Preference among residuaries. —
Preference among residuaries shall be governed by the following rules:cralaw:red
(a) The residuary nearer in degree shall be
preferred to the more remote of the same class.
(b) The residuary with full-blood relationship shall
be preferred to those of the half-blood of the same degree of
relationship in the same class.
(c) The residuaries of the same class, degree and
blood relationship shall share equally, subject to the rule of the male
having a share double that of the female in proper cases.
ARTICLE 129. Reduction of shares. — If the totality
of all the shares assigned to each of the sharers exceeds the whole
inheritance, the shares shall be reduced proportionately.
ARTICLE 130. Reversion of residue. — If, after
distributing the portions of the sharers, a residue is left in the
inheritance and there is no surviving residuary heir, the same shall
revert in its entirety to the lone sharer or to all the sharers in
proportion to their respective shares. However, the husband or the wife
shall not be entitled to any part of the reverted portion as long as
there are other sharers or distant kindred. chanroblesvirtualawlibrary
CHAPTER III
Distant Kindred (Dhaw-ul-arham)
ARTICLE 131. Relatives included. — Distant kindred
includes the following:cralaw:red
(a) The daughter's children and the children of the
son's daughter and their descendants;chanroblesvirtualawlibrary
(b) The excluded grandfather and the excluded
grandmother;chanroblesvirtualawlibrary
(c) The sister's children, the brother's daughters,
the sons of the uterine brother, and their descendants; and
(d) The paternal aunts, the uterine uncles and the
maternal aunts and uncles.
ARTICLE 132. Extent and distribution of shares. — In
default of all sharers and residuaries, the distant kindred shall
inherit the entire hereditary estate, the same to be distributed among
them in accordance with Articles 123 and 128.
TITLE IV
Settlement and Partition of Estate
ARTICLE 133. Administration. — The administration of
the estate of a decedent shall, for purposes of settlement, vest at the
time of his death in the executor appointed in the will or, in the
absence thereof, in his heir or administrator to whom the court has
granted letters of administration.
ARTICLE 134. Governing school of law. — (1) In every
petition for probate of will or for the settlement of the estate of a
decedent, all matters relating to the appointment of administrator,
powers and duties of administrator or executor, the court shall take
into consideration the school of law (madhhab) of the decedent.
(2) If the decedent's madhhab is not known, the
Shafi'i school of law may be given preference together with the special
rules of procedure adopted pursuant to this Code.
ARTICLE 135. Order of preference of claims. — The
estate of a decedent shall be applied to claims and charges in the
following order:cralaw:red
(a) unpaid taxes;chanroblesvirtualawlibrary
(b) reasonable funeral expenses;chanroblesvirtualawlibrary
(c) the expenses for probate, administration and
other judicial expenses;chanroblesvirtualawlibrary
(d) the debts of the decedent;chanroblesvirtualawlibrary
(e) the legacies to the extent of the disposable
one-third;chanroblesvirtualawlibrary
(f) the distribution of shares among heirs; and
(g) unpaid dower.
ARTICLE 136. Liability of heirs. — The liability of
the heirs of a decedent for the payment of the matter's debts shall not
exceed the hereditary estate. Each heir shall be liable only for the
payment of the decedent's debt in proportion to his share.
BOOK FOUR
Adjudication and Settlement of Disputes
and
Rendition of Legal Opinions
TITLE I
The Shari'a Courts
ARTICLE 137. Creation. — There are hereby created as
part of the judicial system, courts of limited jurisdiction, to be
known respectively as Shari'a District Courts and Shari'a Circuit
Courts, which shall exercise powers and functions in accordance with
this Title. chanroblesvirtualawlibrary
Shari'a courts and the personnel thereof shall be subject to the
administrative supervision of the Supreme Court.
CHAPTER I
Shari'a District Courts
ARTICLE 138. Shari'a judicial districts. — Five
special judicial districts, each to have one Shari'a District Court
presided over by one judge, are constituted as follows:cralaw:red
(a) The First Shari'a District shall comprise the
Province of Sulu;chanroblesvirtualawlibrary
(b) The Second Shari'a District, the Province of
Tawi-Tawi;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(d) The Fourth Shari'a District, the provinces of
Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi;
and chanroblesvirtualawlibrary
(e) The Fifth Shari'a District, the Provinces of
Maguindanao, North Cotabato and Sultan Kudarat, and the City of
Cotabato;chanroblesvirtualawlibrary
ARTICLE 139. Appointment of judges. — 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. Qualifications. — 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. Tenure. — 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. Compensation. — Shari'a District judges
shall receive the same compensation and enjoy the same privileges as
the judges of Courts of First Instance.
ARTICLE 143. Original jurisdiction. — (1) The
Shari'a District Court shall have exclusive original jurisdiction over:cralaw:red
(a) All cases involving custody, guardianship,
legitimacy, paternity and filiation arising under this Code;chanroblesvirtualawlibrary
(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; chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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 ind of its appellate jurisdiction.
(2) Concurrently with existing civil courts, the
Shari'a District Court shall have original jurisdiction over:cralaw:red
(a) Petitions by Muslims for the constitution of a
family home, change of name and commitment of an insane person to an
asylum;chanroblesvirtualawlibrary
(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. Appellate jurisdiction. — (1) Shari'a
District Courts shall have appellate jurisdiction over all cases tried
in the Shari'a Circuit Courts within their territorial
jurisdiction. chanroblesvirtualawlibrary
(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. Finality of decision. — 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. Clerks and other subordinate employees.
— 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. Permanent stations; offices. — (1) The
Shari'a District Courts shall have their respective permanent stations
in the following places:cralaw:red
(a) First Shari'a District, Jolo, Sulu;chanroblesvirtualawlibrary
(b) Second Shari'a District, Bongao, Tawi-Tawi;chanroblesvirtualawlibrary
(c) Third Shari'a District, Zamboanga City;chanroblesvirtualawlibrary
(d) Fourth Shari'a District, Marawi City;chanroblesvirtualawlibrary
(e) Fifth Shari'a District, Cotabato City; chanroblesvirtualawlibrary
(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. Special procedure. — The Shari'a
District Courts shall be governed by such special rules of procedure as
the Supreme Court may promulgate.
ARTICLE 149. Applicability of other laws. — 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.
CHAPTER II
Shari'a Circuit Courts
ARTICLE 150. Where established. — (1) Shari'a
Circuit Courts shall be established as follows:cralaw:red
(a) Six such courts in the Province of Sulu;chanroblesvirtualawlibrary
(b) Eight in the Province of Tawi-Tawi;chanroblesvirtualawlibrary
(c) Ten in and for the Provinces of Basilan,
Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog,
Pagadian, and Zamboanga;chanroblesvirtualawlibrary
(d) Twelve in and for the Provinces of Lanao del
Norte and Lanao del Sur and the Cities of Iligan and
Marawi; chanroblesvirtualawlibrary
(e) Fifteen in and for the Province of Maguindanao,
North Cotabato and Sultan Kudarat and the City of Cotabato.
(2) The territorial jurisdiction of each of the
'Shari'a Circuit Courts shall be fixed by the Supreme Court on the
basis of geographical contiguity of the municipalities and cities
concerned and their Muslim population.
ARTICLE 151. Appointment of judges. — Each Shari'a
Circuit Court shall be presided over by a Shari'a Circuit Judge to be
appointed by the President of the Philippines.
ARTICLE 152. Qualifications. — No person shall be
appointed judge of the Shari'a Circuit Court unless he is a
natural-born citizen of the Philippines, at least twenty-five years of
age, and has passed an examination in the Shari'a and Islamic
jurisprudence (fiqh) to be given by the Supreme Court for admission to
special membership in the Philippine Bar to practice in the Shari'a
Courts.
ARTICLE 153. Tenure. — Shari'a Circuit 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 Municipal Circuit Courts.
ARTICLE 154. Compensation. — Shari'a Circuit judges
shall receive the same compensation and enjoy the same privileges as
judges of Municipal Circuit Courts.
ARTICLE 155. Jurisdiction. — The Shari'a Circuit
Courts shall have exclusive original jurisdiction over;chanroblesvirtualawlibrary
(1) All cases involving offenses defined and
punished under this Code.
(2) All civil actions and proceedings between
parties who are Muslims or have been married in accordance with Article
13 involving disputes relating to:cralaw:red
(a) Marriage;chanroblesvirtualawlibrary
(b) Divorce recognized under this Code;chanroblesvirtualawlibrary
(c) Betrothal or breach of contract to marry;chanroblesvirtualawlibrary
(d) Customary dower (mahr);chanroblesvirtualawlibrary
(e) Disposition and distribution of property upon
divorce;chanroblesvirtualawlibrary
(f) Maintenance and support, and consolatory gifts,
(mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to
communal properties.
ARTICLE 156. Clerks and other subordinate employees.
— (1) Shari'a Circuit Courts shall have the same officers and other
personnel as those provided by law for Municipal Circuit Courts.
(2) The pertinent provisions of the Judiciary Law
regarding the number, qualifications, appointment, compensation,
functions, duties and other matters relative to the personnel of the
Municipal Circuit Courts shall apply to those of the Shari'a Circuit
Courts.
ARTICLE 157. Place of sessions; stations. — Shari'a
Circuit Court may hold session anywhere within their respective
circuits, but each shall have a principal station to be fixed by the
Supreme Court. chanroblesvirtualawlibrary
ARTICLE 158. Special procedure. — The Shari'a
Circuit Courts shall be governed by such special rules of procedure as
the Supreme Court may promulgate.
ARTICLE 159. Applicability of other laws. — The
provisions of all laws relative to Municipal Circuit Courts shall, to
the extent that they are not inconsistent with this Code, be applicable
to the Shari'a Circuit Courts.
TITLE II
The Agama Arbitration Council
ARTICLE 160. Constitution. — The Shari'a District
Court or the Shari'a Circuit Court may, in appropriate cases,
constitute an Agama Arbitration Council in the manner specified in this
Title.
ARTICLE 161. Divorce by talag and tafwid. — (1) Any
Muslim male who has pronounced a talag shall, without delay, file with
the Clerk of Court of the Shari'a Circuit Court of the place where his
family resides a written notice of such fact and the circumstances
attended thereto, after having served a copy thereof to the wife
concerned. The talag pronounced shall not become irrevocable until
after the expiration of the prescribed 'idda. The notice filed shall be
conclusive evidence that talag has been pronounced.
(2) Within seven days from receipt of notice, the
Clerk of Court shall require each of the parties to nominate a
representative. The representatives shall be appointed by the Court to
constitute, together with the Clerk of Court as Chairman, an Agama
Arbitration Council. The Agama Arbitration Council shall submit to the
Court a report on the result of the arbitration, on the basis of which
and such other evidence as may be allowed, the Court shall issue the
corresponding order.
(3) The provisions of this article shall be observed
should the wife exercise tafwid.
ARTICLE 162. Subsequent marriages. — Any Muslim
husband desiring to contract a subsequent marriage shall, before so
doing, file a written notice thereof with the Clerk of Court of the
Shari'a Circuit Court of the place where his family resides. Upon
receipt of said notice, the Clerk shall serve a copy thereof to the
wife or wives. Should any of them object, an Agama Arbitration Council
shall be constituted in accordance with the provisions of paragraph (2)
of the preceding article. If the Agama Arbitration Council fails to
obtain the wife's consent to the proposed marriage, the Court shall,
subject to Article 27, decide whether or not to sustain her objection.
ARTICLE 163. Offenses against customary law. — The
Shari'a Circuit Court, in cases involving offenses against customary
law which can be settled without formal trial, may, at its discretion,
direct the Shari'a Clerk of Court to constitute a council of not less
than two nor more than four members, with him as chairman, to settle
the case amicably.
TITLE III
Jurisconsult in Islamic Law
ARTICLE 164. Creation of office and appointment. —
(1) There shall be a Jurisconsult in Islamic law, who shall be
appointed by the President of the Philippines and hold office for a
term of seven years, without prejudice to re-appointment, unless sooner
removed for cause or incapacitated to discharge the duties of his
office.
(2) The Office of the Jurisconsult shall be under
the administrative supervision of the Supreme Court of the Philippines
which shall also fix its permanent station, preferably in the City of
Zamboanga. chanroblesvirtualawlibrary
ARTICLE 165. Qualifications. — No person shall be
appointed Jurisconsult in Islamic Law unless he is a citizen of the
Philippines, at least forty years of age, of good moral character and
proven integrity, and an eminent scholar in the Qur'an and Hadith and
in Islamic jurisprudence as well as proficient in Arabic.
ARTICLE 166. Functions. — (1) The Jurisconsult
shall, on the written request of any interested party, have the
authority to render legal opinions, based on recognized authorities,
regarding any question relating to Muslim Law. For this purpose, he
may, if he deems it necessary, consult or ask for a consensus of the
'ulama.
(2) The Jurisconsult shall consider and act on every
such request unless, in his opinion and for good reason, the question
need not be answered.
(3) The Office of the Jurisconsult shall keep a
compilation and cause the publication of all his legal opinions.
ARTICLE 167. Compensation. — Until otherwise
provided by law, the Jurisconsult shall receive an annual compensation
of forty-eight thousand pesos which shall not be diminished during his
term of office.
ARTICLE 168. Office personnel. — The Jurisconsult
may, in accordance with the Civil Service Law and subject to the
approval of the Supreme Court, appoint and fix the compensation of such
personnel as may be necessary for the performance of his functions.
BOOK FIVE
Miscellaneous and Transitory Provisions
TITLE I
Muslim Holidays
ARTICLE 169. Official Muslim holidays. — The
following are hereby recognized as legal Muslim holidays: chanroblesvirtualawlibrary
(a) 'Amun Jadid (New Year), which falls on the first
day of the first lunar month of Muharram;chanroblesvirtualawlibrary
(b) Maulid-un-Nabi (Birthday of the Prophet
Muhammad), which falls on the twelfth day of the third lunar month of
Rabi-ul-Awwal;chanroblesvirtualawlibrary
(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and
Ascension of the Prophet Muhammad), which falls on the twenty-seventh
day of the seventh lunar month of Rajab;chanroblesvirtualawlibrary
(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on
the first day of the tenth lunar month of Shawwal, commemorating the
end of the fasting season; and
(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the
tenth day of the twelfth lunar month of Dhu 1-Hijja.
ARTICLE 170. Provinces and cities where officially
observed. — (1) Muslim holidays shall be officially observed in the
Provinces of Basilan, Lanao del Norte, Lanao del Sur, Maguindanao,
North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte
and Zamboanga del Sur, and in the Cities of Cotabato, Iligan, Marawi,
Pagadian, and Zamboanga and in such other Muslim provinces and cities
as may hereafter be created.
(2) Upon proclamation by the President of the
Philippines, Muslim holidays may also be officially observed in other
provinces and cities.
ARTICLE 171. Dates of observance. — The dates of
Muslim holidays shall be determined by the Office of the President of
the Philippines in accordance with the Muslim Lunar Calendar (Hijra).
ARTICLE 172. Observance of Muslim employees. — (1)
All Muslim government officials and employees in places other than
those enumerated under Article 170 shall also be excused from reporting
to office in order that they may be able to observe Muslim holidays.
(2) The President of the Philippines may, by
proclamation, require private offices, agencies or establishments to
excuse their Muslim employees from reporting for work during a Muslim
holiday without reduction in their usual compensation.
TITLE II
Communal Property
ARTICLE 173. What constitute. — The following are
communal properties:cralaw:red
(a) Customary heirloom, which shall include
artifacts and ancestral implements or things of cultural value handed
down from a common ancestor;chanroblesvirtualawlibrary
(b) Ancestral property, which shall comprehend
hallowed ancestral plot, ancestral shrine, royal court, and similar
properties; and
(c) charitable trust property.
ARTICLE 174. Administration or disposition. — (1)
Except as otherwise provided in this Code, communal property shall be
administered or disposed of in accordance with Muslim law, 'ada, and
special provisions of law.
(2) Any provision of existing law to the contrary
notwithstanding, the trustee of any communal property shall be the
person who is in lawful possession thereof, either personally or
through an agent. chanroblesvirtualawlibrary
(3) The Shari'a Circuit Court may appoint a trustee
of a communal property when there is a dispute as to its custody,
possession, or administration.
TITLE III
Customary Contracts
ARTICLE 175. How construed. — Any transaction
whereby one person delivers to another any real estate, plantation,
orchard or any fruit-bearing property by virtue of sanda, sanla,
arindao, or similar customary contract, shall be construed as a
mortgage (rihan) in accordance with Muslim law.
TITLE IV
Conversions
ARTICLE 176. Effect of registration of conversion to
Islam. — (1) Registration of a person's conversion to Islam shall
constitute a prima facie proof that he professes Islam.
(2) Whoever disputes the profession or renunciation
of Islam by any person shall have the burden of proving the contrary.
ARTICLE 177. Regulation on conversion. — No
conversion of a minor below the age of eighteen years shall be
registered by the District or Circuit Registrar without the written
consent or permission of the parents or guardian, except when such
minor has been emancipated from parental authority in accordance with
law.
ARTICLE 178. Effect of conversion to Islam on
marriage. — The conversion of non-Muslim spouses to Islam shall have
the legal effect of ratifying their marriage as if the same had been
performed in accordance with the provisions of this Code or Muslim law,
provided that there is no legal impediment to the marriage under Muslim
law.
ARTICLE 179. Effect of change of religion. — The
change of religion by a Muslim shall not have the effect of
extinguishing any obligation or liability whatsoever incurred prior to
said change.
TITLE V
Penal Provisions
CHAPTER I
Rule of Bigamy
ARTICLE 180. Law applicable. — The provisions of the
Revised Penal Code relative to the crime of bigamy shall not apply to a
person married in accordance with the provisions of this Code or,
before its effectivity, under Muslim law.
CHAPTER II
Specific Offenses
ARTICLE 181. Illegal solemnization of marriage. —
Any person who shall, without authority, solemnize any marriage
purportedly under this Code, or shall do so in a manner contrary to the
provisions thereof, shall be punished by imprisonment of not less than
two months but not more than two years, or a fine of not less than two
hundred pesos but not more than two thousand pesos, or both, in the
discretion of the court.
ARTICLE 182. Marriage before expiration of 'idda. —
Any widow or divorced woman who, having been married under Muslim law
or under this code, contracts another marriage before the expiration of
the prescribed 'idda shall suffer the penalty of a fine not exceeding
five hundred pesos.
ARTICLE 183. Offenses relative to subsequent
marriage, divorce, and revocation of divorce. — A person who fails to
comply with the requirements of Articles 85, 161, and 162 of this Code
shall be penalized by arresto mayor or a fine of not less than two
hundred pesos but not more than two thousand pesos, or both, in the
discretion of the court.
ARTICLE 184. Failure to report for registration. —
Except as provided in the article immediately preceding, a person who
knowingly fails to perform his duty under this Code to report for
registration any fact concerning the civil status of persons shall be
punished by a fine of not less than one hundred pesos but not more than
one thousand pesos.
ARTICLE 185. Neglect of duty by registrars. — Any
district registrar or circuit registrar who fails to perform properly
his duties in accordance with this Code shall be penalized in
accordance with Section 18 of Act 3753.
TITLE VI
Transitory and Final Provisions
ARTICLE 186. Effect of code on past acts. — (1) Acts
executed prior to the effectivity of this Code shall be governed by the
laws in force at the time of their execution, and nothing herein except
as otherwise specifically provided, shall affect their validity or
legality or operate to extinguish any right acquired or liability
incurred thereby.
(2) A marriage contracted by a Muslim male prior to the effectivity of
this Code in accordance with non-Muslim law shall be considered as one
contracted under Muslim law provided the spouses register their mutual
desire to this effect.
ARTICLE 187. Applicability Clause. — The Civil Code
of the Philippines, the Rules of Court and other existing laws, insofar
as they are not inconsistent with the provisions of this Code, shall be
applied suppletorily.
ARTICLE 188. Separability clause. — If, for any
reason, any article or provision of this Code is held to be invalid,
the same shall not affect the other articles or provisions hereof.
ARTICLE 189. Repealing clause. — All laws,
proclamations, executive orders, rules and regulations, or any part
thereof, inconsistent with provisions of this Code are hereby
correspondingly modified or repealed.
ARTICLE 190. Effectivity. — This Code shall take
effect immediately.
DONE in the City of Manila this
4th day of February in the year of Our Lord nineteen hundred and
seventy-seven.
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