A
collection of Philippine laws, statutes and codes
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included or cited in the main
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theChan Robles Virtual Law Library
This page features the full text of
Presidential Decree No. 1083
"Code
of Muslim Personal Laws of the Philippines"
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.
.chan
robles
virtual law library
PRESIDENTIAL
DECREE NO. 1083A
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..chan
robles
virtual law library
.chan
robles
virtual law libraryWHEREAS,
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;.chanrobles virtual law library
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;.chanrobles virtual law library
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;.chanrobles virtual law library
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;
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:chanroblesvirtuallawlibrary
.chanrobles virtual law library
BOOK
ONE
General
Provisions
.chanrobles virtual law library
TITLE
I
Title
and Purposes of Code.chanrobles virtual law library
Article
1. Title. — This decree
shall be known as the "Code of Muslim Personal Laws of the
Philippines."
Art.
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:chanroblesvirtuallawlibrary
(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;
(b)Codifies
Muslim personal laws; and .chanrobles virtual law library
(c)Provides
for an effective administration and enforcement of Muslim personal laws
among Muslims. chanrobles virtual law library
TITLE
II
Construction
of Code and Definition of Terms
chanrobles virtual law library
Art.
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.
Art.
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.
(2) Standard
treatises and works on Muslim law and jurisprudence shall be given
persuasive
weight in the interpretation of Muslim law.
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
7. Definition of terms.
— Unless the context otherwise provides:
(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..chanrobles virtual law library
(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.
.chanrobles virtual law library
BOOK
TWO
Persons
and Family Relations.chanrobles virtual law libraryTITLE
I
Civil
Personality (Shakhsiyah Madaniya) .chanrobles virtual law library
Art.
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.
Art.
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..chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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..chanrobles virtual law library
.chanrobles virtual law library
TITLE
II
Marriage
and Divorce.chanrobles virtual law libraryCHAPTER
I
Applicability
Clause.chanrobles virtual law library
Art.
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. .chanrobles virtual law library
(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.
CHAPTER
II
Marriage
(Nikah)
Section
1. Requisites of Marriage.
—
Art.
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.
Art.
15. Essential requisites. — No
marriage contract shall be perfected unless the following essential
requisites
are compiled with:
(a) Legal
capacity of the contracting parties;
(b) Mutual
consent of the parties freely given;
(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.
Art.
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..chanrobles virtual law library
Art.
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.
Art.
18. Authority to solemnize marriage.
— Marriage may be solemnized: .chanrobles virtual law library
(a) By
the proper wali of the woman to be wedded;
(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.
Art.
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.
Art.
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.
Art.
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.
Art.
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. —
Art.
23. Bases of prohibition. — No
marriage may be contracted by parties within the prohibited degrees:chanroblesvirtuallawlibrary
(a) Of
consanguinity;
(b) Of
affinity; and
(c) Of
fosterage.
Art.
24. Prohibition by consanguinity
(tahrimjbin-nasab). — No marriage shall be contracted between:chanroblesvirtuallawlibrary
(a) Ascendants
and descendants of any degree;
(b) Brothers
and sisters, whether germane, consanguine or uterine; and
(c) Brothers
or sisters and their descendants within the third civil degree.
Art.
25. Prohibition by affinity
(tahrim-bill-musahara).
— (1) No marriage shall be contracted between:
(a) Any
of the spouses and their respective affinal relatives in the ascending
line and in the collateral line within the third degree;
(b) Stepfather
and stepdaughter when the marriage between the former and the mother of
the latter has been consummated;
(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.
Art.
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. —.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
—.chanrobles virtual law library
Art.
31. Batil marriages. — The following
marriages shall be void (batil) from the beginning:chanroblesvirtuallawlibrary
(a) Those
contracted contrary to Articles 23, 24, 25 and 26;
(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.
Art.
32. Fasid marriages. — The following
marriages shall be irregular (fasid) from their performance:
(a) Those
contracted with a female observing 'idda;
(b) Those
contracted contrary to Article 30;
(c) Those
wherein the consent of either party is vitiated by violence,
intimidation,
fraud, deceit or misrepresentation;
(d) Those
contracted by a party in a condition of death-illness (marad-ul-mault)
without the same being consummated;
(e) Those
contracted by a party in a state of ihram; and
(f) Mixed
marriages not allowed under Islamic law.
Art.
33. Validation of irregular marriages.
— (1) Irregular marriages may be made regular by a new marriage
contract
in the following cases:
(a) Those
referred to in Article 32(a), after the impediment has been removed;
(b) Those
referred to in Article 32(b), upon compliance with the requirement of
Article
30;
(c) Those
referred to in Article 32(c), after the causes vitiating consent have
ceased;
(d) Those
referred to in Article 32(d), in case the party recovers;
(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. —
Art.
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. .chanrobles virtual law library
(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.
Art.
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:chanroblesvirtuallawlibrary
(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.
Art.
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. .chanrobles virtual law library
(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. —
Art.
37. How governed. — The property
relations between husband and wife shall be governed in the following
order:
(a) By
contract before or at the time of the celebration of marriage;
(b) By
the provisions of this Code; and
(c) By
custom.
Art.
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.
Art.
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.
Art.
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.
Art.
41. Exclusive property of each
spouse. — The following shall be the exclusive property of either
spouse:chanroblesvirtuallawlibrary
(a) Properties
brought to the marriage by the husband or the wife;
(b) All
income derived by either spouse from any employment, occupation or
trade;
(c) Any
money or property acquired by either spouse during marriage by
lucrative
title;
(d) The
dower (mahr) of the wife and nuptial gifts to each spouse;
(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.
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
44. Right to sue and be sued.
— The wife may, independently of the husband, sue or be sued in the
following
cases:
(a) When
the litigation is between husband and wife;
(b) If
the suit concerns her exclusive property;
(c) If
the litigation is incidental to her profession, occupation or
business;
(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.
.chanrobles virtual law library
CHAPTER
III
Divorce
(Talaq).chanrobles virtual law library
Section
1. Nature and Form. —
.chanrobles virtual law library
Art.
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:
(a) Repudiation
of the wife by the husband (talaq);
(b) Vow
of continence by the husband (ila);
(c) Injurious
assanilation of the wife by the husband (zihar);
(d) Acts
of imprecation (li'an);
(e) Redemption
by the wife (khul');
(f) Exercise
by the wife of the delegated right to repudiate (tafwld); or
(g) Judicial
decree (faskh).
Art.
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).
Art.
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.
Art.
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.
Art.
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).
Art.
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.
Art.
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.
Art.
52. Divorce by faskh. — The court
may, upon petition of the wife, decree a divorce by faskh on any of the
following grounds :
(a) Neglect
or failure of the husband to provide support for the family for at
least
six consecutive months;
(b) Conviction
of the husband by final judgment sentencing him to imprisonment for at
least one year; .chanrobles virtual law library
(c) Failure
of the husband to perform for six months without reasonable cause his
marital
obligation in accordance with this code;
(d) Impotency
of the husband;
(e) Insanity
or affliction of the husband with an incurable disease which would make
the continuance of the marriage relationship injurious to the
family;
(f)Unusual
cruelty of the husband as defined under the next succeeding article; or
(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..chanrobles virtual law library
Art.
53. Faskh on the ground of unusual
cruelty. — A decree offaskh on the
ground of unusual cruelty may be granted by the court upon petition of
the wife if the husband:
(a) Habitually
assaults her or makes her life miserable by cruel conduct even if this
does not result in physical injury;
(b) Associates
with persons of ill-repute or leads an infamous life or attempts to
force
the wife to live an immoral life;
(c) Compels
her to dispose of her exclusive property or prevents her from
exercising
her legal rights over it;
(d) Obstructs
her in the observance of her religious practices; or
(e) Does
not treat her justly and equitably as enjoined by Islamic law.
Art.
54. Effects of irrevocable talaq
or faskh. — A talaq or faskh, as soon as it becomes irrevocable, shall
have the following effects:
(a) The
marriage bond shall be severed and the spouses may contract another
marriage
in accordance with this Code;
(b) The
spouses shall lose their mutual rights of inheritance;
(c) The
custody of children shall be determined in accordance with Article 78
of
this code;
(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; .chanrobles virtual law library
(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.
Art.
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.
Section
2. 'Idda. —
Art.
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.
Art.
57. Period. — (1) Every wife
shall be obliged to observe 'idda as follows:chanroblesvirtuallawlibrary
(a) In
case of dissolution of marriage by death, four months and ten days
counted
from the death of her husband;
(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).
.chanrobles virtual law library
TITLE
III
Paternity
and Filiation .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
62. Rights of legitimate child.
— A legitimate child shall have the right:chanroblesvirtuallawlibrary
(a) To
bear the surnames of the father and of the mother;
(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.
Art.
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:chanroblesvirtuallawlibrary
(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.
Art.
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)..chanrobles virtual law library
.chanrobles virtual law library
TITLE
IV
Support
(Nafaqa) .chanrobles virtual law library
Art.
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.
Art.
66. Amount. — The amount of support
shall be in proportion to the resources of the giver and to the needs
of
the recipient.
Art.
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.
(2) Any
divorced nursing mother who continues to breastfeed her child for two
years
shall be entitled to support until the time of weaning.
Art.
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.
Art.
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.
Art.
70.Extinguishment of support. — The
obligation to support shall cease:chanroblesvirtuallawlibrary
(a) Upon
the death of the recipient;
(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.
.chanrobles virtual law library
TITLE
V
Parental
Authority .chanrobles virtual law libraryCHAPTER
I
Nature
and Effects.chanrobles virtual law library
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
74. Effects upon person of children.
— The parents have, with respect to their unemancipated children:
(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. .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
.chanrobles virtual law library
CHAPTER
II
Custody
and Guardianship .chanrobles virtual law library
Art.
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.
(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.
Art.
79. Guardian for marriage (wali).
— The following persons shall have authority to act as guardian for
marriage
(wali) in the order of precedence: .chanrobles virtual law library
(a) Father
(b) Paternal
grandfather;
(c) Brother
and other paternal relatives;
(d) Paternal
grandfather's executor or nominee; or .chanrobles virtual law library
(e) The
court. .chanrobles virtual law library
Art.
80. Guardian of minor's property.
— The following persons shall exercise guardianship over the property
of
minors in the order of precedence:
(a) Father;
(b) Father's
executor or nominee;
(c) Paternal
grandfather;
(d) Paternal
grandfather's nominee; or
(e) The
court.
.chanrobles virtual law library
TITLE
VI
Civil
Registry .chanrobles virtual law libraryCHAPTER
I
Registry
of Marriage, .chanrobles virtual law libraryDIVORCE
AND CONVERSIONS .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
83. Duties of Circuit Registrar.
— Every Circuit Registrar shall:
(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;
(b) Compile
said certificates monthly, prepare and send any information required of
him by the District Registrar;
(c) Register
conversions involving Islam;
(d) Issue
certified transcripts or copies of any certificate or document
registered
upon payment of the required fees;
(e) Send
to the District Registrar during the first ten days of each month a
copy
of the entries made during the previous month;
(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.
Art.
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.
Art.
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.
Art.
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..chanrobles virtual law library
Art.
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.
.chanrobles virtual law library
CHAPTER
II
Other
Acts Affecting Civil Status.chanrobles virtual law library
Art.
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.
.chanrobles virtual law library BOOK
THREE
Succession .chanrobles virtual law libraryTITLE
I
General
Provisions.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
91. Requisites of succession.
— No settlement of the estate of a deceased person shall be effected
unless:
(a) The
death of the decedent is ascertained;
(b) The
successor is alive at the time of the death of the decedent; and
(c) The
successor is not disqualified to inherit.
Art.
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. .chanrobles virtual law library
Art.
93. Disqualifications to succession.
— The following shall be disqualified to succeed:
(a) Those
who have intentionally caused directly or indirectly the death of the
decedent;
(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. .chanrobles virtual law library
Art.
94. Succession from acknowledging
person. — Without prejudice to the order of succession of heirs, mutual
rights of inheritance shall obtain:
(a) Between
the acknowledging father and the acknowledged child; and
(b) Between
the
kinsman acknowledged through another person and the acknowledger.
Art.
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.
Art.
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.
Art.
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.
Art.
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:
(a) Until
he reappears and claims it;
(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.
Art.
99. Order of succession. — The
heirs of a decedent shall inherit in the following order: .chanrobles virtual law library
(a) Sharers
(ashab-ul-furud) shall be entitled to fixed shares;
(b) Residuaries
(ashab-ul-mirath) shall be entitled to the residue; .chanrobles virtual law library
(c) In
the absence of the foregoing, the distant kindred (dhaw-ul-arham) who
are
blood relatives but are neither sharers nor residuaries; and
(d) In
default of the above, the acknowledged kinsman, universal legatee, or
the
public treasury (bait-ul-mal), in that order.
Art.
100. Modes of Succession. — Succession
my be:
(a) By
will (wasiya);
(b) By
operation of this Code; or
(c) By
combination of both.
.chanrobles virtual law library
TITLE
II
Testamentary
Succession .chanrobles virtual law libraryCHAPTER
I
Wills.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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..chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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.
.chanrobles virtual law library
TITLE
III
Legal
Succession.chanrobles virtual law libraryCHAPTER
I
Shares .chanrobles virtual law library
Art.
110. Who are sharers. — The following
persons shall be entitled to the inheritance as sharers to the extent
set
forth in the succeeding articles:
(a) The
husband, the wife;
(b) The
father, the mother, the grandfather, the grandmother;
(c) The
daughter and the son's daughter in the direct line;
(d) The
full sister, the consanguine sister, the uterine sister and the uterine
brother.
Art.
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.
Art.
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.
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
123. Exclusion among heirs. —
The exclusion of heirs from the inheritance shall be governed by the
following
rules:
(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.
.chanrobles virtual law library
CHAPTER
II
Residuary
Heirs .chanrobles virtual law library
Art.
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).
Art.
125. Residuaries in their own
right. — The following persons are residuaries in their own right:chanroblesvirtuallawlibrary
(a) Male
descendants of the decedent in the direct line, however, distant in
degree;
(b) Male
ascendants of the decedent in the direct line, however distant in
degree; .chanrobles virtual law library
(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.
Art.
126. Residuaries in another's
right. — The following persons shall succeed as residuaries in
another's
right:
(a) Daughters
surviving with the son of the decedent;
(b) Son's
daughters surviving with their own brothers;
(c) Full
sisters surviving with their full brothers; and
(d) Consanguine
sisters surviving with their consanguine brothers.
Art.
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. .chanrobles virtual law library
Art.
128. Preference among residuaries.
— Preference among residuaries shall be governed by the following
rules:
(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.
Art.
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.
Art.
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.
.chanrobles virtual law library
CHAPTER
III
Distant
Kindred (Dhaw-ul-arham) .chanrobles virtual law library
Art.
131. Relatives included. — Distant
kindred includes the following:
(a) The
daughter's children and the children of the son's daughter and their
descendants;.chanrobles virtual law library
(b) The
excluded grandfather and the excluded grandmother;
(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.
Art.
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.
.chanrobles virtual law library
TITLE
IV
Settlement
and Partition of Estate.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
135. Order of preference of claims.
— The estate of a decedent shall be applied to claims and charges in
the
following order:
(a) unpaid
taxes; .chanrobles virtual law library
(b) reasonable
funeral expenses; .chanrobles virtual law library
(c) the
expenses for probate, administration and other judicial expenses; .chanrobles virtual law library
(d) the
debts of the decedent; .chanrobles virtual law library
(e) the
legacies to the extent of the disposable one-third;
(f) the
distribution of shares among heirs; and
(g) unpaid
dower.
Art.
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.
.chanrobles virtual law library
BOOK
FOUR
Adjudication
and Settlement of Disputes and Rendition of Legal Opinions.chanrobles virtual law library
TITLE
I
The
Shari'a Courts.chanrobles virtual law library
Art.
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.
Shari'a
courts and the personnel thereof shall be subject to the administrative
supervision of the Supreme Court.
.chanrobles virtual law library
CHAPTER
I
Shari'a
District Courts.chanrobles virtual law library
Art.
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:chanroblesvirtuallawlibrary
(a) The
First Shari'a District shall comprise the Province of Sulu; .chanrobles virtual law library
(b) The
Second Shari'a District, the Province of Tawi-Tawi;
(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;
(d) The
Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del
Sur, and the Cities of Iligan and Marawi; and
(e) The
Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato
and
Sultan Kudarat, and the City of Cotabato;
Art.
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. .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
142. Compensation. — Shari'a
District judges shall receive the same compensation and enjoy the same
privileges as the judges of Courts of First Instance.
Art.
143. Original jurisdiction. —
(1) The Shari'a District Court shall have exclusive original
jurisdiction
over:chanroblesvirtuallawlibrary
(a) All
cases involving custody, guardianship, legitimacy, paternity and
filiation
arising under this Code;
(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;
(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;
(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 in aid of its appellate
jurisdiction. .chanrobles virtual law library
(2) Concurrently
with existing civil courts, the Shari'a District Court shall have
original
jurisdiction over:
(a) Petitions
by Muslims for the constitution of a family home, change of name and
commitment
of an insane person to an asylum;
(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.
Art.
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..chanrobles virtual law library
(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.
Art.
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.
Art.
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.
Art.
147. Permanent stations; offices.
— (1) The Shari'a District Courts shall have their respective permanent
stations in the following places:chanroblesvirtuallawlibrary.chanrobles virtual law library
(a) First
Shari'a District, Jolo, Sulu; .chanrobles virtual law library
(b) Second
Shari'a District, Bongao, Tawi-Tawi; .chanrobles virtual law library
(c) Third
Shari'a District, Zamboanga City; .chanrobles virtual law library
(d) Fourth
Shari'a District, Marawi City; .chanrobles virtual law library
(e) Fifth
Shari'a District, Cotabato City;.chanrobles virtual law library
(2) The
Shari'a District Courts may hold sessions anywhere within their
respective
districts..chanrobles virtual law library
(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. .chanrobles virtual law library
Art.
148. Special procedure. — The
Shari'a District Courts shall be governed by such special rules of
procedure
as the Supreme Court may promulgate.
Art.
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.
.chanrobles virtual law library
CHAPTER
II
Shari'a
Circuit Courts .chanrobles virtual law library
Art.
150. Where established. — (1)
Shari'a Circuit Courts shall be established as follows:chanroblesvirtuallawlibrary
(a) Six
such courts in the Province of Sulu;
(b) Eight
in the Province of Tawi-Tawi;
(c) Ten
in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga
del Sur, and the Cities of Dipolog, Pagadian, and Zamboanga; .chanrobles virtual law library
(d) Twelve
in and for the Provinces of Lanao del Norte and Lanao del Sur and the
Cities
of Iligan and Marawi;
(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.
Art.
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..chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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;
(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: .chanrobles virtual law library
(a) Marriage;
(b) Divorce
recognized under this Code; .chanrobles virtual law library
(c) Betrothal
or breach of contract to marry; .chanrobles virtual law library
(d) Customary
dower (mahr);
(e) Disposition
and distribution of property upon divorce;
(f) Maintenance
and support, and consolatory gifts, (mut'a); and
(g) Restitution
of marital rights.
(3) All
cases involving disputes relative to communal properties.
Art.
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..chanrobles virtual law library
(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.
Art.
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.
Art.
158. Special procedure. — The
Shari'a Circuit Courts shall be governed by such special rules of
procedure
as the Supreme Court may promulgate..chanrobles virtual law library
Art.
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.
.chanrobles virtual law library
TITLE
II
The
Agama Arbitration Council.chanrobles virtual law library
Art.
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.
Art.
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..chanrobles virtual law library
(3) The
provisions of this article shall be observed should the wife exercise
tafwid.
Art.
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.
Art.
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..chanrobles virtual law library
.chanrobles virtual law library
TITLE
III
Jurisconsult
in Islamic Law.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
Art.
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.
.chanrobles virtual law library
BOOK
FIVE
Miscellaneous
and Transitory Provisions.chanrobles virtual law libraryTITLE
I
Muslim
Holidays.chanrobles virtual law library
Art.
169. Official Muslim holidays.
— The following are hereby recognized as legal Muslim holidays:chanroblesvirtuallawlibrary
(a) 'Amun
Jadid (New Year), which falls on the first day of the first lunar month
of Muharram; .chanrobles virtual law library
(b) Maulid-un-Nabi
(Birthday of the Prophet Muhammad), which falls on the twelfth day of
the
third lunar month of Rabi-ul-Awwal;
(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;
(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.
Art.
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.
Art.
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).
Art.
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.
.chanrobles virtual law library
TITLE
II
Communal
Property.chanrobles virtual law library
Art.
173. What constitute. — The following
are communal properties:
(a) Customary
heirloom, which shall include artifacts and ancestral implements or
things
of cultural value handed down from a common ancestor;
(b) Ancestral
property, which shall comprehend hallowed ancestral plot, ancestral
shrine,
royal court, and similar properties; and
(c) charitable
trust property.
Art.
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..chanrobles virtual law library
(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.
.chanrobles virtual law library
TITLE
III
Customary
Contracts .chanrobles virtual law library
Art.
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.
.chanrobles virtual law library TITLE
IV
Conversions .chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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.
.chanrobles virtual law library
TITLE
V
Penal
Provisions.chanrobles virtual law libraryCHAPTER
I
Rule
of Bigamy.chanrobles virtual law library
Art.
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.
.chanrobles virtual law library CHAPTER
II
Specific
Offenses.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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.
Art.
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. .chanrobles virtual law library
Art.
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 No. 3753.
.chanrobles virtual law library
TITLE
VI
Transitory
and Final Provisions.chanrobles virtual law library
Art.
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.
Art.
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.
Art.
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..chanrobles virtual law library
Art.
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..chanrobles virtual law library
Art.
190. Effectivity. — This Code
shall take effect immediately. .chanrobles virtual law library
DONE
in the City of Manila this 4th day of February in the year of Our Lord
nineteen hundred and seventy-seven..chanrobles virtual law library
.chanrobles virtual law library
..chan
robles
virtual law library
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