THE SHARI'A
DISTRICT
COURTS
Equivalent to
the Regional Trial Courts in rank are the Shari'a
District Courts which were established in certain specified
provinces
in Mindanao where the Code
of Muslim Personal Laws of the Philippines is being enforced.
There are
five
Shari'a
District Courts and fifty one Shari'a
Circuit Courts in existence.
A Shari'a
District Court is of limited jurisdiction. It was
created
under Presidential
Decree No. 1083. Cases falling within the exclusive jurisdiction of
the Shari'a
District Courts primarily pertain to family rights and duties as
well
as contractual relations of Filipino Muslims in the Mindanao.
It has
concurrent
original jurisdiction over the following:chanroblesvirtuallawlibrary
1.
Petitions
by Muslims for the constitution of the family home, change of name and
commitment of insane person to any asylum;
2.
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 Courts; and
3.
All special
civil actions for interpleader or declaratory relief where the parties
are Muslims or the property involved belongs exclusively to a
Muslim.
The Shari'a
District Court has appellate jurisdiction over all cases tried in
the
Shari'a Circuit Courts within their territorial jurisdiction.
It shall
decide
every case on the basis of the evidence and the records transmitted as
well as such memoranda, briefs or oral arguments as the parties may
submit.
The
decisions
of the Shari'a
District Courts, whether on appeal from the Shari'a
Circuit Courts or not, shall be final. The Supreme Court shall,
however,
continue to exercise original and appellate jurisdiction over certain
issues
as provided by the Constitution.
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