Supreme Court Chief Justice Alexander G. Gesmundo urged passers in the Shai'ah Bar Examinations to also take the Philippine Bar Examinations to become full-fledged lawyers.
Likewise, Gesmundo suggested to members of the Integrated Bar of the Philippines to take Shari'ah Bar Exams for their enhanced participation in the country’s Shari’ah courts.
Those who passed the Shari’ah Bar Exams were sworn in as counselors-at-law. A total of 183 passers in the 2024 Shari’ah Bar Exams are slated to take their oaths on 14 August at the Manila Hotel.
The SC in 1993 ruled that those who passed the Shari’ah Bar Exams are considered only as special members of the Philippine Bar and not full-fledged members even if they are holders of Bachelor of Laws degree.
Because of this, they can practice their profession only before the Shari’ah courts.
The Shari’ah courts were set up by the SC under Presidential Decree No. 1083, the Code of Muslim Personal Laws. PD 1083 “ordains and promulgates a code recognizing the system of Filipino Muslim laws, codifying Muslim personal laws. and providing for its administration and for other purposes.”
There are five Shari'ah district courts and 51 Shari’ah circuit courts in Mindanao provinces and pending legislation to set up Shari'ah courts in Luzon and the Visayas where Muslims also reside.
Shari-ah district courts, equivalent to regional trial courts (RTCs), have exclusive jurisdiction over family rights and duties as well as contractual relations of Filipino Muslims.
These cases, among other issues, involve custody, guardianship, legitimacy, paternity, and filiation arising under PD 1083; disposition, distribution, and settlement of the estate of a deceased Muslim; 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.
Shari’ah circuit courts are equivalent to municipal circuit trial courts and have jurisdiction, among other cases, on those involving offenses defined and penalized under PD 1083; and civil actions between parties who are Muslims and married under the provision of PD 1083 like betrothal of breach of contract to marry, divorce, customary dowry, disposition and distribution of property upon divorce, maintenance of support, restitution of martial rights, and disputes relative to communal properties.
Gesmundo’s suggestion to members of the Integrated Bar of the Philippines (IBP) and Shari’ah Bar passers was aired during the second Shari’ah summit held in Tagaytay City from 1 to 3 August, wherein the first summit was held in Cagayan de Oro City in 2023.
Also present during the summit were SC Associate Justices Henri Jean Paul B. Inting and Jhosep Y. Lopez. Also in attendance were Philippine Judicial Academy Chancellor and former SC justice Rosmari D. Carandang, Court of Appeals Justice Anisah B. Amanodin-Umpa, Court Administrator Raul B. Villanueva, and SC Spokesperson Atty. Camille Sue Mae L. Ting.