The Supreme Court (SC) has initiated the formal process of establishing a Shari’ah High Court within the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
This new judicial body is designed to adjudicate appeals from Shari’ah district courts, marking a significant expansion of the Islamic judicial system in the Philippines as mandated by Article X of Republic Act No. 11054, or the Bangsamoro Organic Law.
The court will be composed of five members: a presiding justice and four associate justices. These magistrates will hold the same rank, salary, and privileges as their counterparts in the Court of Appeals (CA).
Currently, the Shari’ah system consists of eight district courts and 63 circuit courts, located both within and outside the BARMM provinces of Basilan, Lanao del Sur, Maguindanao del Norte, Maguindanao del Sur, and Tawi-Tawi.
In a resolution penned by Associate Justice Japar B. Dimaampao, the SC clarified several key operational aspects:
- Jurisdiction: The Shari’ah High Court will hold exclusive original jurisdiction over cases involving Muslims. Non-Muslims may also be subject to its rulings provided they voluntarily submit to the court’s authority.
- Finality of Rulings: Decisions made by the Shari’ah High Court are final and executory, though cases involving specific questions of law may still be elevated to the Supreme Court.
- Qualifications: Appointees must be natural-born Muslim citizens, members of the Philippine Bar, at least 40 years old, and possess 15 years of legal experience including two years of Shari’ah or Islamic Jurisprudence studies.
Regarding the critical issue of funding, the SC noted that while the Bangsamoro government failed to allocate funds for the court in its budget from 2021 to 2024, the Shari’ah High Court remains an “integral part of the Philippine judicial system.”
Consequently, the SC determined that funding should be included in the Judiciary’s annual expenditure program.
The High Tribunal has directed the Fiscal Management and Budget Office to finalize the necessary budget and staffing patterns.
Additionally, the Office of the Court Administrator has been given a 30-day deadline to report on the implementation progress of this resolution.