Islamic Law Special Procedure in the Philippines

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What is the statutory basis for the special rules of procedure in the Shari'ah Courts?

The Constitution of the Philippines and Articles 148 and 158 of Presidential Decree No. 1083, also known as the Code of Muslim Personal Laws of the Philippines.

How are actions and proceedings in the Shari'ah Court commenced?

By filing a complaint, which shall be prepared at least in triplicate by the plaintiff or his counsel or by the clerk of court.

What is the significance of Articles 148 and 158 of the Code of Muslim Personal Laws of the Philippines?

They provide that the Shari'ah district courts and Shari'ah circuit courts shall be governed by special rules of procedure as promulgated by the Supreme Court.

When is a civil action commenced in relation to an additional defendant?

A civil action is commenced with regard to an additional defendant on the date of the filing of the later pleading, irrespective of whether the motion for its admission is denied by the court. Signup and view all the answers

What is the purpose of the Rules of Procedure on the Shari'ah Courts?

To achieve an expeditious and inexpensive determination of cases referred to in the Code of Muslim Personal Laws of the Philippines. Signup and view all the answers

Who is responsible for preparing the complaint in the Shari'ah Court?

The plaintiff or his counsel, or the clerk of court. Signup and view all the answers

What is the purpose of the pre-trial conference in a Shari'a court?

To clarify and define the issues if the parties fail to arrive at an amicable settlement. Signup and view all the answers

What is the basis for submitting statements of witnesses and other evidence in a Shari'a court?

The issues clarified and defined during the pre-trial conference. Signup and view all the answers

What is the significance of the written statements of witnesses in a Shari'a court?

They serve as their testimonies upon which judgment may be based, and also constitute the direct testimony of the witnesses for cross-examination. Signup and view all the answers

What is the role of the court in a Shari'a court proceeding if the parties fail to arrive at an amicable settlement?

The court must clarify and define the issues, which shall be set forth in a pre-trial order. Signup and view all the answers

What is the timeframe for submitting evidence and memoranda to the court in a Shari'a court proceeding?

Within ten days from receipt of the pre-trial order. Signup and view all the answers

What is the relevance of the Special Rules in a Shari'a court proceeding?

The Special Rules provide guidelines for the submission of evidence and memoranda, including the statements of witnesses and other evidence. Signup and view all the answers

What is the duty of the clerk of court of the Shari'a District Court upon receipt of the original records, transcripts, and exhibits?

To notify the parties of such fact. Signup and view all the answers

Where can an aggrieved party appeal to in the absence of a Shari'a Appellate Court?

The Supreme Court. Signup and view all the answers

How can decisions of the Shari'a District Courts reach the Supreme Court?

By way of special civil action under Rule 65 or petition for review on certiorari under Rule 45. Signup and view all the answers

What is the relevant provision in the Rules of Court that allows for a petition for review on certiorari to reverse the decision of the Shari'a District Court?

Rule 45. Signup and view all the answers

What is the significance of Section 11 of the Special Rules in relation to the Shari'a District Court?

It obliges the clerk of court to notify the parties of the receipt of original records, transcripts, and exhibits. Signup and view all the answers

What is the relevance of Article 145 of Presidential Decree No. 1083 in the context of appeals from the Shari'a District Court?

It provides a basis for appeals to the Supreme Court in the absence of a Shari'a Appellate Court. Signup and view all the answers

Islamic Law Special Procedure in the Philippines

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