Republic ofthe Philippines
House of Representatines
Quezon City, Metro Ala

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.. 7205

Introduced by Anak Mindanao (AMIN) Representatives: HON. AMIHILDA J. SANGCOPAN and
HON. MAKMOD D. MENDING JR.

EXPLANATORY NOTE

In June 15, 1954, Republic Act No. 1080, “An Act declaring the Bar and Board
Examinations as Civil Service Examinations”, was enacted. It confer passers of
the Bar examination the Civil Service eligibility.

In February 4, 1977, Presidential Decree No. 1083 or the “Code of Muslim
Personal Laws” was enacted. It implements the constitutional mandate toward
the integration and mainstreaming of cultural Muslim Filipino communities. As
such, PD 1083 created as part of the Philippine judicial system the Shari’a
Courts:

Article 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.

Like the regular civil courts, the Sharia’ courts and the personnel thereof shall
be subject to the administrative supervision of the Supreme Court. Applicants
to the Sharia’ Bar Examinations is required to have completed from a
Philippine Sharia’ Institute or completed the two-year study on Islamic
Jurisprudence offered by Law schools in some parts of the country. On the
other hand, applicants to the civil service eligibility are required at least
Bachelor's Degree for professional level or at least finished two (2) years in
college for the sub-professional level or eligibility.

In the Philippines, the increasing number of Muslim Filipinos is a challenge to
the efficient implementation of the judicial system. In a recent study, it says
the lack of full-time Shari’a District Judges may affect the level of performance
of the SDCs. All five Shari’a District Judge positions of the fully organized
SDCs are vacant. Two RTC Judges have been designated as acting Shari'a
District Judges on concurrent capacity. Specifically, Judge Bensaudi Arabani
Sr. who is the appointed RTC judge of Parang (Sulu) is the designated acting
judge of the SDCs in Jolo (Sulu), Bongao (Tawi-Tawi), Zamboanga City,and
Cotabato City, while Judge Rasat Balindong who is the appointed RTC judge of
Midsayap (Cotabato) is concurrently the judge of the SDC in Marawi City.


Majority, if not most of the Shari’a counselors, are from Mindanao and as a
Representatives from Mindanao, we would like to put emphasis in affirming the
fitting recognition for our Shari'a counselors.

With this, we sought for the passage of the bill conferring the appropriate civil
service eligibility to the Sharia’ Bar passers.

wok eon

J. SANGCOPAN (ON. MAKMOD/. MENDING JR.



Republic of the Philippines
House of Representatives
uezon City, Meteo Manila

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 720 5

Introduced by Anak Mindanao (AMIN) Representatives: HON. AMIHILDA J. SANGCOPAN and
HON. MAKMOD D. MENDING JR.

AN ACT

DECLARING THE SPECIAL SHARI’A BAR EXAMINATION AS CIVIL
SERVICE EXAMINATION AMENDING FOR THE PURPOSE R.A. 1080
ENTITLED “AN ACT DECLARING THE BAR AND BOARD
EXAMINATIONS AS CIVIL SERVICE EXAMINATIONS”

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. The bar examinations including the Special Shari’a Bar
Examination and the examination given by the various boards of examiners
of the Government are declared as civil service examinations, and shall for
purposes of appointment to positions in the classified service of the duties
of which involve knowledge of the respective professions except positions
requiring highly specialized knowledge not covered by the ordinary board
examinations, be considered as equivalent to the first grade regular
examinations given by the Bureau of Civil Service if the profession requires
at least four (4) years of study in college and the person has practiced his

professions for at least two years, and as equivalent to the second grade

examination if the profession requires less than four years of college study.

SECTION 2. The Commissioner of Civil Service shall be furnished by
the Clerk of the Supreme Court and the Secretary of the Board of
Examiners a list of all the successful candidates in the bar and board
examinations, including the Special Shari’a Bar Examination, with their

general averages and preference shall be given those obtaining the highest


ratings in making appointments, Provided, That for those who have already
passed the corresponding bar and board examinations, including the
Special Shari’a Examination, the eligibility shall be deemed to commence

from the approval of the Act.

SECTION 3. The commissioner of Civil Service shall promulgate the

rules and regulations to implement the provisions of this Act.

SECTION 4. The benefits granted under this Act shall not prescribe

the provisions of civil service law or regulations notwithstanding.

SECTION 5. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in any two newspapers of general
circulation.

Approved,

nox ang fas sanccoran (ON. MAKMOD D. ING JR.