Republic of the Phj lippines
HOUSE 0F RHPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 5045
fry        TI,tt,E:
Introduced by Rep. Mohamad Khalid Q. Dimaporo
EXPLANATORY NOTE
Access to Shari'a Courts has been a recurring plight of many Muslim Filipinos. The
promulgation of Presidential Decree No.  1083 or the Code of Muslim Personal Laws of the
Philippines paved the way to the creation of Shari'a Courts in the Philippines, with exclusive
jurisdiction on Muslim Personal Laws, which also includes tlie application and filing of entries
to the Civil Registry for Muslim Filipinos. However, these Shari' a Couts were only established
in the island of Mindanao.  Recent migrations, inter-marriages and Batik-Islam increased the
number of Muslim Filipinos outside of Mindanao, hence, there is a need to establish Shari'a
Courts to accomlnodate the growing number of Muslim communities throughout the country.
In the absence of Shari'a Courts within their Realon, Muslim Filipinos outside Mndanao have
to spend more just to file entries on the Civil Retlstry lodged within the office of the Clerk of
Court of the Shari'a Courts in Mindanao.
This legislative ineasure thus seeks to rectify this present predicament by allowing and
empowering the National Commission on Muslim Filipinos to act as a service provider for and
on behalf of Muslim Filipinos to file and receive routine doniments to the Shari'a Courts. This
bill will also allow the creation of a digital platform in the pursuit of providing a paperless
process on certain services of the Shari' a Courts, which can be more practical than the creation
of new Shari'a Courts in relation to its functions as civil reedstrar of Muslim Filipinos.
In view of the foregoing, the passage of this bill is earnestly sought


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETHENTH CONGRESS
First Regular Session
HOUSE BILL NO. 5045
Introduced by Rep. Mohamad Khalid Q. Dimaporo
AN ACT
AMHNDING REpuBLIC ACT No. 9997 oTHERwlsE KNowN AS THn NATloNAL
COMMISSION  0N MUSLIM  FILIPINOS ACT  0F 2009,  T0 PROVIDE  MUSLIM
FILIPINOS   BETTER   ACCESS   T0   SHARI'A   COURTS   IN   ITS   ABSENCE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be  it  enacted by  the  Senate  and the  House  Of Representatives  Of the  Philippines,  in
Congress assembled:
SECTION  1.   SfeorJ  rj.//e.  -  This  Act  shall  be  known  as  "The  Shari'a  Courts
Accessibility Act of 2023".
SECTION 2. Section 8 of Republic Act No. 9997 shall read as follows:
"Section  8.  Powers  and  Functions.  -  To  accomplish  its  mandate,  the
Commission shall have the following powers andfunctious:
Provide advice
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p.   Assist the Philippine Statistics Authority in conducting census  on the
actual population Of Muslim Filipinos in the country;
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aa. To facilitate certain Shari'a Court Services to Muslim Filipinos, act as
a  service  provider  for  ffling  of certain  documents  in  the  Shari'a
Courts, and charge appropriate fees for such services;
bb.To  pursue  Public-Private  Partnership  Projects  for  the  benefit  of
Muslim Filipinos
cc.  Promulgate such rules  ....,  and
dd. Xxx
SECTION 3.  Section 11  (g) of Republic Act No. 9997 is hereby amended to read as
follows:
"Section  11.  Bureaus. -The  Burea:us Of the Commission shall consist Of
the  ...
Bureau  Of  I,egal  Affairs  -  The  Legal  A.ffairs  Bureau  shall  be
responsible   for   providing   Muslim   Filipinos   with   legal   education   and
assistance in case Of litigation irrvolving their persons or interests;  act as the
legal courlsel Of the Commission; and iavestigale cases involving its personnel
and  submit  appropriate  recommendations  pertaining  thereto.  The  Bureau
shall also investigate valid complaints broughi bofore the Commission.
[The Bureau of Legal Affairs shall be responsible for ensuring that
Muslim  Filipinos  who  have  no  access  to  Shari'a  Courts  within  their
Region  can  file  the  appropriate documents with  respect to  the special
jurisdiction of Shari'a Courts as provided for in the succeeding section of
this Act. The purpose of the Bureau will be to provide equitable access to
the  Shari'a  Courts  for  all  Muslim  Filipinos.  The  required  number  of
personnel and legal officers for the effective implementation of this Act
shall be determined by the NCMF.I
SE,CTTON 4. Coordination between tl.e Supreme Court and NCMF. --The INatiounl
Commission on Muslim Filipinos and the Supreme Court shall establish a mechanism to which
the service of filing certain dcouments within thejurisdi.ction of the Shari'a Circuit and District
Courts,  such  as,  but not limited to,  Title VI  Chapter One  of Presidential  Deeree No.  1083
otherwise known as the Code on Muslim Personal Laws of the Philippines, can be administered
by the National Conimission on Muslim Filipinos Bureau of Legal Affairs on behalf of Muslim
Filipinos without access to Shari'a Courts in their Region.


A Memorandum of Understanding between NCMF and the Supreme Court shall be
entered for the implementation of provisions of this Act and shall not in any way be construed
as an impediment on the jurisdiction of the Courts.
SE:C"OIN S. Digital Transitormation f tor Shari' a Court Services. --The DICT and the
Nchff shall pursue, in coordination with the Supreme Court, the creation of a digital platform
that  will  allow  paperless  filing  of routine  docunients,  such  as  Marriage  Cerdficate,  Birth
Certificate, Death Certificate as well as the collection of appropriate court fees for this purpose.
The NCMF is also hereby authorized to pursue Public-Private Partnerships in this endeavor.
SECTION 6. Sfq!giv.str.cs o« 441«s/fro Ff./I.pf.#os -Tlie Philippine Statistics Authority and
the Nchff shall coordinate on the collection of statistics for Muslim Filipinos. The NCMF, the
Clerk of Courts of the Shari'a Courts and the PSA shall produce an Annual Report on the
Musliin Filipino population. The Annual Report shall include at the least the latest Census of
Population  of Muslim  Filipinos,  Muslim  Births,  Mariages,  and Deaths  for  the year.  The
Statistics shall be presented in the National, Reedonal, Provincial, City, and Municipal levels.
SHCTI0N  7.  ReporroH.¢J  Pnt}vl.Si.o#  -  The  NCMF  shall  submit  to  Congress,  in
cognizance of its oversight functions, a report on the implementation of the provisions of this
Act. Copies of this report shall be submitted to the President of the Senate, the Speaker of the
House of Representatives, the Chairperson of the House Committee on Muslim Affairs and the
Chairperson of the Senate Committee on Cultural Communities and Muslim Affairs.
SECTION 8. 4flproprl.¢&.our. - The amount necessary to implement the provisions of
this Act shall be included in the General Appropriations Act.
SE;CTIOIN 9`  Iixplementing Rules and Regulations (IRR)-Wi:urin ninety (90) days
from the approval of this Act, the Commission, in coordination with the Department of Budget
and Management, and the Supreme Court of the Philippines, shall promulgate the necessary
rules and regulations to implement the provisions of this Act.
SHCTI0N 10.  Seprrfl)Oi./z.fy C7¢#Sc. -If any part or provision of this Act shall be held
unconstitutional or inval].d, other provisions which are not affected thereby shall continue to be
in full force and effect.
SECTION  11.   jRcpc¢/J.Hg C/¢w^?a. - AIl  laws,  decrees,  orders,  issuances,  rules  and
regulations that are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.
SECTION  12.   ELLTecfj.tJtry. -This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,