Republic of the Philippines
HOUSE OF REPRESENTATIVES :
Quezon City, Metro Manila ECEIVED
JAN 17 2017

Seventeenth Congress
First Regular Session

HOUSE BILL No._4762

Introduced by Representative Frederick F. Abueg

EXPLANATORY NOTE

This House Bill was previously filed in the Sixteenth Congress as House Bill
No. 4938. It was first read on September 8, 2014 and was referred to the Committee

on Justice.

This bill seeks to create a sixth (6") Shari’a Judicial District comprising the
Province of Palawan and City of Puerto Princesa, composed of one Shari'a District
Court to be stationed at the City of Puerto Princesa and two Shari’a Circuit Courts to
be stationed at the municipalities of Taytay in Northern Palawan and Brooke’s Point

in Southern Palawan.

The province is home to about 75,000 to 100,000 Filipino Muslims which is
approximately 7.5% of the total provincial population of 994,340 persons, including
the City of Puerto Princesa, according to the census conducted by the National
Statistics Office (NSO) in 2010. However, at present, it is estimated that about one
million people reside in Palawan. The main Muslim ethnic groups found in Palawan
which constitute said population are the Molbog, Jama Mapun, Tausug, Pangutaran,

Maranao, and Yakan.

Shari'a courts are created specifically for the effective administration and
enforcement of the Code of Muslim Personal Laws. Presidential Decree (P.D.) No.
1083 created five (5) Shari’a Judicial Districts that are now located in Sulu, Tawi-
tawi, Zamboanga City, Marawi City, and Cotabato City. This proposed measure seeks


to add another Shari’a Judicial District to cover the Province of Palawan and the City

of Puerto Princesa.

Geographically speaking, the island province of Palawan is not attached to the
island of Mindano where the presence of other Shari’a Judicial Districts can cater the
populace thereat. Yet many of our Muslim brothers and sisters who reside in Palawan
also need the judicial services of the Shari’a Courts. Traveling from Palawan to places
where there exist Shari’a Courts is both uneconomical and impractical for the speedy
disposition of cases as provided for in Section 16 of Article III of the 1987
Constitution, “All persons shall have the right to a speedy disposition of their cases

before all judicial, quasi-judicial, or administrative bodies.”

The provision of one Shari’a District Court to be stationed at the City of Puerto
Princesa is beneficial to all our Muslim brothers and sisters, given that Puerto Princesa
City is at the heart of the province, geographically. It is within reach by both North
and South residents. Moreover, the two Shari’a Circuit Courts to be stationed at the
municipalities of Taytay in Northern Palawan and Brooke’s Point in Southern

Palawan are enablers for a more effective and efficient access to these courts.

Given that the Shari’a Courts embody the Islamic principle of justice where no
person is allowed to place the law in his or her own hands, the approval of this bill is

earnestly requested.

Zz

FREDERICK F. ABUEG
uty Speaker


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL No. 4762

Tniroduced by Representative Frederick F. Abueg,

AN ACT
CREATING A SHARIA JUDICIAL DISTRICT COMPRISING THE
PROVINCE OF PALAWAN AND THE CITY OF PUERTO PRINCESA,
FURTHER AMENDING FOR THE PURPOSE ARTICLES 138, 147, AND 150
OF PRESIDENTIAL DECREE NO. 1083, OTHERWISE KNOWN AS THE
“CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES,” AS

AMENDED, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. There is hereby created a Sixth (6") Shari’a Judicial District
comprising the Province of Palawan and the City of Puerto Princesa, composed of one
Shari'a District Court to be stationed at the City of Puerto Princesa and two Shari'a
Circuit Courts to be stationed at the municipalities of Taytay and Brooke’s Point,

Palawan.


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SECTION 2. The Supreme Court shall assign the branch numbers of the
newly-created Shari’a District Court and Sharia Circuit Courts in the 6" Shari’a
Judicial District.

SECTION 3. The Chief Justice of the Supreme Court, in coordination with the
Secretary of Justice, shall immediately include in the Court’s program the

implementation of this Act.

SECTION 4. The amount necessary for the effective implementation of this
‘Act shall be charged to the appropriations of the Supreme Court. Thereafter, such
amount as may be necessary for the continued implementation of this Act shall be

included in the annual General Appropriations Act.

SECTION 5. Articles 138, 147, and 150 of Presidential Decree (P.D.) No.
1083, otherwise known as the “Code of Muslim Personal Laws of the Philippines,” as
amended, as well as other provisions that may be inconsistent herewith, are hereby

deemed repealed, modified, and/or further amended accordingly.

SECTION 3. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,