NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
S. B. No. 2820
24 SEP 11 P4 -AA
prcri...
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING ARTICLE X, SECTION 8 OF REPUBLIC ACT NO 11054 
OTHERWISE KNOWN AS THE "ORGANIC LAW FOR THE BANGSAMORO 
AUTONOMOUS REGION IN MUSLIM MINDANAO"
Explanatory Note
Presidential Decree (PD) No. 1073, also known as the Code of Muslim Personal 
Laws of the Philippines, was enacted on February 7, 1977, by former President 
Ferdinand Marcos Sr. This decree underscores the importance of effectively 
administering and enforcing Muslim personal laws among Muslims, which paved the 
way to the establishment of Shari'ah District Courts and Shari'ah Circuit Courts.
Article 140 of PD No. 1073 specifies that no individual can be appointed as a 
Shari'ah District Judge unless, in addition to meeting the qualifications required for 
judges of Courts of First Instance under the Judiciary Law, he/she possesses expertise 
in Islamic law and jurisprudence. In contrast, for Shari'ah Circuit Courts, the law 
stipulates that judges do not need to be members of the Philippine bar. Instead, they 
must have completed the required Shari'ah and Islamic jurisprudence (fiqh) courses 
administered by the Supreme Court, and must be natural-born citizens of the 
Philippines and at least twenty-five years old.
However, when Republic Act 11054 or the Organic Law for the Bangsamoro 
Autonomous Region in Muslim Mindanao was passed in 2018, its section on the


qualification of Shari'ah Judges for circuit courts specified the membership to the 
Philippine bar, on top of other requirements, such as: being at least thirty (30) years 
of age, must have been engaged, in the practice of law for five (5) years or more, and 
has completed at least two (2) years of Shari 'ah ox Mamie Jurisprudence.
As pointed out by the National Commission on Muslim Filipinos, these stringent 
requirements are one of the reasons why it has become challenging to fill up positions 
in the Shari'ah circuit courts. The agency also expressed their opinion, that since most 
of the issues discussed under the circuit courts are communal in nature, the judges' 
knowledge on the Shari'ah practices must be prioritized over legal expertise.
In view of the foregoing, this bill is being proposed to amend Section 8 of RA 
11054, and it is hoped that its passage will be considered by this august body.
ROUNTiOOD/C. PADILLA
Stator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
S. No.
SENATE 
2820
24 SEP 11
----------------------------------X
RtCF!DL.
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING ARTICLE X, SECTION 8 OF REPUBLIC ACT NO 11054 
OTHERWISE KNOWN AS THE "ORGANIC LAW FOR THE BANGSAMORO 
AUTONOMOUS REGION IN MUSLIM MINDANAO"
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Article X, Section 8 of Republic Act No. 11054 is hereby amended to
2 
read as follows:
3 
"SEC. 8. Qualifications of Shari'ah Judges. -
4
5
6
7
8
(a) Shari'ah Circuit Court. - No person shall be appointed judge of the Shari'ah 
Circuit Court unless a citizen of the Philippines who is a Muslim, [a regular 
member of the Philippine Bar,] at least thirty (30) years of age, must have been 
engaged, in the practice of SHARI'AH law for five (5) years or more, and has 
completed at least two (2) years of Shari 'ah or Mamie Jurisprudence.
Xxx"
10 
Sec. 2. Separability Clause. — If any provision of this Act shall be held
11 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
12 
full force and effect.


1 
Sec. 3. Repealing Clause. — All laws, decrees, orders, issuances, and rules and
2 
regulations or parts thereof inconsistent with the provisions of this Act are hereby
3 
repealed or modified accordingly.
4 
Sec. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
5 
publication in the Official Gazette or in at least two (2) newspapers of general
6 
circulation.
Approved,