Chief Justice Alexander G. Gesmundo has urged passers in the Shai'ah Bar examinations to take the Philippine Bar exams for them to be full-fledged lawyers.

At the same time, Chief Justice Gesmundo suggested to members of the Integrated Bar of the Philippines to take Shari'ah Bar exams for their enhanced participation in the country’s Shari’ah courts. 

Those who passed the Shari’ah Bar exams were sworn in as counselors-at-law. A total of 183 passers in the 2024 Shari’ah Bar exams are set to take their oaths on August 14 at the Manila Hotel.

In 1993, the Supreme Court (SC) ruled that those who passed the Shari’ah Bar exams are only special members of the Philippine Bar and are not full-fledged members even if they are holders of Bachelor of Laws degree. As such, they can practice their profession only before the Shari’ah courts.

The Shari’ah courts were set up by the SC under Presidential Decree No. 1083, the Code of Muslim Personal Laws. PD 1083 “ordains and promulgates a code recognizing the system of Filipino Muslim laws, codifying Muslim personal laws. and providing for its administration and for other purposes.”

There are five Shari-ah district courts and 51 Shari’ah circuit courts in Mindanao provinces.  There is a pending legislation that would set up Shari-ah courts in Luzon and the Visayas where Muslims also reside.

Shari-ah district courts, equivalent to regional trial courts (RTCs), have exclusive jurisdiction over family rights and duties as well as contractual relations of Filipino Muslims. 

These cases, among other issues, involve custody, guardianship, legitimacy, paternity and filiation arising under PD 1083; disposition, distribution and settlement of the estate of a deceased Muslim; probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property.

Shari’ah circuit courts are equivalent to municipal circuit trial courts and have jurisdiction, among other cases, on those involving offenses defined and penalized under PD 1083; and civil actions between parties who are Muslims and married under the provision of PD 1083 like betrothal of breach of contract to marry, divorce, customary dowry, disposition and distribution of property upon divorce, maintenance of support, restitution of martial rights, and disputes relative to communal properties.

The Chief Justice’s suggestion to members of the Integrated Bar of the Philippines (IBP) and Shari’ah Bar passers was aired during the second Shari’ah summit held in Tagaytay City last August 1 to 3. The first summit was held in Cagayan de Oro City in 2023.

The SC’s Public Information Office (SC-PIO) said the summits were aimed at “enhancing the Shari’ah system and enriching Islamic jurisprudence under the Court’s Strategic Plan for Judicial Innovations 2022-2027 (SPJI).”

In his address to more than 100 participants, Chief Justice Gesmundo said the summit provides foundational knowledge on the basics of Shari’ah law to ensure that judges and lawyers “are well-equipped in dispensing justice to our Muslim brothers and sisters.” 

Gesmundo said: “The SC has undertaken an institutional review of the Shari’ah Justice system and has committed itself to reforming the Shari’ah Legal Education System as well. This is in recognition of our constitutional duty, if not moral obligation, to promote an inclusive environment free of biases against all genders and social sectors, against any religious belief and even political persuasion.”

SC Senior Associate Justice Marvic M.V.F. Leonen, chairperson of the Committee on Access to Justice/Underserved Areas and the Committee on Human Rights, said the SC is in the process of proposing amendments to Batas Pambansa 129, the Judiciary Reorganization Act of 1980, which, he said, makes no mention of Shari’ah courts apart from one section on funding. 

“If we are to deliver justice, our laws and rules of procedure must be inclusive. It is high time for us to start thinking about amending B.P. 129 to include Shari’ah courts in the integrated judiciary system. It is time we review Shari’ah’s codified personal laws and the Rules of Procedure of its courts,” Justice Leonen said. 

Echoing the sentiments of the Chief Justice, Leonen said “it is time to look into giving more recognition to Shari’ah practitioners and to consider them not merely as counselors but as full-fledged lawyers.” 

SC Associate Justice Antonio T. Kho Jr., chairperson of the 2025 Shari’ah Bar Examinations (SBE), said the High Court seeks to strengthen the foundation of Shari’ah not only in the Bangsamoro Autonomous Region in Muslim Mindanao, but also in other areas where a significant number of Filipino Muslims reside. 

For the 2025 SBE, the SC is planning to add local testing sites in Mindanao, and is seriously considering also an overseas testing center in the Kingdom of Saudi Arabia for Shari’ah Bar hopefuls in the Middle East, Justice Kho said. 

These initiatives show “the SC’s commitment to cultivate a culture of respect, sensitivity and inclusivity and recognize the distinct needs of our Muslim brethren while maintaining harmony within the broader legal system,” he also said.

SC Associate Justice Japar B. Dimaampao, co-vice chairperson of the Technical Working Group on Shari'ah of the Committee on Access to Justice/Underserved Areas, said the summit aims to “flesh out the core competencies of Shari’ah judges, but also provide a platform for them to express their pressing concerns about the administration of Shari’ah justice and court management.” 

Among the topics discussed during the summit were the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (RA 11054); fundamentals of Shari’ah; Islamic Succession; Agama Arbitration Council, vis-à-vis, Alternative Dispute Resolution: A Comparative Study; Islamic Law and Jurisprudence (Fiq); Shari’ah and Human Rights, Persons, Property, and Family Relations: A Comparative Study ― Shari’ah Law vis-à-vis Civil Code; Islamic Banking; Shari’ah and Feminism; Evolving Doctrines on Halal; and SPJI and Progress.

Also present during the summit were SC Associate Justices Henri Jean Paul B. Inting and Jhosep Y. Lopez. Also in attendance were Philippine Judicial Academy Chancellor and former SC justice Rosmari D. Carandang, Court of Appeals Justice Anisah B. Amanodin-Umpa, Court Administrator Raul B. Villanueva, and SC Spokesperson Atty. Camille Sue Mae L. Ting.