PRESIDENTIAL DECREE No. 1083
February 4, 1977
A DECREE TO ORDAIN AND PROMULGATE A CODE
RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS,
AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES
WHEREAS, pursuant to the spirit of the provision of the
Constitution of the Philippines that, in order to promote the advancement and
effective participation of the National Cultural Communities in the building of
the New Society, the State shall consider their customs, traditions, beliefs
and interests in the formulation and implementation of its policies;
WHEREAS, Islamic law and its principles of equity and
justice, to which the Filipino Muslim communities adhere, provide an essential
basis for the fuller development of said communities in relation to the search
for harmonious relations of all segments of the Filipino nation to enhance
national unity;
WHEREAS, the enforcement, with the full
sanction of the State, of the legal system of the Filipino Muslims shall
redound to the attainment of a more ordered life amongst them;
WHEREAS, it is the intense desire of the New Society to
strengthen all the ethno-linguistic communities in the Philippines within the
context of their respective ways of life in order to bring about a cumulative
result satisfying the requirements of national solidarity and social justice;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Republic of the Philippines, by virtue of the powers vested in
me by the Constitution of the Philippines, do hereby ordain and promulgate the
"Code of Muslim Personal Laws of the Philippines" as part of the law
of the land hereby decree:
Article
1. Title. This decree shall be known as the "Code of Muslim
Personal Laws of the Philippines."
Article
2. Purpose of Code. Pursuant to Section 11 of Article XV of the
Constitution of the Philippines, which provides that "The State shall
consider the customs, traditions, beliefs and interests of national cultural communities
in the formulation and implementation of state policies," this Code:
(a)
Recognizes the legal system of the Muslims in the Philippines as part of the
law of the land and seeks to make Islamic institutions more effective;
(1) In
case of conflict between any provision of this Code and laws of general
application, the former shall prevail.
(2) Should
the conflict be between any provision of this Code and special laws or laws of
local application, the latter shall be liberally construed in order to carry
out the former.
(3) The
provisions of this Code shall be applicable only to Muslims and nothing herein
shall be construed to operate to the prejudice of a non-Muslim.
(1) In the
construction and interpretation of this Code and other Muslim laws, the court
shall take into consideration the primary sources of Muslim law.
(2)
Standard treatises and works on Muslim law and jurisprudence shall be given
persuasive weight in the interpretation of Muslim law.
Article
5. Proof of Muslim law and 'ada. Muslim law and 'ada not embodied in
this Code shall be proven in evidence as a fact. No 'ada which is contrary to
the Constitution of the Philippines, this Code, Muslim law, public order,
public policy or public interest shall be given any legal effect.
(1) Should
there be any conflict among the orthodox (Sunni) Muslim schools of law
(Madhahib), that which is in consonance with the Constitution of the
Philippines, this Code, public order, public policy and public interest shall
be given effect.
(2) The
Muslim schools of law shall, for purposes of this Code, be the Hanfi, the
Hanbali, the Maliki and the Shafi'i.
(a)
"Agama Arbitration Council" means a body composed of the Chairman and
a representative of each of the parties to constitute a council to take all
necessary steps for resolving conflicts between them.
(c)
"General Register" means the General Register of marriages, divorces,
revocation of divorces, conversion and such other deeds or instruments kept by
the Registrar under this Code.
(g)
"Muslim" is a person who testifies to the oneness of God and the
Prophethood of Muhammad and professes Islam.
(h)
"Muslim Law" (Shari'a) refers to all the ordinances and regulations
governing Muslims as found principally in the Qur'an and the Hadith.
(i)
"Muslim Personal Law" includes all laws relating to personal status,
marriage and divorce, matrimonial and family relations, succession and
inheritance, and property relations between spouses as provided for in this
Code.
Article 8. Legal capacity.
Juridical capacity, which is the fitness to be the subject of legal relations,
is inherent in every natural person and is lost only through death. Capacity to
act, which is the power to do acts with legal effect, is acquired and may be
lost.
Article
9. Restrictions on capacity. The following circumstances, among
others, modify or limit capacity to act: age, insanity, imbecility, the state
of being deaf-mute, the condition of death-illness (marad-ul-maut), penalty,
prodigality, absence, family relations, alienage, insolvency, and trusteeship.
The consequences of these circumstances are governed by this Code and other
Islamic laws and, in a suppletory manner, by other laws.
Article
10. Personality, how acquired. Birth determines personality; but the
conceived child shall be considered born for all purposes that are favorable to
it, provided it be born alive, however, briefly, at the time it is completely
delivered from the mother's womb.
(1) Civil
personality is extinguished by death. The effect of death upon the rights and
obligations of a deceased person is determined by this Code, by contract, and
by will.
(2) After
an absence of seven years, it being unknown whether or not the absentee still
lives, he shall be presumed dead.
Article
12. Simultaneous death. If, as between two or more persons who are
called to succeed each other, there is a doubt as to which of them died first,
whoever alleges the death of one prior to the other shall prove the same; in
the absence of such proof, it is presumed that they died at the same time and
there shall be no transmission of rights from one to the other. However, the
successional rights of their respective heirs shall not be affected.
(1) The
provisions of this Title shall apply to marriage and divorce wherein both
parties are Muslims, or wherein only the male party is a Muslim and the
marriage is solemnized in accordance with Muslim law or this Code in any part
of the Philippines.
(2) In
case of marriage between a Muslim and a non-Muslim, solemnized not in
accordance with Muslim law or this Code, the Civil Code of the Philippines
shall apply.
(3)
Subject to the provisions of the preceding paragraphs, the essential requisites
and legal impediments to marriage, divorce, paternity and filiation,
guardianship and custody of minors, support and maintenance, claims for
customary dower (mahr), betrothal, breach of contract to marry, solemnization
and registration of marriage and divorce, rights and obligations between
husband and wife parental authority, and the properly relations between husband
and wife shall be governed by this Code and other applicable Muslim laws.
Article
14. Nature. Marriage is not only a civil contract but a social
institution. Its nature, consequences and incidents are governed by this Code
and the Shari'a and not subject to stipulation, except that the marriage
settlements may to a certain extent fix the property relations of the spouses.
Article
15. Essential requisites. No marriage contract shall be perfected
unless the following essential requisites are compiled with:
(c) Offer
(ijab) and acceptance (qabul) duly witnessed by at least two competent persons
after the proper guardian in marriage (wali) has given his consent; and
(1) Any
Muslim male at least fifteen years of age and any Muslim female of the age of
puberty or upwards and not suffering from any impediment under the provisions
of this Code may contract marriage. A female is presumed to have attained
puberty upon reaching the age of fifteen.
(2)
However, the Shari'a District Court may, upon petition of a proper wali, order
the solemnization of the marriage of a female who though less than fifteen but
not below twelve years of age, has attained puberty.
(3)
Marriage through a wali by a minor below the prescribed ages shall be regarded
as betrothal and may be annulled upon the petition of either party within four
years after attaining the age of puberty, provided no voluntary cohabitation
has taken place and the wali who contracted the marriage was other than the
father or paternal grandfather.
Article
17. Marriage ceremony. No particular form of marriage ceremony is
required but the ijab and the gabul in marriage shall be declared publicly in
the presence of the person solemnizing the marriage and two competent
witnesses. This declaration shall be set forth in an instrument in triplicate,
signed or marked by the contracting parties and said witnesses, and attested by
the person solemnizing the marriage. One copy shall be given to the contracting
parties and another sent to the Circuit Registrar by the solemnizing officer
who shall keep the third.
(b) Upon
authority of the proper wali, by any person who is competent under Muslim law
to solemnize marriage; or
(c) By the
judge of the Shari'a District Court of Shari'a Circuit Court or any person
designated by the judge, should the proper wali refuse without justifiable
reason, to authorize the solemnization.
Article
19. Place of solemnization. Marriage shall be solemnized publicly in
any mosque, office of the Shari'a judge, office of the District or Circuit
Registrar, residence of the bride or her wali, or at any other suitable place
agreed upon by the parties.
Article
20. Specification of dower. The amount or value of dower may be fixed
by the contracting parties (marh-musamma) before, during, or after the
celebration of the marriage. If the amount or the value thereof has not been so
fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be
determined by the court according to the social standing of the parties.
Article
21. Payment of dower. Subject to the stipulation of the parties, the
dower may be fully or partially paid before, during, or after the marriage. The
property or estate of the husband shall be liable for the unpaid dower, or any
part thereof.
Article
22. Breach of contract. Any person who has entered into a contract to
marry but subsequently refuses without reasonable ground to marry the other
party who is willing to perform the same shall pay the latter the expenses
incurred for the preparation of the marriage and such damages as may be granted
by the court.
Article
23. Bases of prohibition. No marriage may be contracted by parties
within the prohibited degrees:
Article
24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall
be contracted between:
(1) No marriage shall be
contracted between:
(a) Any of the spouses and their respective affinal
relatives in the ascending line and in the collateral
line within the third
degree;
has been consummated;
been consummated; and
(2) The
prohibition under this article applies even after the dissolution of the
marriage creating the affinal relationship.
(1) No
person may validly contract marriage with any woman who breastfed him for at
least five times within two years after his birth.
(2) The
prohibition on marriage by reason of consanguinity shall likewise apply to
persons related by fosterage within the same degrees, subject to exception
recognized by Muslim law.
Article
27. By a husband. Notwithstanding the rule of Islamic law permitting a
Muslim to have more than one wife but one wife unless he can deal with them
with equal companionship and just treatment as enjoined by Islamic law and only
in exceptional cases.
Article
28. By widow. No widow shall contract a subsequent marriage unless she
has observed an 'idda of four months and ten days counted from the date of the
death of her husband. If at that time the widow is pregnant, she may remarry
within a reasonable time after delivery. In such case, she shall produce the
corresponding death certificate.
(1) No
woman shall contract a subsequent marriage unless she has observed an 'idda of
three monthly courses counted from the date of divorce. However, if she is
pregnant at the time of the divorce, she may remarry only after delivery.
(2) Should
a repudiated woman and her husband reconcile during her 'idda, he shall have a
better right to take her back without need of a new marriage contract.
(3) Where
it is indubitable that the marriage has not been consummated when the divorce
was affected, no 'idda shall be required.
(1) Where
a wife has been thrice repudiated (talaq bain lubra) on three different
occasions by her husband, he cannot remarry her unless she shall have married
another person who divorces her after consummation of the intervening marriage
and the expiration of the 'idda.
(2) No
solemnizing officer shall perform the subsequent marriage mentioned in the
preceding paragraph unless he has ascertained that there was no collusion among
the parties.
(c) Those contracted by parties one or both
of whom have been found guilty of having killed the spouse of either of them.
Article
32. Fasid marriages. The following marriages shall be irregular (fasid)
from their performance:
(c) Those
wherein the consent of either party is vitiated by violence, intimidation,
fraud, deceit or misrepresentation;
(d) Those
contracted by a party in a condition of death-illness (marad-ul-mault) without
the same being consummated;
(1)
Irregular marriages may be made regular by a new marriage contract in the
following cases:
(f) Those
referred to in Article 32(f), after conversion to a faith that could have made
the marriage valid.
(2) The effects of the new marriage under
the first paragraph shall retroact to the date of the celebration of the
irregular marriage.
(1) The
husband and the wife are obliged to live together, observe mutual respect and
fidelity, and render mutual help and support in accordance with this Code.
(2) When
one of the spouses neglects his or her duties to the conjugal union or brings
danger, dishonor or material injury upon the other, the injured party may
petition the court for relief. The court may counsel the offender to comply
with his or her duties, and take such measures as may be proper.
Article
35. Rights and obligations of the husband. The husband shall fix the
residence of the family. The court may exempt the wife from living with her
husband on any of the following grounds:
(b) The
conjugal dwelling is not in keeping with her social standing or is, for any
reason, not safe for the members of the family or her property.
(1) The
wife shall dutifully manage the affairs of the household. She may purchase things
necessary for the maintenance of the family, and the husband shall be bound to
reimburse the expenses, if he has not delivered the proper sum.
(2) The
wife cannot, without the husband's consent, acquire any property by gratuitous
title, except from her relatives who are within the prohibited degrees in
marriage.
(3) The
wife may, with her husband's consent, exercise any profession or occupation or
engage in lawful business which is in keeping with Islamic modesty and virtue.
However, if the husband refuses to give his consent on the ground that his
income is sufficient for the family according to its social standing or his
opposition is based on serious and valid grounds, the matter shall be referred
to the Agama Arbitration Council.
(5)
Unless otherwise stipulated in the marriage settlements, the wife retain
ownership and administration of her exclusive property.
Article
37. How governed. The property relations between husband and wife shall
be governed in the following order:
Article
38. Regime of property relations. The property relations between the
spouses, in the absence of any stipulation to the contrary in the marriage
settlements or any other contract, shall be governed by the regime of complete
separation of property in accordance with this Code and, in a suppletory
manner, by the general principles of Islamic law and the Civil Code of the
Philippines.
Article
39. Stipulation in the marriage settlements. Every stipulation in the
marriage settlements or contract referred to in the preceding article shall be
void and without effect whatsoever, should the marriage no take place. However,
stipulations that do not depend upon the contract of marriage shall be valid.
Article
40. Ante-nuptial property. The wife shall not lose ownership and
administration of all properties brought by her to the marriage in the absence
of any written agreement to the contrary, and she may dispose of the same by
deed or otherwise even without the consent of her husband.
Article
41. Exclusive property of each spouse. The following shall be the
exclusive property of either spouse:
(e) Properties acquired by right of
redemption, purchase or exchange of the exclusive property of either; and
Article 42. Ownership
and administration. Each spouse shall own, possess, administer, enjoy and
dispose of his or her own exclusive estate even without the consent of the
other. However, the court may, upon petition of either spouse, grant to the
other the administration of such property.
Article
43. Household property. Household property which customarily pertains
to or is used by either spouse shall be prima facie presumed to be the property
of said spouse.
Article
44. Right to sue and be sued. The wife may, independently of the
husband, sue or be sued in the following cases:
(d) If the litigation concerns the
exclusive property of the husband, the administration of which has been
transferred to her; or
(e) Such other appropriate cases as may be
followed by the general principles of Islamic law and other laws.
Article
45. Definition and forms. Divorce is the formal dissolution of the
marriage bond in accordance with this Code to be granted only after the
exhaustion of all possible means of reconciliation between the spouses. It may
be effected by:
(1) A divorce
by talaq may be affected by the husband in a single repudiation of his wife
during her non-menstrual period (tuhr) within which he has totally abstained
from carnal relation with her. Any number of repudiations made during one tuhr
shall constitute only one repudiation and shall become irrevocable after the
expiration of the prescribed 'idda.
(2) A
husband who repudiates his wife, either for the first or second time, shall
have the right to take her back (ruju) within the prescribed 'idda by resumption
of cohabitation without need of a new contract of marriage. Should he fail to
do so, the repudiation shall become irrevocable (Talaq bain sugra).
Article
47. Divorce by Ila. Where a husband makes a vow to abstain from any
carnal relations (ila) with his wife and keeps such ila for a period of not
less than four months, she may be granted a decree of divorce by the court
after due notice and hearing.
Article
48. Divorce by zihar. Where the husband has injuriously assimilated
(zihar) his wife to any of his relatives within the prohibited degrees of
marriage, they shall mutually refrain from having carnal relation until he
shall have performed the prescribed expiation. The wife may ask the court to
require her husband to perform the expiationor to pronounce the a regular talaq
should he fail or refuse to do so, without prejudice to her right of seeking
other appropriate remedies.
Article
49. Divorce by li'an. Where the husband accuses his wife in court of
adultery, a decree of perpetual divorce may be granted by the court after due
hearing and after the parties shall have performed the prescribed acts of
imprecation (li'an).
Article
50. Divorce by khul'. The wife may, after having offered to return or
renounce her dower or to pay any other lawful consideration for her release
(khul') from the marriage bond, petition the court for divorce. The court
shall, in meritorious cases and after fixing the consideration, issue the
corresponding decree.
Article
51. Divorce by tafwid. If the husband has delegated (tafwid) to the
wife the right to effect a talaq at the time of the celebration of the marriage
or thereafter, she may repudiate the marriage and the repudiation would have
the same effect as if it were pronounced by the husband himself.
Article
52. Divorce by faskh. The court may, upon petition of the wife, decree
a divorce by faskh on any of the following grounds :
(a)
Neglect or failure of the husband to provide support for the family for at
least six consecutive months;
(b)
Conviction of the husband by final judgment sentencing him to imprisonment for
at least one year;
(c)
Failure of the husband to perform for six months without reasonable cause his
marital obligation in accordance with this code;
(e)
Insanity or affliction of the husband with an incurable disease which would
make the continuance of the marriage relationship injurious to the family;
(g) Any
other cause recognized under Muslim law for the dissolution of marriage by
faskh either at the instance of the wife or the proper wali.
Article
53. Faskh on the ground of unusual cruelty. A decree of faskh on the
ground of unusual cruelty may be granted by the court upon petition of the wife
if the husband:
(a)Habitually
assaults her or makes her life miserable by cruel conduct even if this does not
result in physical injury;
(b)
Associates with persons of ill-repute or leads an infamous life or attempts to
force the wife to live an immoral life;
(c)
Compels her to dispose her exclusive property or prevents her from exercising
her legal rights over it;
Article
54. Effects of irrevocable talaq or faskh. A talaq or faskh, as soon as
it becomes irrevocable, shall have the following effects:
(a) The
marriage bond shall be severed and the spouses may contract another marriage in
accordance with this Code;
(d) The
wife shall be entitled to recover from the husband her whole dower in case the
talaq has been affected after the consummation of the marriage, or one-half
thereof if effected before its consummation;
(e) The
husband shall not be discharged from his obligation to give support in
accordance with Article 67; and
(f) The
conjugal partnership, if stipulated in the marriage settlements, shall be
dissolved and liquidated.
Article
55. Effects of other kinds of divorce. The provisions of the article
immediately preceding shall apply to the dissolution, of marriage by ila,
zihar, li'an and khul', subject to the effects of compliance with the
requirements of the Islamic law relative to such divorces.
Article
56. 'Idda defined. 'Idda is the period of waiting prescribed for a
woman whose marriage has been dissolved by death or by divorce the completion
of which shall enable her to contract a new marriage.
(a) In case of dissolution of marriage by death, four
months and ten days counted from the death of her husband;
(2)
Should the husband die while the wife is observing 'idda for divorce, another 'idda
for death shall be observed in accordance with paragraph 1(a).
Article
58. Legitimacy, how established. Legitimacy of filiation is established
by evidence of valid marriage between the father and the mother at the time of
the conception of the child.
(1)
Children
conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims
illegitimacy of or impugns such filiation must prove his allegation.
(2)
Children born after six months following the
consummation of marriage or with two years after the dissolution of the
marriage shall be presumed to be legitimate. Against this presumption no
evidence shall be admitted other than that of the physical impossibility of
access between the parents at or about the time of the conception of the child.
Article
60. Children of subsequent marriage. Should the marriage be dissolved
and the wife contracts another marriage after the expiration of her 'IDDA, the
child born within six months from the dissolution of the prior marriage shall
be presumed to have been conceived during the former marriage, and if born
thereafter, during the later.
Article
61. Pregnancy after dissolution. If, after the dissolution of marriage,
the wife believes that she is pregnant by her former husband, she shall, within
thirty days from the time she became aware of her pregnancy, notify the former
husband or his heirs of that fact. The husband or his heirs may ask the court
to take measures to prevent a simulation of birth.
(b)
To
receive support from the father or, in his default, from his heirs in
accordance with Articles 65 and 68; and
(c)
To
share in the legitimate (furud) and other successional rights which this Code
recognizes in his favor.
Article
63. Acknowledgment by father. Acknowledgment (igra) of a child by the
father shall establish paternity and confer upon each the right inherit from
the other exclusively in accordance with Article 94, provided the following
conditions are complied with:
(a)
The
acknowledgment is manifested by the father's acceptance in public that he is
the father of the child who does not impugn it; and
Article
64. Adoption. No adoption in any form shall confer upon any person the
status and rights of a legitimate child under Muslim law, except that said
person may receive a gift (hiba).
Article
65. Support defined. Support (nafaqa) includes everything that is
indispensable for sustenance, dwelling, clothing and medical attendance
according to the social standing of the person obliged to give it, and the
education of the person entitled to the support until he completes his
education, training, or vocation even beyond the age of majority.
Article
66. Amount. The amount of support shall be in proportion to the
resources of the giver and to the needs of the recipient.
(1) The
wife shall be entitled to support during the marriage. In cases of divorce,
(talaq), her right shall be extended up to the expiration of the 'idda.
However, in case the wife is pregnant at the time of the separation, she shall
be entitled to support until delivery.
(2) Any
divorced nursing mother who continues to breastfeed her child for two years
shall be entitled to support until the time of weaning.
Article
68. Support between ascendants and descendants. The ascendants and
descendants shall be obliged to support each other in the order in which they
are called to succeed by intestacy the person who has a right to claim support.
(1) The
obligation to support shall be demandable from the time the recipient needs it
for maintenance, but it shall not be paid except from the date it is
extrajudicially demanded.
(2)
Payment shall be made daily, weekly or monthly in advance, and when the
recipient dies, his heirs shall not be obliged to return what he had received
in advance.
(3) If
the recipient is the wife, the rule established in the foregoing paragraph
shall apply even though the marriage is dissolved.
(b) When
the resources of the obligor have been so reduced that he cannot give the
support without neglecting his own need and those of his family, except that in
the case of the spouses, the husband, though needy, is obliged to support the
wife; or
(c) When
the recipient commits any act which would give rise to disqualification to
inherit or denial of support under Muslim law.
(1) The
father and the mother shall jointly exercise just and reasonable parental
authority and fulfill their responsibility over their legitimate and
acknowledged children. In case of disagreement, the father's decision shall
prevail unless there is a judicial order to the contrary.
(2) The
mother shall exercise parental authority over her children born out of wedlock,
but the court may, when the best interests of the children so require, appoint
a general guardian.
(1)
Children shall respect, revere, and obey their parents always unless the latter
cast them into disbelief.
(2)
Grandparents are likewise entitled to respect and reverence, and shall be
consulted whenever practicable by all members of the family on all important
questions.
Article
73. Duty to children. Every parent and every person exercising parental
authority shall see to it that the rights of the children are respected, and
their duties complied with, and shall particularly by precept and example,
imbue them with religious and civic attachment to the ideal of permanent world
peace.
Article
74. Effects upon person of children. The parents have, with respect to
their unemancipated children:
(a) The
duty to support them, have them in their company, educate and instruct them in
keeping with their means and represent them in all actions which shall redound
to their benefits; and
(1) The
father, or in his absence the mother, shall be the legal administrator of the
property of the child under parental authority. If the property is worth more
than five thousand pesos, the father or the mother shall give a bond to be
approved by the court.
Article
76. Parental authority non-transferable. Parental authority can neither
be renounced nor transferred except as otherwise provided in this Code and the
general principles of Islamic law.
(2)
Subject to Article 78, the widowed mother who contracts a subsequent marriage shall
lose parental authority and custody over all children by the deceased husband,
unless the second husband is related to them within the prohibited degrees of
consanguinity.
(3) The
court may deprive a person of parental authority or suspend the exercise
thereof if he treats his children with excessive harshness, gives then
corrupting or immoral orders and counsel, or abandons them.
(1) The
care and custody of children below seven years of age whose parents are
divorced shall belong to the mother or, in her absence, to the maternal
grandmother, the paternal grandmother, the sister and aunts. In their default,
it shall devolve upon the father and the nearest paternal relatives. The minor above
seven years of age but below the age of puberty may choose the parent with whom
he wants to stay.
(2) The
unmarried daughter who has reached the age of puberty shall stay with the
father; the son, under the same circumstances, shall stay with the mother.
Article
79. Guardian for marriage (wali). The following persons shall have
authority to act as guardian for marriage (wali) in the order of precedence:
Article
80. Guardian of minor's property. The following persons shall exercise
guardianship over the property of minors in the order of precedence:
Article
81. District Registrar. The Clerk of Court of the Shari' a District
Court shall, in addition to his regular functions, act as District Registrar of
Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within the
territorial jurisdiction of said court. The Clerk of Court of the Shari'a
Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces,
Revocations of Divorces, and Conversions within his jurisdiction.
Article
82. Duties of District Registrar. Every District Registrar shall
exercise supervision over Circuit Registrars in every Shari'a District. He shall,
in addition to an entry book, keep and bind copies of certificates of Marriage,
Divorce, Revocation of Divorce, and Conversion sent to him by the Circuit
Registrars in separate general registers. He shall send copies in accordance
with Act. No. 3753, as amended, to the office of the Civil Registrar-General.
(a) File
every certificate of marriage (which shall specify the nature and amount of the
dower agreed upon,) divorce or revocation of divorce and conversion and such
other documents presented to him for registration;
(b)
Compile said certificates monthly, prepare and send any information required of
him by the District Registrar;
(d) Issue
certified transcripts or copies of any certificate or document registered upon
payment of the required fees;
(e) Send
to the District Registrar during the first ten days of each month a copy of the
entries made during the previous month;
Article
84. Cancellation or Correction of Entry. Any entry in the District or
Circuit Register may, upon verified petition of any interested party, be
corrected upon order of the Shari'a District Court, subject to the provisions
of the Rules of Court. Every Registrar shall be civilly responsible for any
unauthorized alteration made in the registry to any person suffering damage
thereby. However, the Registrar may exempt himself from such liability if he
proves that he has taken every reasonable precaution to prevent the unlawful
alteration.
Article
85. Registration of revocation of divorce. Within seven days after the
revocation of a divorce by ruju', the husband shall, with the wife's written
consent, file a statement thereof with the Circuit Registrar in whose records
that divorce was previously entered.
Article
86. Legal effects of registration. The books making up the registry of
marriage, divorce, revocation of divorce, conversion, and all other documents
relating thereto shall be considered public documents and shall be prima facie
evidence of the facts therein contained. However, nothing herein provided shall
affect the intrinsic validity or invalidity of the acts registered.
Article
87. Applicability of other civil registry law. To the extent not
inconsistent with the provisions of this Code, the provisions of other registry
laws governing other civil registrars shall be observed by district or circuit
registrars.
Article
88. Where registered. All other acts, events, or judicial decrees
affecting civil status not mentioned in Chapter One of this Title shall be
recorded in the existing civil registry of the city or municipality in
accordance with special laws.
Article
89. Succession defined. Succession is a mode of acquisition by virtue
of which the estate of a person is transmitted to his heirs or others in
accordance with this code.
Article
90. Successional rights, when vested. The rights to succession are
transmitted from the moment of the death of the decedent. The right to
succession of any heir who predeceases the decedent shall not be transmitted by
right of representation to his own heirs.
Article
91. Requisites of succession. No settlement of the estate of a deceased
person shall be effected unless:
Article
92. Inheritance (Mirath). The inheritance of a person includes all
properties of any kind, movable or immovable, whether ancestral or acquired
either by onerous or gratuitous title, as well as all transmissible rights and
obligations at the time of his death and those that accrue thereto before
partition.
(b) Those who have committed any other act
which constitutes a ground disqualification to inherent under Islamic law; and
Article
94. Succession from acknowledging person. Without prejudice to the
order of succession of heirs, mutual rights of inheritance shall obtain:
Article
95. Succession by illegitimate child. A child who was the cause of the
mother's having been divorced by li'an shall have mutual rights of succession
only with the mother and her relatives.
(1) The husband who divorces his wife shall
have mutual rights of inheritance with her while she is observing her 'idda.
After the expiration of the 'idda, there shall be no mutual rights of
succession between them.
(2) The husband who, while in a condition
of death-illness, divorces his wife shall not inherit from her, but she shall
have the right to succeed him even after the expiration of her 'idda.
Article
97. Succession by conceived child. A child conceived at the time of the
death of the decedent shall be considered an heir provided it be born later in
accordance with Article 10; its corresponding share shall be reserved before
the estate is distributed.
Article
98. Succession by absentee. The share of an heir who is missing or
otherwise absent at the time of the death of the decedent shall be reserved:
(c) In the absence of the foregoing, the
distant kindred (dhaw-ul-arham) who are blood relatives but are neither sharers
nor residuaries; and
(d) In default of the above, the
acknowledged kinsman, universal legatee, or the public treasury (bait-ul-mal),
in that order.
Article
101. Will defined. A will (wasiya) is a declaration whereby a person is
permitted, with the formalities prescribed by law, to control the disposition
after his death of not more than one-third of his estate, if there are heirs,
or the whole of it, if there are no heirs or distant kindred.
(1) The
making of a will is strictly a personal act; it cannot be left in whole or in
part to the discretion of a third person or accomplished through the
instrumentality of an agent.
(2) A will
may be declared orally or in writing in a manner that shows clearly the
intention of the testator to execute it in the presence of a least two
competent, credible and disinterested witnesses.
(1) No
nuncupative will shall pass any property of the decedent unless it is proved
and allowed in accordance with a solemn oath or affirmation of all the
witnesses who attested to its declaration.
(2) No
will of any other kind, holographic or formal, shall pass any property unless
it is proved and allowed in accordance with this Code.
Article
104. Testamentary wagf. An endowment for Islamic purposes to take effect
after the death of the donor (wagf-bill-wasiya) partakes of the nature of a
testamentary disposition.
Article
105. Capacity to make a will. Any person of sound and disposing mind and
who is not expressly prohibited by Islamic law may make a will. Persons of
either sex under the age of puberty cannot make a will.
(1) The testator, in his will, cannot
dispose of more than one-third of his estate. Any bequest in excess thereof
shall not be given effect unless ratified by the heirs. In any case, the
bequest must be accepted by the legatee.
(2) A bequest to any sharer or residuary
shall not be valid unless ratified by the testator's heirs existing at the time
of his death.
Article
107. Bequest by operation of law. Should the testator die without having
made a bequest in favor of any child of his son who predeceased him, or who
simultaneously dies with him, such child shall be entitled to one-third of the
share that would have pertained to the father if he were alive. The parent or
spouse, who is otherwise disqualified to inherit in view of Article 93 (c),
shall be entitled to one-third of what he or she would have received without
such qualification.
Article
108. Revocation of will. Will may be expressly or impliedly revoked by
the testator at any time before his death. Any waiver or restriction of this
right shall be void.
Article
109. Partial invalidity of will. The invalidity of one of several
provisions of a will shall not result in the invalidity of the others, unless
it is to be presumed that the testator would not have made such other
provisions if the first invalid provision had not been made.
Article
110. Who are sharers. The following persons shall be entitled to the
inheritance as sharers to the extent set forth in the succeeding articles:
Article
111. Share of surviving husband. The husband surviving together with a
legitimate child or a child of the decedent's son shall be entitled to
one-fourth of the hereditary estate; should there be no such descendants, he
shall inherit one-half of the estate.
Article
112. Share of surviving wife. The wife surviving together with a
legitimate child or a child of the decedent's son shall be entitled to
one-eight of the hereditary estate; in the absence of such descendants, she
shall inherit one-fourth of the estate.
Article
113. Share of surviving father. The father succeeding together with the
legitimate son of the decedent or a son of the decedent's son shall be
entitled, as sharer, to one-sixth of the hereditary estate. The father who
succeeds together with a legitimate daughter of the decedent or a daughter of
the decedent's son shall inherit, as sharer, one-sixth of the inheritance
without prejudice to his share as residuary.
Article
114. Share of surviving mother. The mother succeeding as sharer together
with a child or a child of the decedent's son, or with two or more brothers or
sisters of the decedent, shall be entitled to one-sixth of the hereditary
estate. Should she survive without any such descendant or with only one brother
or sister, she shall inherit one-third of the estate.
Article
115. Share of paternal grandfather. The paternal grandfather succeeding
together with the child of the decedent or, in default thereof, with his
descendants in the direct male line however, distant, shall be entitled to
one-sixth of the hereditary estate. Should he survive with any sharer other
than the brothers or sisters of the decedent, he shall be entitled to one-sixth
without prejudice to his right as a residuary.
Article
116. Share of paternal grandmother. The paternal grandmother succeeding
in default of the mother, father, or intermediate grandfather of the decedent
shall be entitled, as sharer, to one-sixth of the hereditary estate.
(1) If the decedent leaves no son but one
daughter, the latter shall be entitled to inherit, as sharer , one-half of the
hereditary estate. Two or more daughters shall share equally two-thirds
thereof. Should one or more daughters survive with one or more sons of the
decedent, the latter shall be entitled to double the share of the former.
(2) Should a lone daughter of the decedent
survive together with his son's daughter, the two-thirds share shall be divided
between them, one-half thereof to pertain to the former and one-sixth of the
latter.
Article
118. Share of son's daughter. The son's daughter shall, in the absence
of any child of the decedent, be entitled to one-half of the hereditary estate.
Two or more daughters of the decedent's son shall share the two-thirds of the
estate per capita.
Article
119. Share of full sister. Should the decedent leave neither descendant,
father, nor full brother, the full sister, shall be entitled as sharer to the
extent of one-half of the hereditary estate. Two or more full sisters shall
inherit two-thirds of the estate per capita.
Article
120. Share of consanguine sister. Should the decedent leave neither
descendent, full brother, nor full sister, the consanguine sister shall be
entitled to one-half of the hereditary estate. Two or more consanguine sisters
shall inherit two-thirds of the estate per capita.
Article
121. Share of uterine brother or sister. The share of a uterine brother
or sister shall be one-sixth of the hereditary estate should there be no
surviving descendant, father, paternal grandfather, or full brother and sister
of the decedent. Two or more uterine brothers or sisters shall inherit
one-third of the estate per capita.
(1) One or more full brothers and sisters
surviving together, or one or more consanguine brothers or sisters surviving
together, shall participate in the hereditary estate, a brother to inherit
double the share of a sister.
(2) The provision of the next succeeding
article notwithstanding, the full brother shall, if nothing is left for him
after the distribution of shares and he survives with uterine brothers,
participate with the latter in the one-third of the hereditary estate per
capita.
Article
123. Exclusion among heirs. The exclusion of heirs from the inheritance
shall be governed by the following rules:
(c) Whoever is related to the decedent
through any person shall not inherit while the latter is living, except in the
case of a mother concurring with her children.
(d) Heirs who, in a particular case, do not
succeed by reason of disqualification on any ground shall not exclude others.
Article
124. Residuaries. Any residue left after the distribution of the shares
shall be partitioned among the residuaries in accordance with the following
articles. An heir may succeed as residuary in his own right (asaba-bin-nafs),
in another's right (asaba-bil-ghair), or together with another
(asaba-ma'al-ghair).
Article
125. Residuaries in their own right. The following persons are
residuaries in their own right:
(c) Full-blood or consanguine brothers of
the decedent and their male descendants, however, distant in degree; and
(d) Full-blood or consanguine paternal
uncles of the decedent and their male descendants, however distant in degree.
Article
126. Residuaries in another's right. The following persons shall succeed
as residuaries in another's right:
Article
127. Residuaries together with another. Full-blood or consanguine
sisters, surviving with daughters of the decedent or with the son's daughters,
however, distant in degree from the decedent, are residuaries together with
another.
Article
128. Preference among residuaries. Preference among residuaries shall be
governed by the following rules:
(b) The residuary with full-blood
relationship shall be preferred to those of the half-blood of the same degree
of relationship in the same class.
(c) The residuaries of the same class,
degree and blood relationship shall share equally, subject to the rule of the
male having a share double that of the female in proper cases.
Article
129. Reduction of shares. If the totality of all the shares assigned to
each of the sharers exceeds the whole inheritance, the shares shall be reduced
proportionately.
Article
130. Reversion of residue. If, after distributing the portions of the
sharers, a residue is left in the inheritance and there is no surviving
residuary heir, the same shall revert in its entirety to the lone sharer or to
all the sharers in proportion to their respective shares. However, the husband
or the wife shall not be entitled to any part of the reverted portion as long
as there are other sharers or distant kindred.
(c) The sister's children, the brother's
daughters, the sons of the uterine brother, and their descendants; and
Article
132. Extent and
distribution of shares. In default of all sharers and residuaries, the distant
kindred shall inherit the entire hereditary estate, the same to be distributed
among them in accordance with Articles 123 and 128.
Article
133. Administration. The administration of the estate of a decedent shall,
for purposes of settlement, vest at the time of his death in the executor
appointed in the will or, in the absence thereof, in his heir or administrator
to whom the court has granted letters of administration.
(1) In every petition for probate of will
or for the settlement of the estate of a descendent, all matters relating to
the appointment of administrator, powers and duties of administrator or
executor, the court shall take into consideration the school of law (madhhab)
of the decedent.
(2) If the decedent's madhhab is not known,
the Shafi'i school of law may be given preference together with the special
rules of procedure adopted pursuant to this Code.
Article
135. Order of preference of claims. The estate of a decedent shall be
applied to claims and charges in the following order:
Article
136. Liability of heirs. The liability of the heirs of a decedent for
the payment of the matter's debts shall not exceed the hereditary estate. Each
heir shall be liable only for the payment of the decedent's debt in proportion
to his share.
ADJUDICATION AND SETTLEMENT OF DISPUTES AND RENDITION OF LEGAL OPINIONS
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.
Article
138. Shari'a judicial districts. Five special judicial districts, each
to have one Shari'a District Court presided over by one judge, are constituted
as follows:
(c) The
Third Shari'a District, the Province of Basilan, Zamboanga del Norte and
Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga;
(d) The
Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del Sur,
and the Cities of Iligan and Marawi; and
(e) The
Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan
Kudarat, and the City of Cotabato;
Article
139. Appointment of judges. The judicial function in the Shari'a
District Courts shall be vested in Shari'a District judges to be appointed by
the President of the Philippines.
Article
140. Qualifications. No person shall be appointed Shari'a District judge
unless, in addition to the qualifications for judges of Courts of First
Instance fixed in the Judiciary Law, he is learned in Islamic law and
jurisprudence.
Article
141. Tenure. Shari'a District judges shall be appointed to serve during
good behavior until they reach the age of sixty-five years, or become
incapacitated to discharge the duties of their office, unless sooner removed
for the same causes and in the same manner provided by law for judges of Courts
of First Instance.
Article
142. Compensation. Shari'a District judges shall receive the same
compensation and enjoy the same privileges as the judges of Courts of First
Instance.
(a) All cases involving
custody, guardianship, legitimacy, paternity and filiation arising under this
Code;
(c)
Petitions for the declaration of absence and death and for the cancellation or
correction of entries in the Muslim Registries mentioned in Title VI of Book
Two of this Code;
(d) All
actions arising from customary contracts in which the parties are Muslims, if
they have not specified which law shall govern their relations; and
(e) All
petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all other auxiliary writs and processes in aid of its appellate jurisdiction.
(2) Concurrently with
existing civil courts, Shari'a District Court shall have orig. jurisdiction
over:
(a)
Petitions by Muslims for the constitution of a family home, change of name and
commitment of an insane person to an asylum;
(b) All
other personal and real actions not mentioned in paragraph 1 (d) wherein the
parties involved are Muslims except those for forcible entry and unlawful
detainer, which shall fall under the exclusive original jurisdiction of the
Municipal Circuit Court; and
(c) All
special civil actions for interpleader or declaratory relief wherein the
parties are Muslims or the property involved belongs exclusively to Muslims.
(1)
Shari'a District Courts shall have appellate jurisdiction over all cases tried
in the Shari'a Circuit Courts within their territorial jurisdiction.
(2) The
Shari'a District Court shall decide every case appealed to it on the basis of
the evidence and records transmitted as well as such memoranda, briefs or oral
arguments as the parties may submit.
Article 145. Finality
of decision. The decisions of the Shari'a District Courts whether on appeal
from the Shari'a Circuit Court or not shall be final. Nothing herein contained
shall affect the original and appellate jurisdiction of the Supreme Court as
provided in the Constitution.
Article
146. Clerks and other subordinate employees. Shari'a District Courts
shall have the same officers and other personnel as those provided by law for
Courts of First Instance.
The pertinent provisions of the Judiciary
Law regarding the number, qualifications, appointment, compensation, functions,
duties and other matters relative to the personnel of the Courts of First
Instance shall apply to those of the Shari'a District Courts.
(1) The
Shari'a District Courts shall have their respective permanent stations in the
following places:
(3) The provinces, cities or municipalities
concerned shall provide such courts with adequate court office, supplies and
equipment in accordance with the provisions of the Judiciary Law.
Article
148. Special procedure. The Shari'a District Courts shall be governed by
such special rules of procedure as the Supreme Court may promulgate.
Article
149. Applicability of other laws. The provisions of all laws relative to
the Courts of First Instance shall, insofar as they are not inconsistent with
this Code, be applicable to Shari'a District Courts.
(c) Ten
in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur,
and the Cities of Dipolog, Pagadian, and Zamboanga;
(e)
Fifteen in and for the Province of Maguindanao, North Cot. & Sultan Kudarat
and City of Cotabato.
(2) The territorial
jurisdiction of each of the 'Shari'a Circuit Courts shall be fixed by the
Supreme Court on the basis of geographical contiguity of the municipalities and
cities concerned and their Muslim population.
Article
151. Appointment of judges. Each Shari'a Circuit Court shall be presided
over by a Shari'a Circuit Judge to be appointed by the President of the
Philippines.
Article
152. Qualifications. No person shall be appointed judge of the Shari'a
Circuit Court unless he is a natural-born citizen of the Philippines, at least
twenty-five years of age, and has passed an examination in the Shari'a and
Islamic jurisprudence (fiqh) to be given by the Supreme Court for admission to
special membership in the Philippine Bar to practice in the Shari'a Courts.
Article
153. Tenure. Shari'a Circuit judges shall be appointed to serve during
good behavior until they reach the age of sixty-five years or become
incapacitated to discharge the duties of their office, unless sooner removed
for the same causes and in the same manner provided by law for judges of
Municipal Circuit Courts.
Article
154. Compensation. Shari'a Circuit judges shall receive the same
compensation and enjoy the same privileges as judges of Municipal Circuit
Courts.
Article
155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive
original jurisdiction over;
(2) All civil actions and proceedings
between parties who are Muslims or have been married in accordance with Article
13 involving disputes relating to:
(1) Shari'a Circuit Courts shall have the
same officers and other personnel as those provided by law for Municipal Circuit
Courts.
(2) The pertinent provisions of the
Judiciary Law regarding the number, qualifications, appointment, compensation,
functions, duties and other matters relative to the personnel of the Municipal
Circuit Courts shall apply to those of the Shari'a Circuit Courts.
Article
157. Place of sessions; stations. Shari'a Circuit Court may hold session
anywhere within their respective circuits, but each shall have a principal
station to be fixed by the Supreme Court.
Article
158. Special procedure. The Shari'a Circuit Courts shall be governed by
such special rules of procedure as the Supreme Court may promulgate.
Article
159. Applicability of other laws. The provisions of all laws relative to
Municipal Circuit Courts shall, to the extent that they are not inconsistent
with this Code, be applicable to the Shari'a Circuit Courts.
Article
160. Constitution. The Shari'a District Court or the Shari'a Circuit
Court may, in appropriate cases, constitute an Agama Arbitration Council in the
manner specified in this Title.
(1) Any
Muslim male who has pronounced a talag shall, without delay, file with the
Clerk of Court of the Shari'a Circuit Court of the place where his family
resides a written notice of such fact and the circumstances attended thereto,
after having served a copy thereof to the wife concerned. The talag pronounced
shall not become irrevocable until after the expiration of the prescribed
'idda. The notice filed shall be conclusive evidence that talag has been
pronounced.
(2)
Within seven days from receipt of notice, the Clerk of Court shall require each
of the parties to nominate a representative. The representatives shall be
appointed by the Court to constitute, together with the Clerk of Court as
Chairman, an Agama Arbitration Council. The Agama Arbitration Council shall
submit to the Court a report on the result of the arbitration, on the basis of
which and such other evidence as may be allowed, the Court shall issue the
corresponding order.
Article
162. Subsequent marriages. Any Muslim husband desiring to contract a
subsequent marriage shall, before so doing, file a written notice thereof with
the Clerk of Court of the Shari'a Circuit Court of the place where his family
resides. Upon receipt of said notice, the Clerk shall serve a copy thereof to
the wife or wives. Should any of them object, an Agama Arbitration Council
shall be constituted in accordance with the provisions of paragraph (2) of the
preceding article. If the Agama Arbitration Council fails to obtain the wife's
consent to the proposed marriage, the Court shall, subject to Article 27,
decided whether or not to sustain her objection.
Article
163. Offenses against customary law. The Shari'a Circuit Court, in cases
involving offenses against customary law which can be settled without formal
trial, may, at its discretion, direct the Shari'a Clerk of Court to constitute
a council of not less than two nor more than four members, with him as
chairman, to settle the case amicably.
(a) There shall be a Jurisconsult in
Islamic law, who shall be appointed by the President of the Philippines and
hold office for a term of seven years, without prejudice to re-appointment,
unless sooner removed for cause or incapacitated to discharge the duties of his
office.
(b) The Office of the Jurisconsult shall be under the
administrative supervision of the Supreme Court of the Philippines which shall
also fix its permanent station, preferably in the City of Zamboanga.
Article
165. Qualifications. No person shall be appointed Jurisconsult in
Islamic Law unless he is a citizen of the Philippines, at least forty years of
age, of good moral character and proven integrity, and an eminent scholar in
the Qur'an and Hadith and in Islamic jurisprudence as well as proficient in
Arabic.
(1) The
Jurisconsult shall, on the written request of any interested party, have the
authority to render legal opinions, based on recognized authorities, regarding
any question relating to Muslim Law. For this purpose, he may, if he deems it
necessary, consult or ask for a consensus of the 'ulama.
(2) The
Jurisconsult shall consider and act on every such request unless, in his
opinion and for good reason, the question need not be answered.
(3) The
Office of the Jurisconsult shall keep a compilation and cause the publication
of all his legal opinions.
Article
167. Compensation. Until otherwise provided by law, the Jurisconsult
shall receive an annual compensation of forty-eight thousand pesos which shall
not be diminished during his term of office.
Article
168. Office personnel. The Jurisconsult may, in accordance with the
Civil Service Law and subject to the approval of the Supreme Court, appoint and
fix the compensation of such personnel as may be necessary for the performance
of his functions.
Article
169. Official Muslim holidays. The following are hereby recognized as
legal Muslim holidays:
(b)
Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth
day of the third lunar month of Rabi-ul-Awwal;
(c)
Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet
Muhammad), which falls on the twenty-seventh day of the seventh lunar month of
Rajab;
(d)
'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar
month of Shawwal, commemorating the end of the fasting season; and
(e)
'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar
month of Dhu 1-Hijja.
Article 170. Provinces
and cities where officially observed.
(1)
Muslim holidays shall be officially observed in the Provinces of Basilan, Lanao
del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu,
Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur, and in the Cities of
Cotabato, Iligan, Marawi, Pagadian, and Zamboanga and in such other Muslim
provinces and cities as may hereafter be created.
(2) Upon
proclamation by the President of the Philippines, Muslim holidays may also be
officially observed in other provinces and cities.
Article
171. Dates of observance. The dates of Muslim holidays shall be
determined by the Office of the President of the Philippines in accordance with
the Muslim Lunar Calendar (Hijra).
(1) All
Muslim government officials and employees in places other than those enumerated
under Article 170 shall also be excused from reporting to office in order that
they may be able to observe Muslim holidays.
(2) The
President of the Philippines may, by proclamation, require private offices,
agencies or establishments to excuse their Muslim employees from reporting for
work during a Muslim holiday without reduction in their usual compensation.
(a)
Customary heirloom, which shall include artifacts and ancestral implements or
things of cultural value handed down from a common ancestor;
(b)
Ancestral property, which shall comprehend hallowed ancestral plot, ancestral
shrine, royal court, and similar properties; and
.
(1)
Except as otherwise provided in this Code, communal property shall be
administered or disposed of in accordance with Muslim law, 'ada, and special
provisions of law.
(2) Any
provision of existing law to the contrary notwithstanding, the trustee of any
communal property shall be the person who is in lawful possession thereof,
either personally or through an agent.
(3) The
Shari'a Circuit Court may appoint a trustee of a communal property when there
is a dispute as to its custody, possession, or administration.
Article
175. How construed. Any transaction whereby one person delivers to
another any real estate, plantation, orchard or any fruit-bearing property by
virtue of sanda, sanla, arindao, or similar customary contract, shall be
construed as a mortgage (rihan) in accordance with Muslim law.
(1)
Registration of a person's conversion to Islam shall constitute prima facie
proof that he professes Islam.
(2)
Whoever disputes the profession or renunciation of Islam by any person shall
have the burden of proving the contrary.
Article
177. Regulation on conversion. No conversion of a minor below the age of
eighteen years shall be registered by the District or Circuit Registrar without
the written consent or permission of the parents or guardian, except when such
minor has been emancipated from paternal authority in accordance with law.
Article
178. Effect of conversion to Islam on marriage. The conversion of
non-Muslim spouses to Islam shall have the legal effect of ratifying their
marriage as if the same had been performed in accordance with the provisions of
this Code or Muslim law, provided that there is no legal impediment to the
marriage under Muslim law.
Article
179. Effect of change of religion. The change of religion by a Muslim
shall not have the effect of extinguishing any obligation or liability
whatsoever incurred prior to said change.
Article
180. Law applicable. The provisions of the Revised Penal Code relative
to the crime of bigamy shall not apply to a person married in accordance with
the provisions of this Code or, before its effectivity, under Muslim law.
Article
181. Illegal solemnization of marriage. Any person who shall, without
authority, solemnize any marriage purportedly under this Code, or shall do so
in a manner contrary to the provisions thereof, shall be punished by
imprisonment of not less than two months but not more than two years, or a fine
of not less than two hundred pesos but not more than two thousand pesos, or
both, in the discretion of the court.
Article
182. Marriage before expiration of 'idda. Any widow or divorced woman
who, having been married under Muslim law or under this code, contracts another
marriage before the expiration of the prescribed 'idda shall suffer the penalty
of a fine not exceeding five hundred pesos.
Article
183. Offenses relative to subsequent marriage, divorce, and revocation of
divorce. A person who falls to comply with the requirements of Articles 85,
161, and 162 of this Code shall be penalized by arresto mayor or a fine of not
less than two hundred pesos but not more than two thousand pesos, or both, in
the discretion of the court.
Article
184. Failure to report for registration. Except as provided in the
article immediately preceding, a person who knowingly fails to perform his duty
under this Code to report for registration any fact concerning the civil status
of persons shall be punished by a fine of not less than one hundred pesos but
not more than one thousand pesos.
Article
185. Neglect of duty by registrars. Any district registrar or circuit
registrar who fails to perform properly his duties in accordance with this Code
shall be penalized in accordance with Section 18 of Act 3753.
(1) Acts executed prior to the effectivity of this
Code shall be governed by the laws in force at the time of their execution, and
nothing herein except as otherwise specifically provided, shall affect their
validity or legality or operate to extinguish any right acquired or liability
incurred thereby.
(2) A marriage contracted by a Muslim male prior to
the effectivity of this Code in accordance with non-Muslim law shall be
considered as one contracted under Muslim law provided the spouses register
their mutual desire to this effect.
Article
187. Applicability Clause. The Civil Code of the Philippines, the Rules
of Court and other existing laws, insofar as they are not inconsistent with the
provisions of this Code, shall be applied suppletorily.
Article
188. Separability clause. If, for any reason, any article or provision
of this Code is held to be invalid, the same shall not affect the other
articles or provisions hereof.
Article
189. Repealing clause. All laws, proclamations, executive orders, rules
and regulations, or any part thereof, inconsistent with provisions of this Code
are hereby correspondingly modified or repealed.