Resolution Authorizing the Organization of the Shari'ah Appellate Court

June 8, 1999

EN BANC

A.M. No. 99-4-06-SC

RESOLUTION AUTHORIZING THE ORGANIZATION OF THE SHARI'AH APPELLATE COURT

WHEREAS, R.A. No. 6734, entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, approved on 1 August 1989, has created the Shari'ah Appellate Court. Sections 2 to 12 thereof read as follows:

SEC. 2. There is hereby created a Shari'ah Appellate Court which, together with other Shari'ah and tribal courts, shall have jurisdiction over cases involving persons, family and property relations.

The Regional Assembly shall, in consultation with the Supreme Court, determine the number and the territorial jurisdiction of these courts.

Shari'ah Appellate Court

SEC. 3. The Shari'ah Appellate Court shall be composed of one (1) Presiding Justice and two (2) Associate Justices. Any vacancy shall be filled within ninety (90) days from the occurrence thereof.

SEC. 4. (1) The Justices of the Shari'ah Appellate Court shall possess the same qualifications as those of the Justices of the Court of Appeals and, in addition, shall also be learned in Islamic law and jurisprudence.

(2) The Members of the Shari'ah Appellate Court shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council. The nominees shall be chosen from a list of recommendees submitted by the Regional Assembly. Such appointments need no confirmation.

SEC. 5. The Shari'ah Appellate Court shall have the following powers:

(1) Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, habeas corpus, and other auxiliary writs and processes in aid of its appellate jurisdiction; and

(2) Exercise exclusive appellate jurisdiction over all cases tried in the Shari'ah District Courts as established by law.

SEC. 6. The decisions of the Shari'ah Appellate Court shall be final and executory: Provided, however, That nothing herein contained shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.

SEC. 7. The Presiding and Associate Justices of the Shari'ah Appellate Court shall serve until they reach the age of seventy (70) years, unless sooner removed for cause in the same manner as Justices of the Court of Appeals or become incapacitated to discharge the duties of their office.

SEC. 8. The Presiding and Associate Justices of the Shari'ah Appellate Court shall receive the same compensation and enjoy the same privileges as the Presiding Justice and Associate Justices of the Court of Appeals, respectively.

SEC. 9. (1) The Supreme Court shall, upon recommendation of the Presiding Justice of the Shari'ah Appellate Court, appoint the court administrator and clerk of court of said Appellate Court. Such other personnel as may be necessary for the Shari'ah Appellate Court shall be appointed by the Presiding Justice of said court.

(2) The pertinent provisions of existing law regarding the qualifications, appointment, compensation, functions, duties and other matters relative to the personnel of the Court of Appeals shall apply to those of the Shari'ah Appellate Court.

SEC. 10. The members of the Shari'ah Appellate Court and of other Shari'ah Appellate courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

SEC. 11. The official seat of the Shari'ah Appellate Court shall, unless the Supreme Court decides otherwise, be in the seat of the Autonomous Government.

SEC. 12. Proceedings in the Shari'ah Appellate Court and in the Shari'ah lower courts as are established in the Autonomous Region shall be governed by such special rules as the Supreme Court may promulgate.

WHEREAS, to give meaning to the intent of the Act and to give full appellate relief to parties aggrieved by decision of the Shari'ah District courts, the formal organization of the Shari'ah Appellate Court should not be delayed any longer.

WHEREFORE, the Court hereby RESOLVES that the Shari'ah Appellate Court established by R.A. 6734 be formally organized effective 1 January 2000, and for that purpose, DIRECTS:

1. The Office of the Court Administrator to prepare and submit the required budget for the operation and maintenance of the Shari'ah Appellate Court for the calendar year 2000; and, the Regional Assembly of the Autonomous Region in Muslim Mindanao to submit a list of recommendees for the position of Presiding Justice and the two (2) positions of Associate Justices;

2. The Judicial and Bar Council to consider at least three (3) nominees for each of the above positions from the aforementioned list. The council’s list of nominees shall forthwith be submitted to the President; and

3. The Committee on the Revision of the Rules of Court to draft the Internal Rules of the Shari'ah Appellate Court and, for that purpose, to solicit the assistance of the Court of Appeals Justices Jainal D. Rasul and Omar U. Amin.

The Court further RESOLVES to request the Department of Budget and Management to provide the funds for the budget of the Shari'ah Appellate Court for calendar year 2000.

This resolution shall take effect immediately.

City of Manila, June 8, 1999.

(SGD.) HILARIO G. DAVIDE, JR.Chief Justice

(SGD.) FLERIDA RUTH P. ROMEROAssociate Justice

(SGD.) JOSE A.R. MELOAssociate Justice

(SGD.) JOSE C. VITUGAssociate Justice

(SGD.) VICENTE V. MENDOZAAssociate Justice

(SGD.) LEONARDO A. QUISUMBINGAssociate Justice

(SGD.) BERNARDO P. PARDOAssociate Justice

(SGD.) MINERVA P. GONZAGA-REYESAssociate Justice

(SGD.) JOSUE N. BELLOSILLOAssociate Justice

(SGD.) REYNATO S. PUNOAssociate Justice

(SGD.) SANTIAGO M. KAPUNANAssociate Justice

(SGD.) ARTEMIO V. PANGANIBANAssociate Justice

(SGD.) FIDEL P. PURISIMAAssociate Justice

(SGD.) ARTURO B. BUENAAssociate Justice

(SGD.) CONSUELO YNARES-SANTIAGOAssociate Justice