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The fact, too, that Shari'a Courts are called "courts" does not imply that they are on equal footing or are
identical with regular courts, for the word "court" may be applied to tribunals which are not actually judicial in
character, but are quasi-judicial agencies, like the Securities and Exchange Commission, Land Registration
Authority, Social Security Commission, Civil Aeronautics Boards, Bureau of Patents, Trademark and
Technology, Energy Regulatory Board, etc. 1
Moreover, decisions of the Shari'a District Courts are not elevated to this Court by appeal under Rule 41, or by petition for review under Rule 45, of the
Rules of Court. Their decisions are final "whether on appeal from the Shari'a Circuit Court or not" 2 and hence, may reach this Court only by way of a
special civil action under Rule 65 of the Rules of Court, similar to those of the National Labor Relations Commission, or the Central Board of Assessment
Appeals. 3
Furthermore, the qualifications for appointment as a judge of a Shari'a District Court are different from those required of a judge of a Regional Trial Court
under Section 15 of Batas Pambansa Blg. 129 which provides:
Section 15. Qualifications No person shall be appointed Regional trial Court Judge
unless he is a natural born citizen of the Philippines, at least thirty-five years of age, and,
for at least ten years, has been engaged in the practice of law in the Philippines requiring
admission to the practice of law as an indispensable requirement.
In case of Shari'a Court judges, on the other hand, a Special Bar Examination for Shari'a Courts was
authorized by the Supreme Court in its En Banc resolution dated September 20, 1983. Those who pass said
examination are qualified for appointment for Shari'a court judges and for admission to special membership in
the Philippine Bar to practice law in the Shari'a courts pursuant to Article 152, in relation to Articles 148 and
158 of P.D. No. 1083. Said Article 152, P.D. No. 1083 provides, thus:
Art. 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 Sharia' and Islamic jurisprudence (fiqh) to be given by
the Supreme Court for admission to special membership in the Philippine Bar to practice
law in the Shari'a courts.
The authority thus conferred by the Notarial Law upon judges of the Court of First Instance, now the Regional
Trial Court, in their respective provinces to appoint notaries public cannot be expanded to cloth the judges of
the Shari'a District Court with the same statutory authority. The authority to appoint notaries public
contemplated under Section 232 of the Notarial Law and the corresponding supervising authority over them
authorized under Section 248 thereof require the qualifications and experience of an RTC Judge.
It must be made clear in this regard that since a person who has passed the Shari'a Bar Examination does
not automatically become a regular member of the Philippine Bar, he lacks the necessary qualification to be
appointed a notary public. Section 233 of the Notarial Law provides for the qualifications for appointment as
notary public, thus:
Section 233. Qualifications for Appointment. To be eligible for appointment as notary
public, a person must be a citizen of the Philippines (or of the United States) and over
twenty-one years of age. He must, furthermore, be a person who has been admitted to the
practice of law or who has completed and passed in the studies of law in a reputable
university or school of law, or has passed the examination for the office of the peace or
clerk or deputy clerk of court, or be a person who had qualified for the office of notary
public under the Spanish sovereignty.
In the chartered cities and in the capitals of the provinces, where there are two or more
lawyers appointed as notaries public, no person other than a lawyer or a person who had
qualified to hold the office of notary public under the Spanish sovereignty shall hold said
office.
In municipalities or municipal districts where no person resides having the qualifications
herein before specified or having them, refuses to hold such office, judges of first instance
may appoint other persons temporarily to exercise the office of notary public who have the
requisite qualifications or fitness and morality.
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In an En Banc resolution of the Court dated August 5, 1993, in Bar Matter No. 681 "Re: Petition to Allow
Shari'a Lawyers to exercise their profession at the regular courts," this Court categorically stated that a
person who has passed the Shari'a Bar Examination is only a special member of the Philippine Bar and not a
full-fledged member thereof even if he is a Bachelor of Laws degree holder. As such, he is authorized to
practice only in the Shari'a courts.
Only a person duly admitted as members of the Philippine Bar in accordance with the Rules of Court are
entitled to practice law before the regular courts. Section 1, Rule 138 of the Revised Rules of Court provides:
Section 1. Who may practice law. Any person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in accordance with the provisions of this rule, and
who is in good and regular standing, is entitled to practice law.
This Court further emphasized in its resolution in Bar Matter 681, that:
In order to be admitted as member of the Philippine Bar, the candidate must pass an
examination for admission covering the following subjects: Political and International Law;
Labor and Social Legislation; Civil Law and Taxation; Mercantile Law; Criminal Law;
Remedial Law; and Legal Ethics and Practical Exercises (Sec. 11, Rule 138) Further, in
order that a candidate may be deemed to have passed the bar examination, he must have
obtained a general average of 75% in all the aforementioned subjects without failing below
50% in any subject (Sec. 14, Rule 138). On the other hand, the subjects covered by the
special bar examination for Shari'a courts are: (1) Jurisprudence (Fiqh) and Customary
laws (Adat); (2) Persons, Family Relations and Property; (3) Successions,
Wills/Adjudication and Settlement of Property; (4) Procedure in Shari'a Courts (See
Resolution dated September 20, 1983).
It is quite obvious that the subject matter of the two examinations are different. The
Philippine Bar Examination covers the entire range of the Philippine Laws and
jurisprudence, while the Shari'a Bar Examination covers Muslim personal laws and
jurisprudence only. Hence, a person who has passed the Shari'a Bar Examination, who is
not a lawyer, is not qualified to practice law before the regular courts because he has not
passed the requisite examinations for admission as a member of the Philippine Bar.
However, the Shari'a bar lawyer may appear before the Municipal Trial Courts as agent or
friend of a litigant, if appointed by the latter for the purpose but not before the Regional
Trial Courts as only duly authorized members of the Bar may conduct litigations in the
latter court (Sec. 34, Rule 138).
Considering, therefore that a person who has passed the Shari'a Bar Examination is only a special member of
the Philippine Bar and not a full-fledged member thereof even if he holds a Bachelor of Laws Degree, he is
not qualified to practice to qualified to practice law before the regular courts. As a general rule, a Shari'a
Lawyer is not possessed of the basic requisite of "practice of law" in order to be appointed as a notary public
under Section 233 of the Notarial Law in relation to Section 1, Rule 138 of the Revised Rules of Court.
WHEREFORE, the petition to authorize Shari'a District Court Judges to appoint Shari'a Lawyers as notaries
public in their respective jurisdiction is DENIED.
Very Truly Yours,
LUZVIMINDA D. PUNO
Clerk of Court
By:
(Sgd.) MA. LUISA D. VILLARAMA
Assistant Clerk of Court
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Footnotes
1 See Circular 1-91, February 27, 1991.
2 Art 145, P.D. 1083.
3 See Resolution of November 26, 1990, G.R. No. 95895, Heirs of Datu Mangindra
Sinsuat, represented by Lourdes Sinsuat v. Datu Haakon Sinsuat and Hon. Corocoy D.
Moson, Shari'a District Judge; cf., Tampar v. Usman, 200 SCRA 652 (1991); Rulona-Al
Awadhi v. Astih, 165 SCRA 771 (1988).
The Lawphil Project - Arellano Law Foundation
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