LECTURE-IN-SPECIAL-COURT-PROCEDURE-2023.

SHARI’AH COURT
PROCESSES AND TRIAL
PROCEDURES
Mujahid M. Cali

CAUSE OF ACTION
CAUSE OF ACTION is the act or omission by
which a party violates a right of another.
ELEMENTS:
1.Legal right of the plaintiff;
2.An obligation of the defendant to respect such right;
3.An act or omission of the defendant in violation of the right
of the plaintiff.

JURISDICTION VS. VENUE
JURISDICTION is the power and
authority of a court to hear, try and decide
a case.
VENUE is the place of trial on which an
action should be brought.

APPLICATION OF THE RULES OF COURT
Section 17. Suppletory Rule in Civil Cases
The Court shall adhere to the sources of Muslim
Law relating to the number, status or quality of
witnesses (‘adala) and evidence required to prove any
fact. Except as herein provided, the Rules of Court
shall apply in a suppletory manner.

APPLICATION OF THE RULES OF COURT
Section 18. Suppletory rule in special offenses
Subject to the next preceding section, all special cases or
offenses cognizable by the court may be filed in such form and
heard in such manner as prescribed by the applicable laws and
the Rules of Court. However, the Court may apply in a
suppletory manner, the principles of Muslim Law.

OFFENSES UNDER PD 1083
SPECIFIC/SPECIAL OFFENSES:
1. Illegal Solemnization of Marriage;
2. Marriage before Expiration of Idda’;
3. Offenses relative to subsequent marriage, divorce, and
revocation of divorce;
4. Failure to report for registration; and
5. Neglect of duty by Registrar.

FILING OF A COMPLAINT
Section 1. Commencement of actions
(da’wah)
All actions and proceedings in the Shari’ah Courts
shall be commenced by Complaint which shall be
prepared at least in triplicate by the plaintiff
(mudda’i) or his counsel (wakil) or by the clerk of
court.

PARTS OF A COMPLAINT
Section 2. Complaint
The complaint shall contain:
1) The title of the case, the case number assigned to it, and the date of
filing;
2) The name and address of the plaintiff and/or his counsel, and the name
and address of the defendant (Mudda’alai); and
3) A concise statement of the cause of action and the relief prayed for.

CAPTION (PETITION)
Republic of the Philippines
SECONDSHARI’AHCIRCUITCOURT
Fourth Shari’ah Judicial District
Marawi City
ALIAH ALIODEN
Petitioner, Civil Case No. _________
For: Divorce by Faskh
-versus-
ALI ALIMANGO,
Respondent.
x--------------------------------------------------/

BODY (PETITION)
P E T I T I O N
COMES NOW the Petitioner, by Counsel, unto this Honorable Court, most respectfully alleges THAT:
1. Petitioner ALIAH ALIODEN (Petitioner for brevity) is of legal age, Filipino-Muslim, a government employee and a resident of Brgy. East Basak, Marawi City
where she may be reached with notices and other Court processes relative to this case;
2. Respondent ALI ALIMANGO (Respondent for brevity) is likewise of legal age, a Filipino-Muslim and with residence at Brgy. Malaig, Wato-Balindong, Lanao
del Sur, where he may be served with summons and other court processes relative to this case;
3. The parties were married in accordance with Islamic Law and Rites on May 26, 2013 at krystal Function Hall, Marawi City. Copy of their Marriage
Certificate is hereto attached as Annex “A”;
4. The parties lived as husband and wife for more than 2 years, but blessed with no child;
5. On August 28, 2015, respondent, without any reason, left the parties’ conjugal home and never returned. He also refused to provide support to petitioner;
6. In a nutshell, respondent failed to perform his marital and financial obligation to petitioner-wife for a period of 8 years; and
7. Earnest efforts necessary to reconcile the parties had already been employed and exhausted, but all proved futile.

BODY (PETITION)
P R A Y E R
WHEREFORE, in light of the foregoing, petitioner respectfully prays to this
Honorable Court that after notice and hearing, judgment be rendered terminating the
marital bonds and relations of the parties.
Other just and equitable reliefs under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED.
November 26, 2023, Marawi City, Philippines.

SIGNATURE AND ADDRESS
(PETITION)
MUJAHID M. CALI
Counsel for the Petitioner
Roll No. 534
LCCI Compound, Awar St., East Basak
Marawi City
Contact No. 09129871383
mujahidcali27@gmail.com

VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
(PETITION)
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, ALIAH ALIODEN, of legal age, Filipino-Muslim and a resident of Brgy. East Basak, Marawi City, after having been sworn to an oath in accordance with law, do hereby depose and state:
1. That I am the petitioner in the above-entitled case; that I have caused the preparation of this petition; that I have read and understood the same and the contents thereof are true and correct of my personal knowledge
and/or based on authentic records;
2. That the petition is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
3. That the factual allegations of the petition have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery; and
4. That, I have not commenced any other action or proceeding involving the same issue with the Supreme Court, Court of Appeals or any of its divisions, or with any other court, tribunal or agency; to the best of my
knowledge no such action involving the same issue is pending; that if I should thereafter learn of any such action or proceeding, I undertake to inform the Honorable Court of such fact within five (5) days from knowledge
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ______th day of November, 2023 at Marawi City, Philippines.
ALIAH ALIODEN
Affiant
SUBSCRIBED AND SWORN TO before me this _____th day of November, 2023 at Marawi City, Philippines, and affiant personally appeared and exhibited to me her _______________________as her
competent evidence of identity.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2023.

SUMMONS
Section 3. Service of Summons
Summons together with the copy of the
complaint shall be served upon the
defendant.

PERSONAL SERVICE
Personal service of summons
The summons shall be served by handing a copy
thereof to the defendant in person and informing
the defendant that he or she is being served, or, if
he or she refuses to receive and sign for it, by
leaving the summons within the view and in the
presence of the defendant.

SUBSTITUTED SERVICE
Substituted service. – If, for justifiable causes, the defendant cannot be served personally
after at least three (3) attempts on two (2) separate dates, service may be effected:
(a) By leaving copies of the summons at the defendant’s residence to a person at least eighteen (18)
years of age and of suitable discretion residing therein;
(b) By leaving copies of the summons at defendant’s office or regular place of business with some
competent person in charge thereof. A competent person includes, but not limited to, one who
customarily receives correspondences for the defendant.
(c) By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowners’ association or condominium
corporation, or its chief security officer in charge of the community or the building where the
defendant may be found; and
(d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the
court.

ANSWER
Section 4. Answer
The defendant shall file an answer
within ten (10) days from receipt of the
summons either personally or by counsel, or
with the assistance of the Clerk of Court.

CAPTION (ANSWER)
Marawi City
ALIAH ALIODEN
Petitioner, Civil Case No. 2023-41
-versus-
ALI ALIMANGO,
Respondent.
x--------------------------------------------------/

BODY (ANSWER)
ANSWER
COMES NOW the Defendant, by himselfl, unto this Honorable Court, most
respectfully alleges THAT:
1. Allegations in Paragraphs 1, 2, 3 and 4 of the petition are admitted;
2. Allegations in paragraphs 5 and 6 are specifically denied for being lies. The truth being the
matter is that petitioner and her parents ejected me from our conjugal house with the use of
force and with firearms pointed at me. I did not give her support because she refused to live
with me; and
3. Allegation in paragraph 7 is admitted but with qualification that the initiative to reconcile
the parties came from the respondent.

BODY (ANSWER)
P R A Y E R
WHEREFORE, in light of the foregoing, respondent respectfully
prays to this Honorable Court that after hearing, judgment be rendered
dismissing the petition for lack of merits.
Other just and equitable reliefs under the premises are likewise prayed
for.
December 2, 2023, Wato-Balindong for Marawi City, Philippines.

SIGNATURE AND ADDRESS
(ANSWER)
ALI ALIMANGO
Respondent
Brgy. Malaig, Wato-Balindong
Lanao del Sur
Contact No. 09123456789

CERTIFICATION AGAINST FORUM
SHOPPING (ANSWER)
CERTIFICATION OF NON-FORUM SHOPPING
I, ALI ALIMANGO, of legal age, Filipino-Muslim and a resident of Brgy. Malaig, Wato-Balindong, Lanao del Sur, after having been sworn to an oath in accordance
with law, do hereby depose and state THAT:
1. I have not commenced any other action or proceeding involving the same issue with the Supreme Court, Court of Appeals or any of its divisions, or with any other court, tribunal or
agency; to the best of my knowledge no such action involving the same issue is pending; that if I should thereafter learn of any such action or proceeding, I undertake to inform the
Honorable Court of such fact within five (5) days from knowledge thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ______th day of December, 2023 at Wato-Balindong, Lanao del Sur, Philippines.
ALI ALIMANGO
Affiant
SUBSCRIBED AND SWORN TO before me this _____th day of December, 2023 at Marawi City, Philippines, and affiant personally appeared and exhibited to me
his_______________________as his competent evidence of identity.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2023.

COUNTERCLAIM
1. COMPULSORY COUNTERCLAIM
2. PERMISSIVE COUNTERCLAIM

COMPULSORY COUNTERCLAIM
(ANSWER)
COMPULSORY COUNTERCLAIM
1. Due to this malicious case, respondent was
compelled to secure the services of a lawyer for
Php. 50,000 as an acceptance fee and Php. 5,000
as an appearance fee;

PERMISSIVE COUNTERCLAIM
(ANSWER)
PERMISSIVE COUNTERCLAIM
1. During the parties’ marriage, they acquired a 2-storey
commercial building with an assessed value of Php.
2,000,000.00, registered under their names;
2. Said property is a conjugal property of the parties,
thus must be partitioned;

AFFIRMATIVE DEFENSE
SPECIAL AFFIRMATIVE DEFENSE
1. The parties are both residents of Wato-
Balindong. None of them is a resident of Marawi
City, thus this Honorable Court is not the proper
venue for this case.

AMENDMENT
1. AMENDMENT AS A MATTER OF RIGHT
2. AMENDMENT BY LEAVE OF COURT
(DISCRETIONARY)
3. FORMAL AMENDMENT
4. SUBSTANTIAL AMENDMENT

FAILURE TO ANSWER
Section 5. Failure to answer
Should the defendant fail to answer the
complaint within ten (10) days from service, the
court shall proceed to receive the evidence ex-
parte upon which judgment shall be rendered.

PRE-TRIAL BRIEF (CAPTION)
Marawi City
ALIAH ALIODEN
Petitioner,
Civil Case No. 2023-41
-versus-
ALI ALIMANGO,
Respondent.
x--------------------------------------------------/

PRE-TRIAL BRIEF (BODY)
PETITIONER’S PRE-TRIAL BRIEF
THE PETITIONER, by counsel, unto this Honorable Court, most respectfully submit her pre-trial
brief, as follows:
I. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Subject to a fair and reasonable proposal and reciprocal manifestation of openness from the
respondent, petitioner is open to the possibility of amicably settling this dispute. She is further open for the
creation of the Agama Arbitration Council in accordance with the provisions of P.D. No. 1083.
II. SUMMARY OF ADMITTED FACTS
Respondent admits allegations in paragraphs 1, 2, 3 and 4 of the petition. He also admitted though
with qualification paragraph 7 of the petition.

III. PROPOSED STIPULATION OF FACTS
The petitioner respectfully proposes the following stipulations THAT:
1. On august 28, 2015, respondent without any reason, left the parties’ conjugal home and never returned. He also refused to provide support to
petitioner; and
2. The respondent then failed to perform his marital and financial obligation to petitioner-wife for a period of 8 years.
IV. THE ISSUES TO BE RESOLVED
1. Whether or not petitioner is entitled to divorce by faskh.
V. WITNESSES AND DOCUMENTS TO BE PRESENTED
The following are the witnesses to be presented:
1. The petitioner herself;
2. Almary Cabugatan;
3. Others reserved.
The following are the documentary evidence to be presented:
1. The judicial affidavit of the petitioner;
2. The judicial affidavit of Almary Cabugatan;
3. The marriage certificate of the parties;
4. Others reserved.

VI. APPLICABLE LAWS AND JURISPRUDENCE
1. Presidential Decree No. 1083, otherwise known as the code on Muslim Personal Laws of the Philippines;
2. Republic Act No. 11054, otherwise known as the “Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao”;
3. The New Civil Code of the Philippines;
4. Other relevant laws and jurisprudence.
VII. PROPOSED TRIAL DATES
The plaintiffs require at least seven (3) calendar dates.
Marawi City, 20 December 2023.
MUJAHID M. CALI
Counsel for the Petitioner
Roll No. 534
PTR No. 0342765Q
LCCI Compound, Awar St., East Basak
Marawi City
Contact No. 09129871383
Copy Furnished:
ALI ALIMANGO
Respondent
Brgy. Malaig
Wato-Balindong
Lanao del Sur

PRE-TRIAL CONFERENCE
Section 6. Pre-trial
(1) Not later than thirty (30) days after the answer is
filed, the case shall be calendared for pre-trial. Should
the parties fail to arrive at an amicable settlement
(sulh), the court shall clarify and define the issues of
the case which shall be set forth in a pre-trial order.

AGAMA ARBITRATION COUNCIL
Section 19. Agama arbitration; how conducted
The Agama Arbitration council, after its constitution pursuant to
the provisions of the Code of Muslim Personal Laws, shall conduct the
arbitration proceedings in accordance with the method it deems
appropriate, taking into consideration the circumstances of the dispute,
the conciliation of the parties, the interests of the children, if any, and
other third parties involved, and the need for a speedy settlement of the
dispute. However, no arbitration proceedings shall take place ex parte.

AGAMA ARBITRATION COUNCIL
THE CONSTITUTION OF THE AAC IS
MANDATORY IN THE FOLLOWING CASES:
1)Divorce by Talaq;
2)Divorce by tafwid;
3)Subsequent marriages; and
4)Offenses against customary law.

(2) Within ten (10) days from receipt of such order, the parties
or counsels shall forthwith submit to the court the statement of
witnesses (shuhud) and other evidence (bayyina) pertinent to
the issues so clarified and defined, together with the
memoranda setting forth the law and the facts relied upon by
them.

PRE-TRIAL ORDER
1.ISSUES
2.ORDER to submit testimonies of
witnesses (Judicial Affidavit), Other
Evidence (e.g. documentary evidence
attached to the Judicial Affidavit) and
Memorandum

(3) Should the court find, upon consideration of
the pleadings, evidence and memoranda, that a
judgment may be rendered without need of a
formal hearing, the court may do so within
fifteen (15) days from the submission of the case
for decision.

JUDGMENT WITHOUT TRIAL
1.Summary judgment
2.Judgment on the pleadings

TRIAL
Section 7. Hearing or trial
(1) The plaintiff (mudda’i) has the burden of proof and the taking of an
oath (yamin) rests upon the defendant (mudda’alai). If the plaintiff has
no evidence to prove his claim, the defendant shall take an oath and
judgment shall be rendered in his favor by the court. Should the
defendant refuse to take an oath, the plaintiff shall affirm his claim under
oath, in which case judgment shall be rendered in his favor. Should the
plaintiff refuse to affirm his claim under oath, the case shall be dismissed.

YAMIN
Section 14. Administration of Oath
(1) An oath (yamin) legally binding in a manner and form observed under Muslim Law may, by order
of the court, be administered upon any of the parties who are Muslims to establish a fact, or to
affirm any evidence presented. Such oath may constitute as proof in the absence of any other
evidence.
(1) No person shall be allowed to take an oath unless he is qualified under Muslim Law and is fully
aware of the solemnity of the oath or the import of the solemn affirmation. Any person who is to take
an oath or solemn affirmation in accordance with Muslim Law shall be given reasonable time to
think it over.
(1) The court shall set an appropriate time, date and place of oathtaking or of solemn affirmation by
such person. If, at any time before such appointed date, the party who is required to take an oath or
a solemn affirmation refuses to do so (nukul), the court may, in its discretion, direct the person, if he
is the plaintiff, to withdraw his claim, or in case of the defendant, to admit the claim of the plaintiff.

TRIAL
(2) If the defendant admits the claim of the
plaintiff, judgment shall be rendered in his favor
by the court without further receiving evidence.

TRIAL
(3) If the defendant desires to offer defense, the party against
whom judgment would be given on the pleadings and
admissions made, if no evidence was submitted, shall have the
burden to prove his claim. The statement submitted by the
parties at the pre-trial shall constitute the direct testimonies of
the witnesses as basis for cross-examination.

TRIAL (PLAINTIFF’S TURN)
PLAINTIFF: DEFENDANT:
A. Presentation of evidence:
1. Direct Examination 1. Cross Examination
2. Re-direct Examination 2. Re-cross Examination
B. Formal Offer of Exhibits Comment/Opposition
Demurrer to Evidence
C. Resolution by the Court

TRIAL (DEFENDANT’S TURN)
DEFENDANT: PLAINTIFF:
A. Presentation of evidence:
1. Direct Examination 1. Cross Examination
2. Re-direct Examination 2. Re-cross Examination
B. Formal Offer of Exhibits Comment/Opposition
Demurrer to Evidence
C. Resolution by the Court

PRE-JUDGMENT REMEDY
MOTION FOR REOPENING OFTRIAL
-Additional evidence
*PROHIBITED UNDER SECTION 13

JUDGMENT
Section 8. Judgment
(1) The judgment shall be rendered within fifteen
(15) days from the termination of the trial or
disposition of the case, should there be no formal
trial or hearing.

JUDGMENT
Section 8. Judgment
(2) The judgment shall become final and executory
upon the expiration of the period to appeal. Once the
judgment become final and executory, the court motu
proprio shall immediately issue the writ of execution
for the satisfaction of the judgment.

POST-JUDGMENT REMEDIES
1.MOTION FOR RECONSIDERATION
2.MOTION FOR NEW TRIAL
3.APPEAL
4.PETITION FOR RELIEF FROM
JUDGMENT

MOTION FOR RECONSIDERATION
GROUNDS:
1. Excessive Fines;
2. The evidence is insufficient to justify the
decision; and
3. The Decision is Contrary to Law.

MOTION FOR NEW TRIAL
GROUNDS:
1. Fraud, Accident, Mistake or Excusable
negligence (FAME)
2. Newly discovered evidence

APPEAL
1. Shari’ah Circuit Court to Shari’ah District Court
Section 9. Appeal
An appeal shall be made by filing notice of appeal addressed to the court and by paying
the docket fee within fifteen (15) days from receipt of judgment.
Section 10. Appeal to the Shari’ah District Court
Within five (5) days from the perfection of the appeal, the Clerk of Court shall transmit the
records to the appropriate appellate court.

APPEAL
2. Shari’ah District Court to the Supreme Court
Section 11. Appeal to the Supreme Court
Upon receipt of the original records, transcripts and exhibits, the
Clerk of Court of the Shari’ah District Court shall notify the parties of such
fact.

APPEAL
SHARI’AH CIRCUIT COURT - to - SHARI’AH DISTRICT COURT
Section 9. Appeal
An appeal shall be made by filing notice of appeal
addressed to the court and by paying the docket fee within
fifteen (15) days from receipt of judgment.

APPEAL
SHARI’AH DISTRICT COURT - to - Shari’ah
High Court (Court of Appeals)
Rule 41 - ordinary appeal
Notice of Appeal and appeal fee
15 days

APPEAL
Shari’ah Circuit Court - to – Shari’ah District Court – to – Court of Appeals
Rule 42 – Petition for Review
file a petition in the appellate court (CA)
15 days (extendable)

APPEAL
Court of Appeals – to – Supreme Court
Rule 45 – petition for Certiorari on purely
question of law
15 days (extension: 30 days)

APPEAL
Court of Appeals to Supreme Court
Rule 65 - special civil action of certiorari on
error of jurisdiction
60 days

APPEAL
Shari’ah District Court - to – Supreme Court
Rule 45 on question of law
Rule 65 on error of jurisdiction

PLEADINGS AND MOTIONS DISALLOWED
The court shall not allow the filing of the following pleadings, petitions or
motions, to wit:
a. Motion to dismiss or to quash;
b. Motion for a bill of particulars;
c. Motion for extension of time to file pleadings or any other paper;
d. Motion to declare defendant in default;

PLEADINGS AND MOTIONS DISALLOWED
The court shall not allow the filing of the following pleadings, petitions or motions, to
wit:
e. Reply, third party complaints, or intervention;
f. Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
g. Petition for relief from judgment;
h. Motion for new trial or reopening of trial; and
i. Any dilatory motion for postponement.

LECTURE-IN-SPECIAL-COURT-PROCEDURE-2023.

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