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Other Matters:
REVISED RULES ON SUMMARY PROCEDURE
RESOLUTION OF THE COURT EN BANC DATED OCTOBER
15, 1991 PROVIDING FOR THE REVISED RULE ON SUMMARY
PROCEDURE FOR METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of
1980 (B.P Blg. 129) and to achieve an expeditious and
inexpensive determination of the cases referred to herein, the
Court Resolved to promulgate the following Revised Rule on
Summary Procedure:
I.
Applicability
Section 1. Scope. — This rule shall govern the summary
procedure in the Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, and the Municipal
Circuit Trial Courts in the following cases falling within their
jurisdiction:
A. Civil Cases:
(1) All cases of forcible entry and unlawful detainer, irrespective of
the amount of damages or unpaid rentals sought to be recovered.
Where attorney's fees are awarded, the same shall not exceed
twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the
total amount of the plaintiff's claim does not exceed ten thousand
pesos (P10,000.00), exclusive of interest and costs.
A. M. No. 08-8-7-SC February 1, 2016
THE REVISED RULES OF PROCEDURE FOR SMALL CLAIMS
CASES
RESOLUTION
Section 1. Title. - These Rules shall be known as "The Revised
Rules of Procedure for Small Claims Cases."
Section 2. Scope. - These Rules shall govern the procedure in
actions before the Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and
Municipal Circuit Trial Courts (MCTCs) for payment of money
where the value of the claim does not exceed Two Hundred
Thousand Pesos (P200,000.00) exclusive of interest and costs.
Section 3. Objectives. -
(a) To protect and advance the constitutional right of
persons to a speedy disposition of their cases;
(b) To provide a simplified and inexpensive procedure
for the disposition of small claims cases; and,
(c) To introduce innovations and best practices for the
benefit of the underprivileged.
Section 4. Definition of Terms. - For purposes of this Rule:
(a) Plaintiff refers to the party who initiated a small
claims action. The term includes a defendant who has
filed a counterclaim against plaintiff;
(b) Defendant is the party against whom the plaintiff has
filed a small claims action. The term includes a plaintiff
against whom a defendant has filed a claim, or a person
who replies to the claim;
(c) Person is an individual, corporation, partnership,
limited liability partnership, association, or other juridical
entity endowed with personality by law;
(d) Individual is a natural person;
(e) Motion means a party's request, written or oral, to
the court for an order or other action. It shall include an
informal written request to the court, such as a letter;
(f) Good cause means circumstances sufficient to justify
the requested order or other action, as determined by
the judge; and,
(g) Affidavit means a written statement or declaration of
facts that are sworn or affirmed to be true.
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A
SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN"
AND FOR OTHER PURPOSES
WHEREAS, the new Constitution declares that a public office is a
public trust and ordains that public officers and employees shall
serve with the highest degree of responsibility, integrity, loyalty
and efficiency and shall remain at all times accountable to the
people;
WHEREAS, to attain the highest norms of official conduct required
of public officers and employees, Section 5, Article XIII of the New
Constitution provides for the creation of a special court to be
known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree as follows:
Section 1. Sandiganbayan; composition; qualifications; tenure;
removal and composition. A special court, of the same level as the
Court of Appeals and possessing all the inherent powers of a court
of justice, to be known as the Sandiganbayan is hereby created
composed of a Presiding Justice and eight Associate Justices who
shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate
Justice of the Sandiganbayan; unless he is a natural-born citizen
of the Philippines, at least 40 years of age and for at least ten
years has been a judge of a court of record or been engaged in
the practice of law in the Philippines or has held office requiring
admission to the bar as a pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission
and the other Justices shall have precedence according to the
dates of their respective commissions, or, when the commissions
of two or more of them shall bear the same date, according to the
order in which their commissions have been issued by the
President.
The Presiding Justice and the Associate Justices shall not be
removed from office except on impeachment upon the grounds
and in the manner provided for in Sections 2, 3 and 4 of Article XIII
of the 1973 Constitution.
The Presiding Justice shall receive an annual compensation of
P60,000.00 and each Associate Justice P55,000.00 which shall
not be diminished during their continuance in office. They shall
have the same rank, privileges and other emoluments, be subject
to the same inhibitions and disqualifications, and enjoy the same
retirement and other benefits as those provided for under existing
laws of the Presiding Justice and Associate Justices of the Court
of Appeals.
Whenever the salaries of the Presiding Justice and the Associate
Justices of the Court of Appeals are increased, such increases in
salaries shall be correspondingly extended to and enjoyed by the
Presiding Justice and the Associate Justices of the
Sandiganbayan.
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They shall hold office until they reach the age of 65 years or
become incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The
Sandiganbayan shall have its principal office in the Metro Manila
area and shall hold sessions thereat for the trial and determination
of all cases filed with it irrespective of the place where they may
have arisen; Provided, however, that the Presiding Justice may
authorize any division or divisions of court to hold sessions at any
time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts. Whenever
necessary, the Sandiganbayan may require the services of the
personnel and the use of the facilities of any agency of the
Government, national or local, including the courts of first instance
of the province where any of the divisions is holding session, and
those personnel of such agencies or courts shall be subject to the
orders of the Sandiganbayan.
Section 3. Divisions of the Courts; Quorum. The Sandiganbayan
shall sit in three divisions of three Justices each. The three
divisions may sit at the same time.
Three Justices shall constitute a quorum for session in division;
Provided, that when the required quorum cannot be had due to the
legal disqualification or temporary disability of a Justice or of a
vacancy occurring therein, the President shall, upon
recommendation of the Presiding Justice, designate any Justice of
the Court of Appeals or Judge of the Court of First Instance or of
the Circuit Criminal Court of the judicial district concerned to sit
temporarily therein.
Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction
over:
(a) Violations of Republic Act No. 3019, as amended,
otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees
including those employed in government-owned or
controlled corporations, embraced in Title VII of the
Revised Penal Code, whether simple or complexed with
other crimes; and
(c) Other crimes or offenses committed by public officers
or employees, including those employed in government-
owned or controlled corporations, in relation to their
office.
the criminal case is hereafter filed with the Sandiganbayan, said
civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, that, in
cases within the concurrent jurisdiction of the Sandiganbayan and
the regular courts, where either the criminal or civil action is first
filed with the regular courts, the corresponding civil or criminal
action, as the case may be, shall only be filed with the regular
courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are
criminal cases against officers and members of the armed forces
in the active service.
Section 5. Proceedings, how conducted; votes required. The
unanimous vote of the three justices in a division shall be
necessary for the pronouncement of a judgment. In the event that
the three justices do not reach a unanimous vote, the Presiding
Judge shall designate two other justices from among the members
of the Court to sit temporarily with them, forming a division of five
justices, and the concurrence of a majority of such division shall
be necessary for rendering judgment.
Section 6. Maximum period for termination of cases. As far as
practicable, the trial of cases before the Sandiganbayan once
commenced shall be continuos until terminated and the judgment
shall be rendered within three (3) months from the date the case
was submitted for decision.
Section 7. Form, finality and enforcement of decisions. Decisions
and final orders of the Sandiganbayan shall contain complete
findings of facts on all issues properly raised before it.
A petition for reconsideration of any final order or decision maybe
filed within (15) days from promulgation or notice of the final order
or judgment, and such petition for reconsideration shall be decided
within thirty (30) days from submission thereon.
Decisions and final orders shall be subject to review on certiorari
by the Supreme Court in accordance with Rule 45 of the Rules of
Court. The Supreme Court shall decide any case on appeal
promptly and without the necessity of placing it upon the regular
calendar. Whenever, in any case decided, the death penalty shall
have been imposed, the records shall be forwarded to the
Supreme Court, whether the accused shall have appealed or not,
for review and judgment, as law and justice shall dictate.

The jurisdiction herein conferred shall be original and exclusive if

Final judgments and orders of the Sandiganbayan shall be
the offense charged is punishable by a penalty higher than prision
executed and enforced in the manner provided by law.
correccional, or its equivalent, except as herein provided; in other
offenses, it shall be concurrent with the regular courts.
Section 8. Transfer of cases. As of the date of the effectivity of
this decree, any case cognizable by the Sandiganbayan within its
In case private individuals are charged as co-principals,
exclusive jurisdiction where none of the accused has been
accomplices or accessories with the public officers or employees
arraigned shall be transferred to the Sandiganbayan.
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and
employees. Section 9. Rule-making Power. The Sandiganbayan shall have
the power to promulgate its own rules of procedure and, pending
such promulgation, the Rules of Court shall govern its
Where an accused is tried for any of the above offenses and the
proceedings.
evidence is insufficient to establish the offense charged, he may
nevertheless be convicted and sentenced for the offense proved,
included in that which is charged. Section 10. Authority over internal affairs. The Sandiganbayan
shall administer its own internal affairs and may adopt such rules
governing the constitution of its divisions, the allocation of cases
Any provision of law or the Rules of Court to the contrary
among them, the rotation of justices and other matters relating to
notwithstanding, the criminal action and the corresponding civil
its business.
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the Sandiganbayan, Section 11. Proceeding free of charge. All proceedings in the
the filing of the criminal action being deemed to necessarily carry Sandiganbayan shall be conducted at no cost to the complainant
with it the filing of the civil action, and no right to reserve the filing and/or his witnesses.
of such action shall be recognized; Provided, however, that, in
cases within the exclusive jurisdiction of the Sandiganbayan,
No criminal information or complaint shall be entertained by the
where the civil action had therefore been filed separately with a
Sandiganbayan except upon a certification by the Investigating
regular court but judgment therein has not yet been rendered and
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Prosecutor of the existence of a prima facie case to be determined
after a preliminary investigation conducted in accordance with
applicable laws and approved by the Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan shall
reelect and appoint such personnel as it may deem necessary to
discharge its functions under this Decree including a Clerk of
Court and three (3) Deputy Clerks of Court who shall be members
of the Bar.
The Clerk of Court shall have an annual compensation of
P36,000.00 and the Deputy Clerks of Court, P30,000.00.
All other subordinate employees of the Sandiganbayan shall be
governed by the provisions of the Civil Service Law; Provided, that
the Sandiganbayan may, by resolution en banc, remove any of
them for cause.
Section 13. Report to the President. The Sandiganbayan shall
submit an annual report to the President, including all
disbursements of funds entrusted to it, within two months from the
end of the Fiscal Year.
Section 14. Funding. There is hereby immediately appropriated
the sum of Five Million Pesos (P5,000.00) out of any funds in the
National Treasury to carry out the provisions of this Decree and
thereafter to be included in the general appropriations act. The
appropriations for the Sandiganbayan shall be automatically
released in accordance with a schedule submitted by the
Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any
section or provision of this Decree is declared to be
unconstitutional or invalid, other sections or provisions thereof
which are not affected thereby, shall continue in full force and
effect.
Section 16. Repealing Clause. This Decree hereby repeals
Presidential Decree No. 1486 and all other provisions of law,
General Orders, Presidential Decrees, Letters of Instructions, rules
or regulations inconsistent herewith.
Section 17. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of December, in the year
of Our Lord, nineteen hundred and seventy-eight.
RULES OF THE SANDIGANBAYAN
Pursuant to the provisions of Section 5 of Article XIII of the
Constitution of the Philippines, as implemented by Presidential
Decree No. 1606, the Sandiganbayan hereby adopts and
promulgates the following rules to govern the conduct of its
business.
RULE I
TITLE AND CONSTRUCTION
Section 1. Title of the Rules. These Rules shall be known and
cited as the Rules of the Sandiganbayan.
Section 2. Construction. These Rules shall be liberally construed
in order to promote their objectives and to achieve a just,
expeditious and inexpensive determination of every action and
proceeding before the Sandiganbayan.
RULE II
CONTROL OF FUNCTIONS AND SUCCESSION
Section 1. Exclusive Control. Except as otherwise provided by the
Constitution and Presidential Decree No. 1606, the
Sandiganbayan shall have exclusive control, direction and
supervision of all matters pertaining to its internal affairs and the
operation of its business.
Section 2. Succession in the Office of the Presiding Justice. In
case of vacancy in the position of Presiding Justice of the
Sandiganbayan or his temporary incapacity to exercise the powers
and perform the duties of his office, the same shall devolve upon
the qualified most senior Associate Justices until such incapacity
is removed or another Presiding Justice is appointed and has duly
qualified.
RULE III
COMPOSITION OF DIVISIONS
Section 1. How Divisions Constituted. The Sandiganbayan shall
consist of three divisions which shall be known as the First
Division, Second Division, and Third Division, and shall each be
composed of Presiding Justice and the first two Associate Justices
in the order of precedence as the respective Chairmen; the next
three Associate Justices in the order of precedence as the
respective senior members; and the last three Associate Justices
in the order of precedence as the respective junior members.
However, until the entire complement of the Sandiganbayan shall
have been appointed and qualified, the Presiding justice and the
two Associate Justices first appointed and qualified shall constitute
the First Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the
composition of a division, whether permanent or temporary, the
Presiding Justice may designate an Associate Justice of the Court,
to be determined by strict rotation on the basis of the reverse order
of precedence, to sit as a special member of said division with all
the rights and prerogatives of a regular member of said division in
the trial and determination of cases assigned thereto, unless the
operation of the other divisions of the Court will be prejudiced
thereby, in which case, the procedure provided in Section 3, Rule
VIII of these Rules shall apply.
RULE IV
FILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the
Sandiganbayan be conducted at no cost to the complainant and/or
his witnesses.
Section 2. Preliminary Investigation Necessary. No criminal
information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the investigating
Prosecutor of the existence of a prima facie case to be determined
after a preliminary investigation conducted in accordance with
applicable laws and approved by the Chief Special Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the
Sandiganbayan shall be filed with the Office of the Clerk of Court
of the Sandiganbayan which shall be open for the purpose of
receiving complaints, information, motions and the like from eight
to twelve o'clock in the morning and twelve thirty to four-thirty
o'clock in the afternoon, on Mondays to Fridays, except on public
or special holidays.
RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the
Sandiganbayan shall be allotted among the three divisions for
hearing and decision by raffle to be conducted by a Raffle
Committee composed of the Presiding Justice and the two most
senior Associate Justices available, on such days as may
hereafter be fixed by the Presiding Justice depending upon the
need for such raffle to be made in view of the number of cases
filed, with notice to the interested parties who may, if they so
desire, be present therein by themselves or through counsel.
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Section 2. Consolidation of Cases. Cases arising from the same
incident on series of incidents, or involving common questions of
fact and law, may, in the discretion of Sandiganbayan, be
consolidated in only one division. Should the propriety of such
consolidation appear upon the filing of the cases concerned and
before they are raffled, all such cases shall be considered as one
case for purposes of the raffle; but, should the propriety of such
consolidation may be affected upon motion of an interested party
filed with the division taking cognizance of the case to be
consolidated and, if granted, consolidation shall be made in the
division before which the case with the lowest number is pending.
In either case, the division in which consolidation is effected shall
be entitled to be credited in the distribution of cases with the same
number of cases transferred to it to the end that all divisions shall,
as much as possible, receive more or less the same number of
cases filed with the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a
division of the Sandiganbayan in accordance with these Rules
shall remain with said division notwithstanding changes in the
composition thereof and all matters raised therein shall be deemed
to be submitted for consideration and adjudication by any and all
of the Justices who are members of the division aforesaid at the
time said matters are taken up, irrespective of whether they were
or were not members of the division at the time the case was first
assigned thereto: Provided, however, That only Justices who are
members of the division at the time a case is submitted for
decision shall take part in the consideration and adjudication of
said case, unless any such member thereafter ceases to be a
member of the Sandiganbayan for any reason whatsoever in
which case any Justice chosen to fill the vacancy in accordance
with the manner provided in Section 2, Rule III, of these Rules
shall participate in the consideration and adjudication of said case;
Provided, lastly, that the Sandiganbayan en banc may, for special
or compelling reasons, transfer cases from one division thereof to
another.
RULE VI
PROCESSES
Processes and writs of the Sandiganbayan which by their nature
or by provision of existing laws or the Rules of Court are to be
issued under the signature of a Judge or a Justice shall be signed
by the Chairman of the division concerned: Provided, That if there
is an urgent necessity for the issuance thereof before the case is
raffled to a division, the same shall be signed by the Presiding
Justice. In the absence of the Presiding Justice or the Chairman
aforesaid, the process or writ shall be signed by the senior
Associate Justice in the Sandiganbayan or in the divisions
concerned, respectively. All other processes or writs issued upon
authority of the Sandiganbayan or a division thereof shall be
signed by the Clerk of Court or, in his absence, by the Deputy
Clerk of Court of the division concerned.
RULE VII
BAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be
posted in cases in the Sandiganbayan shall be fixed by the
Chairman of the division thereof to which they are assigned; and
such bail may be approved by any Justice of the Sandiganbayan,
but preferably by a Justice of the division concerned: Provided,
however, That where the accused is arrested, detained or
otherwise placed in custody outside the Metropolitan Manila area,
any judge of the Court of First Instance or Circuit Criminal Court
may accept and approve the bail for his appearance before the
division to which his case is assigned and release him, and shall
inform the division issuing the order of arrest of his action,
forwarding thereto the papers in this case.
Section 2. Condition of the Bail. The condition of the bail is that
the accused shall appear and answer the complaint or information
in the division of the Sandiganbayan to which it is assigned or
transferred for trial and submit himself to the orders and processes
thereof and, after conviction, if the case is appealed to the
Supreme Court, that he will surrender himself for the execution of
such judgment as the Supreme Court may render; or, that, in case
the cause is to be tried anew or remanded for a new trial, he will
appear in the division to which it may be remanded and submit
himself to the orders and processes thereof.
RULE VIII
SESSIONS AND TRIAL
Section 1. How Sessions Held. The Sandiganbayan shall for
administrative purposes, sit en banc; and, for the trial and
determination of cases, sit in three divisions of three Justices
each. The three divisions may sit at the same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en
banc shall be presided by the Presiding Justice; whereas sessions
in division shall be presided by the respective Chairman of each
division. In the absence of the Presiding Justice or the Chairman
of a division, as the case may be, the Associate Justice attending
the session en banc or in division who is first in the order of
precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for
sessions en banc, and three Justices for sessions in division:
Provided, That when a quorum and/or the votes required for a
resolution or decision of the Sandiganbayan, either en banc or in
division, or the trial or hearing of cases cannot be had due to the
legal disqualification or temporary disability of a Justice or of a
vacancy occurring therein, the President shall, upon
recommendation of the Presiding Justice, designate any Justice of
the Court of Appeals, Judge of the Court of First Instance or of the
Circuit Criminal Court to sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the
Sandiganbayan, whether en banc or in division, shall be held in
the place of its principal office in the Metropolitan Manila area
where it shall try and determine all cases filed with it irrespective of
the place where they may have arisen: Provided, however, That
the Presiding Justice may authorize any division or divisions of the
Court to hold sessions at any time and place outside Metropolitan
Manila to hear and decide cases emanating therefrom. For this
purpose and whenever necessary, the Sandiganbayan may
require the services of the personnel and the use of the facilities of
any agency of the Government, national or local, including the
Courts of First Instance or Circuit Criminal Court of the province or
city where any of the divisions is holding session, and those
personnel of such agencies or courts shall be subject to the orders
of the Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the
Sandiganbayan en banc may be called at any time by the
Presiding Justice or at the instance at least five Associate
Justices. Sessions for the trial of cases cognizable by it shall be
held on such days and at such times as the divisions thereof may,
by order and upon notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an accused
who pleads not guilty, the division concerned shall, without
prejudice to the invocation by the accused of his constitutional
rights, direct the prosecutor and the accused and his counsel to
appear before any of the Justices thereof for a conference to
consider;
(a) Admissions of facts about which there can be no
dispute;
(b) Marking for identification of documentary or real
evidence of the parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple
counsel;
(e) Order of presentation of evidence and arguments
where there are multiple accused;
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(f) Order of cross-examination where there are multiple
accused; and
(g) Such other matter as will promote a fair and
expeditious termination of the trial.
After the pre-trial inquest, a pre-trial order shall be issued by the
Associate Justice presiding the conference reciting the actions
and/or proceedings taken thereat, the admissions of facts made,
the documents and real evidence marked, and the agreement
entered into by the parties as to any of the matters taken up
therein. Such order shall limit the issues for trial to those not
disposed of by the admissions or agreements of the parties and
when entered shall blind the parties and control the course of the
action during the trial, on appeal, and in post-conviction
proceedings, unless modified by the division concerned before trial
to prevent manifest injustice.
RULE IX
MOTIONS
Section 1. Motion Day. The first hours of the morning session of
the divisions every Friday shall be devoted to the hearing of
motions, unless, upon motion of an interested party and for special
reasons, the division concerned shall fix another day for the
hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental
Motions. Rulings on all written motions submitted to the
Sandiganbayan or any division thereof for resolution shall be
reached in consultation among the Justices participating in the
consideration thereof: Provided, however, That rulings on oral
motions or on objections made in the course of the trial or hearing
shall be handed down by the Chairman of the division concerned.
RULE X
JUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of
three Justices in a division shall be necessary for the rendition of a
judgment or order. In the event that the three Justices do not
reach a unanimous vote, the Presiding Justice shall designated by
raffle two Justices from among the other members of the
Sandiganbayan to sit temporarily with them forming a special
division of five Justices, and the vote of a majority of such special
division shall be necessary for the rendition of a judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a
division of the Sandiganbayan in any case submitted to it for
decision shall be reached in consultation before the case is
assigned to a Justice for the writing of the opinion of the division.
Any Justice dissenting from a judgment shall state the reasons for
his dissent.
Section 3. Maximum Period to Decide Cases. The judgment or
final order of a division of the Sandiganbayan shall be rendered
within three (3) months from the date the case was submitted for
decision.
Section 4. Form of judgment and final order of a division of the
Sandiganbayan shall contain complete findings of fact and a
statement of the law on all issues properly raised before it.
RULE XI
PROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be
promulgated by reading the judgment or sentence in the presence
of the accused and any Justice of the division which rendered the
same: Provided, That, if the accused is confined or detained in a
place outside Metropolitan Manila or of the city or province in
which any division of the Sandiganbayan is sitting at the time of
such promulgation, the judgment may, upon delegation by the
division concerned be promulgated by any judge of the Court of
First Instance or Circuit Criminal Court having jurisdiction over the
place of confinement or detention, in which event the Court so
promulgating the judgment shall have authority to accept and
approve the appeal bond.
RULE XII
PETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of a
judgment or final order of a division of the Sandiganbayan, unless
said judgment or order had in the meantime otherwise attained
finality, a petition for the reconsideration thereof may be filed upon
the grounds, in the form and subject to the requirements, for
motions for new trial in criminal cases under Rule 121 of the Rules
of Court, and such petition for reconsideration shall be decided
within thirty (30 days from submission thereof.
RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. A party may appeal from a
judgment or final order of a division of the Sandiganbayan by filing
with the Supreme Court a petition for certiorari in accordance with
Rule 45 of Rules of Court and by serving a copy thereof to the
Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been
imposed, the records shall be forwarded to the Supreme Court,
whether the accused shall have appealed or not, for review and
judgment, as law and justice shall dictate.
Section 2. Bail Pending Appeal. An accused who has been
released on bail shall not committed to jail upon conviction
pending the expiration of the period for appeal or pending an
appeal seasonably taken, except when the penalty imposed is
reclusion perpetua or death, in which case, the accused may
forthwith be committed to jail after promulgation of the sentence.
The division of the Sandiganbayan concerned, however, may, for
good cause, cancel the bond or increase the amount of bail and
commit the accused into custody pending appeal, unless he gives
bail in the increased amount. The surely shall also be responsible
for the surrender or the accused after judgment shall have become
final.
RULE XIV
PUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of
the Sandiganbayan may be published in the Official Gazette in the
language in which they have been originally written. The syllabi for
the decisions shall be prepared by the Clerk of Court in
consultation with writers thereof.
RULE XV
APPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be
modified from time to time by the Sandiganbayan and insofar as
practicable, the Rules of Court shall govern proceedings in the
Sandiganbayan.
RULE XVI
SEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular
in form, consisting of two concentric circles as its margin, with the
inscription, running from left to right, on the upper margin of the
word "Sandiganbayan" and on the lower margin of the words
"Republika ng Pilipinas"; with 16 stars, representing the existing
16 judicial districts, immediately along the outer edge of the inner
circle; and with a design at the center of a triangle, with a trisected
area composed of the national colors of white on its upper part,
blue on the left and red on the right, with the words "KATAPATAN"
on the right side, "KAPANAGUTAN" on the left side, and
"KARANGALAN" on the base; a star in each corner of the triangle
6
representing Luzon, Visayas and Mindanao; and a bolo inside the
triangle on which is superimposed a balance.
RULE XVII
SEPARABILITY CLAUSE
If, for any reason, any section or provision of these Rules shall be
held to be unconstitutional or invalid, no other section or provision
thereof shall be effected thereby.
RULE XVIII
EFFECTIVITY
The Rules shall take effect upon approval.
Done in the City of Manila, this 10th day of January, in the year of
Our Lord, nineteen hundred and seventy-nine.
PRESIDENTIAL DECREE No. 1083
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:
BOOK ONE
GENERAL PROVISIONS
TITLE I
TITLE AND PURPOSES OF CODE
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;
(b) Codifies Muslim personal laws; and
(c) Provides for an effective administration and
enforcement of Muslim personal laws among Muslims.
TITLE II.
CONSTRUCTION OF CODE AND DEFINITION OF TERMS
Article 3. Conflict of provisions.
(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.
Article 4. Construction and interpretation.
(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.
Article 6. Conflict in Islamic schools of law.
(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.
Article 7. Definition of terms. Unless the context otherwise
provides:
(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.
(b) "Ada" means customary law.
(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.
(d) "Ihram" signifies the state of ritual consecration of a
person while on pilgrimage to Mecca.
7
(e) "Madhhab" (plural, Madhahib) means any of the four wherein only the male party is a Muslim and the
orthodox (Sunni) schools of Muslim law. marriage is solemnized in accordance with Muslim law
or this Code in any part of the Philippines.
(f) "Month" means a period of thirty days.
(2) In case of marriage between a Muslim and a non-
Muslim, solemnized not in accordance with Muslim law
(g) "Muslim" is a person who testifies to the oneness of
or this Code, the Civil Code of the Philippines shall
God and the Prophethood of Muhammad and professes
apply.
Islam.

(3) Subject to the provisions of the preceding

(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.
BOOK TWO
PERSONS AND FAMILY RELATIONS
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.
Chapter Two

TITLE I MARRIAGE (NIKAH)

CIVIL PERSONALITY (SHAKHSIYAH MADANIYA)
Section 1. Requisites of Marriage
Article 8. Legal capacity. Juridical capacity, which is the fitness to
be the subject of legal relations, is inherent in every natural person
Article 14. Nature. Marriage is not only a civil contract but a social
and is lost only through death. Capacity to act, which is the power
institution. Its nature, consequences and incidents are governed
to do acts with legal effect, is acquired and may be lost.
by this Code and the Shari'a and not subject to stipulation, except
that the marriage settlements may to a certain extent fix the
Article 9. Restrictions on capacity. The following circumstances, property relations of the spouses.
among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being deaf-mute, the condition of death-
Article 15. Essential requisites. No marriage contract shall be
illness (marad-ul-maut), penalty, prodigality, absence, family
perfected unless the following essential requisites are compiled
relations, alienage, insolvency, and trusteeship. The
with:
consequences of these circumstances are governed by this Code
and other Islamic laws and, in a suppletory manner, by other laws.
(a) Legal capacity of the contracting parties;
Article 10. Personality, how acquired. Birth determines
personality; but the conceived child shall be considered born for all (b) Mutual consent of the parties freely given;
purposes that are favorable to it, provided it be born alive,
however, briefly, at the time it is completely delivered from the
(c) Offer (ijab) and acceptance (qabul) duly witnessed
mother's womb.
by at least two competent persons after the proper
guardian in marriage (wali) has given his consent; and
Article 11. Extinction of personality.
(d) Stipulation of customary dower (mahr) duly
(1) Civil personality is extinguished by death. The effect witnessed by two competent persons.
of death upon the rights and obligations of a deceased
person is determined by this Code, by contract, and by
Article 16. Capacity to contract marriage.
will.

(1) Any Muslim male at least fifteen years of age and

(2) After an absence of seven years, it being unknown
any Muslim female of the age of puberty or upwards and
whether or not the absentee still lives, he shall be
not suffering from any impediment under the provisions
presumed dead.
of this Code may contract marriage. A female is
presumed to have attained puberty upon reaching the
Article 12. Simultaneous death. If, as between two or more age of fifteen.
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
(2) However, the Shari'a District Court may, upon
to the other shall prove the same; in the absence of such proof, it
petition of a proper wali, order the solemnization of the
is presumed that they died at the same time and there shall be no
marriage of a female who though less than fifteen but
transmission of rights from one to the other. However, the
not below twelve years of age, has attained puberty.
successional rights of their respective heirs shall not be affected.

(3) Marriage through a wali by a minor below the

TITLE II
prescribed ages shall be regarded as betrothal and may
MARRIAGE AND DIVORCE
be annulled upon the petition of either party within four
years after attaining the age of puberty, provided no
Chapter One voluntary cohabitation has taken place and the wali who
APPLICABILITY CLAUSE contracted the marriage was other than the father or
paternal grandfather.
Article 13. Application.
Article 17. Marriage ceremony. No particular form of marriage
ceremony is required but the ijab and the gabul in marriage shall
(1) The provisions of this Title shall apply to marriage
be declared publicly in the presence of the person solemnizing the
and divorce wherein both parties are Muslims, or
8
marriage and two competent witnesses. This declaration shall be (b) Stepfather and stepdaughter when the
set forth in an instrument in triplicate, signed or marked by the marriage between the former and the mother
contracting parties and said witnesses, and attested by the person of the latter has been consummated;
solemnizing the marriage. One copy shall be given to the
contracting parties and another sent to the Circuit Registrar by the
(c) Stepmother and stepson when the
solemnizing officer who shall keep the third.
marriage between the former and the father of
the latter has been consummated; and
Article 18. Authority to solemnize marriage. Marriage may be
solemnized:
(d) Stepson or stepdaughter and the widow,
widower or divorcee of their respective
(a) By the proper wali of the woman to be wedded; ascendants.

(b) Upon authority of the proper wali, by any person who (2) The prohibition under this article applies even after
is competent under Muslim law to solemnize marriage; the dissolution of the marriage creating the affinal
or relationship.

(c) By the judge of the Shari'a District Court of Shari'a Article 26. Prohibition due to fosterage (tahrim-bir-rada'a).
Circuit Court or any person designated by the judge,
should the proper wali refuse without justifiable reason,
(1) No person may validly contract marriage with any
to authorize the solemnization.
woman who breastfed him for at least five times within
two years after his birth.
Article 19. Place of solemnization. Marriage shall be solemnized
publicly in any mosque, office of the Shari'a judge, office of the
(2) The prohibition on marriage by reason of
District or Circuit Registrar, residence of the bride or her wali, or at
consanguinity shall likewise apply to persons related by
any other suitable place agreed upon by the parties.
fosterage within the same degrees, subject to exception
recognized by Muslim law.
Article 20. Specification of dower. The amount or value of dower
may be fixed by the contracting parties (marh-musamma) before,
Section 3. Subsequent Marriages
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 Article 27. By a husband. Notwithstanding the rule of Islamic law
according to the social standing of the parties. 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
Article 21. Payment of dower. Subject to the stipulation of the
cases.
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 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
Article 22. Breach of contract. Any person who has entered into a
time the widow is pregnant, she may remarry within a reasonable
contract to marry but subsequently refuses without reasonable
time after delivery. In such case, she shall produce the
ground to marry the other party who is willing to perform the same
corresponding death certificate.
shall pay the latter the expenses incurred for the preparation of the
marriage and such damages as may be granted by the court.
Article 29. By divorcee.
Section 2. Prohibited Marriages
(1) No woman shall contract a subsequent marriage
unless she has observed an 'idda of three monthly
Article 23. Bases of prohibition. No marriage may be contracted
courses counted from the date of divorce. However, if
by parties within the prohibited degrees:
she is pregnant at the time of the divorce, she may
remarry only after delivery.
(a) Of consanguinity;
(2) Should a repudiated woman and her husband
(b) Of affinity; and reconcile during her 'idda, he shall have a better right to
take her back without need of a new marriage contract.
(c) Of fosterage.
(3) Where it is indubitable that the marriage has not
been consummated when the divorce was affected, no
Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No
'idda shall be required.
marriage shall be contracted between:

Article 30. Marriage after three talaq.

(a) Ascendants and descendants of any degree;

(1) Where a wife has been thrice repudiated (talaq bain

(b) Brothers and sisters, whether germane, consanguine
or uterine; and
(c) Brothers or sisters and their descendants within the
third civil degree.
Article 25. Prohibition by affinity (tahrim-bill-musahara). (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;
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.
Section 4. Batil and Fasi Marriages
9
Article 31. Batil marriages. The following marriages shall be void
(batil) from the beginning:
(a) Those contracted contrary to Articles 23, 24, 25 and
26;
(b) Those contracted in contravention of the prohibition
against unlawful conjunction; and
(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:
(a) Those contracted with a female observing 'idda;
(b) Those contracted contrary to Article 30;
(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;
(e) Those contracted by a party in a state of ihram; and
(f) Mixed marriages not allowed under Islamic law.
Article 33. Validation of irregular marriages. (1) Irregular
marriages may be made regular by a new marriage contract in the
following cases:
(a) Those referred to in Article 32(a), after the
impediment has been removed;
(b) Those referred to in Article 32(b), upon
compliance with the requirement of Article 30;
(c) Those referred to in Article 32(c), after the
causes vitiating consent have ceased;
(d) Those referred to in Article 32(d), in case
the party recovers.
(e) Those referred to in Article 32(e), when the
party is no longer in a state of ihram; and
(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.
Section 5. Rights and Obligations Between Spouses
Article 34. Mutual rights and obligations.
(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.
(3) The husband and the wife shall inherit from each
other in accordance with this Code.
(4) The husband and the wife shall have the right to
divorce in accordance with this Code.
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:
(a) Her dower is not satisfied in accordance with the
stipulations; or
(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.
Article 36. Rights and obligations of the wife.
(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.
(4) The wife shall have the right to demand the
satisfaction of her mahr.
(5) Unless otherwise stipulated in the marriage
settlements, the wife retain ownership and
administration of her exclusive property.
(6) The wife shall be entitled to an equal and just
treatment by the husband.
Section 6. Property Relations Between Spouses
Article 37. How governed. The property relations between
husband and wife shall be governed in the following order:
(a) By contract before or at the time of the celebration of
marriage;
(b) By the provisions of this Code; and
(c) By custom.
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
10
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:
(a) Properties brought to the marriage by the husband or
the wife;
(b) All income derived by either spouse from any
employment, occupation or trade;
(c) Any money or property acquired by either spouse
during marriage by lucrative title;
(d) The dower (mahr) of the wife and nuptial gifts to
each spouse;
(e) Properties acquired by right of redemption, purchase
or exchange of the exclusive property of either; and
(f) All fruits of properties in the foregoing paragraphs.
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:
(a) When the litigation is between husband and wife;
(b) If the suit concerns her exclusive property;
(c) If the litigation is incidental to her profession,
occupation or business;
(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.
Chapter Three
DIVORCE (TALAQ)
Section 1. Nature and Form
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:
(a) Repudiation of the wife by the husband (talaq);
(b) Vow of continence by the husband (ila);
(c) Injurious assanilation of the wife by the husband
(zihar);
(d) Acts of imprecation (li'an);
(e) Redemption by the wife (khul');
(f) Exercise by the wife of the delegated right to
repudiate (tafwld); or
(g) Judicial decree (faskh).
Article 46. Divorce by talaq.
(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;
11
(c) Failure of the husband to perform for six months
without reasonable cause his marital obligation in
accordance with this code;
(d) Impotency of the husband;
(e) Insanity or affliction of the husband with an incurable
disease which would make the continuance of the
marriage relationship injurious to the family;
(f) Unusual cruelty of the husband as defined under the
next succeeding article; or
(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 of her exclusive property or
prevents her from exercising her legal rights over it;
(d) Obstructs her in the observance of her religious
practices; or
(e) Does not treat her justly and equitably as enjoined by
Islamic law.
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;
(b) The spouses shall lose their mutual rights of
inheritance;
(c) The custody of children shall be determined in
accordance with Article 78 of 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.
Section 2. 'Idda
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.
Article 57. Period.
(1) Every wife shall be obliged to observe 'idda as
follows:
(a) In case of dissolution of marriage by
death, four months and ten days counted from
the death of her husband;
(b) In case of termination of marriage by
divorce, for three monthly courses; or
(c) In case of a pregnant women, for a period
extending until her delivery.
(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).
TITLE III
PATERNITY AND FILIATION
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.
Article 59. Legitimate children.
(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.
Article 62. Rights of legitimate child. A legitimate child shall have
the right:
(a) To bear the surnames of the father and of the
mother;
(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.
12
Article 63. Acknowledgment by father. Acknowledgment (igra) of (c) When the recipient commits any act which would
a child by the father shall establish paternity and confer upon each give rise to disqualification to inherit or denial of support
the right inherit from the other exclusively in accordance with under Muslim law.
Article 94, provided the following conditions are complied with:
TITLE V
(a) The acknowledgment is manifested by the father's PARENTAL AUTHORITY
acceptance in public that he is the father of the child
who does not impugn it; and
Chapter One
NATURE AND EFFECTS
(b) The relations does not appear impossible by reason
of disparity in age.
Article 71. Who exercises.

Article 64. Adoption. No adoption in any form shall confer upon

(1) The father and the mother shall jointly exercise just
any person the status and rights of a legitimate child under Muslim
and reasonable parental authority and fulfill their
law, except that said person may receive a gift (hiba).
responsibility over their legitimate and acknowledged
children. In case of disagreement, the father's decision
TITLE IV shall prevail unless there is a judicial order to the
SUPPORT (NAFAQA) contrary.

Article 65. Support defined. Support (nafaqa) includes everything (2) The mother shall exercise parental authority over her
that is indispensable for sustenance, dwelling, clothing and children born out of wedlock, but the court may, when
medical attendance according to the social standing of the person the best interests of the children so require, appoint a
obliged to give it, and the education of the person entitled to the general guardian.
support until he completes his education, training, or vocation
even beyond the age of majority.
Article 72. Duty to parents.

Article 66. Amount. The amount of support shall be in proportion

(1) Children shall respect, revere, and obey their parents
to the resources of the giver and to the needs of the recipient.
always unless the latter cast them into disbelief.

Article 67. Support for wife and infant.

(2) Grandparents are likewise entitled to respect and
reverence, and shall be consulted whenever practicable
(1) The wife shall be entitled to support during the by all members of the family on all important questions.
marriage. In cases of divorce, (talaq), her right shall be
extended up to the expiration of the 'idda. However, in
Article 73. Duty to children. Every parent and every person
case the wife is pregnant at the time of the separation,
exercising parental authority shall see to it that the rights of the
she shall be entitled to support until delivery.
children are respected, and their duties complied with, and shall
particularly by precept and example, imbue them with religious
(2) Any divorced nursing mother who continues to and civic attachment to the ideal of permanent world peace.
breastfeed her child for two years shall be entitled to
support until the time of weaning.
Article 74. Effects upon person of children. The parents have, with
respect to their unemancipated children:
Article 68. Support between ascendants and descendants. The
ascendants and descendants shall be obliged to support each
(a) The duty to support them, have them in their
other in the order in which they are called to succeed by intestacy
company, educate and instruct them in keeping with
the person who has a right to claim support.
their means and represent them in all actions which
shall redound to their benefits; and
Article 69. Payment.
(b) The power to correct, discipline, and punish them
(1) The obligation to support shall be demandable from moderately.
the time the recipient needs it for maintenance, but it
shall not be paid except from the date it is extrajudicially
Article 75. Effects upon property of children.
demanded.

(1) The father, or in his absence the mother, shall be the

(2) Payment shall be made daily, weekly or monthly in
legal administrator of the property of the child under
advance, and when the recipient dies, his heirs shall not
parental authority. If the property is worth more than five
be obliged to return what he had received in advance.
thousand pesos, the father or the mother shall give a
bond to be approved by the court.
(3) If the recipient is the wife, the rule established in the
foregoing paragraph shall apply even though the
(2) The court may appoint a guardian (wasi) in the
marriage is dissolved.
absence of one who is natural or testamentary.

Article 70. Extinguishment of support. The obligation to support

Article 76. Parental authority non-transferable. Parental authority
shall cease:
can neither be renounced nor transferred except as otherwise
provided in this Code and the general principles of Islamic law.
(a) Upon the death of the recipient;
Article 77. Extinguishment of parental authority.
(b) When the resources of the obligor have been so
reduced that he cannot give the support without
(1) Parental authority terminates upon the death of the
neglecting his own need and those of his family, except
parents or the child, or upon emancipation.
that in the case of the spouses, the husband, though
needy, is obliged to support the wife; or
(2) Subject to Article 78, the widowed mother who
contracts a subsequent marriage shall lose parental
13
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.
Chapter Two
CUSTODY AND GUARDIANSHIP
Article 78. Care and custody.
(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:
(a) Father
(b) Paternal grandfather;
(c) Brother and other paternal relatives;
(d) Paternal grandfather's executor or nominee; or
(e) The court.
Article 80. Guardian of minor's property. The following persons
shall exercise guardianship over the property of minors in the
order of precedence:
(a) Father;
(b) Father's executor or nominee;
(c) Paternal grandfather;
(d) Paternal grandfather's nominee; or
(e) The court.
TITLE VI
CIVIL REGISTRY
Chapter One
REGISTRY OF MARRIAGE, DIVORCE AND CONVERSIONS
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.
Article 83. Duties of Circuit Registrar. Every Circuit Registrar
shall:
(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;
(c) Register conversions involving Islam;
(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;
(f) Index the same for easy reference and identification
in case any information is required; and
(g) Administer oaths, free of charge, for civil registry
purposes.
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.
Chapter Two
OTHER ACTS AFFECTING CIVIL STATUS
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.
BOOK THREE
SUCCESSION
14
TITLE I corresponding share shall be reserved before the estate is
GENERAL PROVISIONS distributed.

Article 89. Succession defined. Succession is a mode of Article 98. Succession by absentee. The share of an heir who is
acquisition by virtue of which the estate of a person is transmitted missing or otherwise absent at the time of the death of the
to his heirs or others in accordance with this code. decedent shall be reserved:

Article 90. Successional rights, when vested. The rights to (a) Until he reappears and claims it;
succession are transmitted from the moment of the death of the
decedent. The right to succession of any heir who predeceases
(b) Until he is proven dead; or
the decedent shall not be transmitted by right of representation to
his own heirs.
(c) Until the lapse of ten years after which he shall be
resumed dead by decree of the court.
Article 91. Requisites of succession. No settlement of the estate
of a deceased person shall be effected unless:
Article 99. Order of succession. The heirs of a decedent shall
inherit in the following order:
(a) The death of the decedent is ascertained;

(a) Sharers (ashab-ul-furud) shall be entitled to fixed

(b) The successor is alive at the time of the death of the
shares;
decedent; and

(b) Residuaries (ashab-ul-mirath) shall be entitled to the

(c) The successor is not disqualified to inherit.
residue;

Article 92. Inheritance (Mirath). The inheritance of a person

(c) In the absence of the foregoing, the distant kindred
includes all properties of any kind, movable or immovable, whether
(dhaw-ul-arham) who are blood relatives but are neither
ancestral or acquired either by onerous or gratuitous title, as well
sharers nor residuaries; and
as all transmissible rights and obligations at the time of his death
and those that accrue thereto before partition.
(d) In default of the above, the acknowledged kinsman,
universal legatee, or the public treasury (bait-ul-mal), in
Article 93. Disqualifications to succession. The following shall be
that order.
disqualified to succeed:

Article 100. Modes of Succession. Succession my be:

(a) Those who have intentionally caused directly or
indirectly the death of the decedent;
(a) By will (wasiya);
(b) Those who have committed any other act which
constitutes a ground disqualification to inherent under (b) By operation of this Code; or
Islamic law; and
(c) By combination of both.
(c) Those who are so situated that they cannot inherit
under Islamic law.
TITLE II
TESTAMENTARY SUCCESSION
Article 94. Succession from acknowledging person. Without
prejudice to the order of succession of heirs, mutual rights of
Chapter One
inheritance shall obtain:
WILLS

(a) Between the acknowledging father and the

acknowledged child; and
(b) Between the kinsman acknowledged
another person and the acknowledger.
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
through his estate, if there are heirs, or the whole of it, if there are no heirs
or distant kindred.

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.
Article 96. Succession between divorced persons.
(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.
Article 102. Formalities.
(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.

(2) The husband who, while in a condition of death- Article 103. Proof of will.
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. (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
Article 97. Succession by conceived child. A child conceived at who attested to its declaration.
the time of the death of the decedent shall be considered an heir
provided it be born later in accordance with Article 10; its
15
(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.
Article 106. Disposable third.
(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.
TITLE III
LEGAL SUCCESSION
Chapter One
SHARES
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:
(a) The husband, the wife;
(b) The father, the mother, the grandfather, the
grandmother;
(c) The daughter and the son's daughter in the direct
line;
(d) The full sister, the consanguine sister, the uterine
sister and the uterine brother.
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.
Article 117. Share of surviving daughter.
(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.
Article 122. Participation of full brother.
(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
16
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:
(a) In the same line, the relative nearest in degree
excludes the more remote.
(b) Full-blood relatives exclude the consanguine and the
uterine.
(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.
Chapter Two
RESIDUARY HEIRS
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:
(a) Male descendants of the decedent in the direct line,
however, distant in degree;
(b) Male ascendants of the decedent in the direct line,
however distant in degree;
(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:
(a) Daughters surviving with the son of the decedent;
(b) Son's daughters surviving with their own brothers;
(c) Full sisters surviving with their full brothers; and
(d) Consanguine sisters surviving with their consanguine
brothers.
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:
(a) The residuary nearer in degree shall be preferred to
the more remote of the same class.
(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.
Chapter Three
DISTANT KINDRED (DHAW-UL-ARHAM)
Article 131. Relatives included. Distant kindred includes the
following :
(a) The daughter's children and the children of the son's
daughter and their descendants;
(b) The excluded grandfather and the excluded
grandmother;
(c) The sister's children, the brother's daughters, the
sons of the uterine brother, and their descendants; and
(d) The paternal aunts, the uterine uncles and the
maternal aunts and uncles.
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.
TITLE IV
SETTLEMENT AND PARTITION OF ESTATE
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.
Article 134. Governing school of law.
(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:
(a) unpaid taxes;
17
(b)reasonable funeral expenses;
(c) the expenses for probate, administration and other
judicial expenses;
(d) the debts of the decedent;
(e) the legacies to the extent of the disposable one-third;
(f) the distribution of shares among heirs; and
(g) unpaid dower.
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.
BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES AND
RENDITION OF LEGAL OPINIONS
TITLE I
THE SAHRI'A COURTS
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.
Chapter One
SHARI'A DISTRICT COURTS
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:
(a) The First Shari'a District shall comprise the Province
of Sulu;
(b) The Second Shari'a District, the Province of Tawi-
Tawi;
(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.
Article 143. Original jurisdiction.
(1) The Shari'a District Court shall have exclusive
original jurisdiction over:
(a) All cases involving custody, guardianship,
legitimacy, paternity and filiation arising under
this Code;
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(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, the Shari'a
District Court shall have original 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.
Article 144. Appellate jurisdiction.
(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.
18
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.
Article 147. Permanent stations; offices.
(1) The Shari'a District Courts shall have their respective
permanent stations in the following places:
(a) First Shari'a District, Jolo, Sulu;
(b) Second Shari'a District, Bongao, Tawi-
Tawi;
(c) Third Shari'a District, Zamboanga City;
(d) Fourth Shari'a District, Marawi City;
(e) Fifth Shari'a District, Cotabato City;
(2) The Shari'a District Courts may hold sessions
anywhere within their respective districts.
(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.
Chapter Two
SHARI'A CIRCUIT COURTS
Article 150. Where established.
(1) Shari'a Circuit Courts shall be established as follows:
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan,
Zamboanga del Norte and Zamboanga del
Sur, and the Cities of Dipolog, Pagadian, and
Zamboanga;
(d) Twelve in and for the Provinces of Lanao
del Norte and Lanao del Sur and the Cities of
Iligan and Marawi;
(e) Fifteen in and for the Province of
Maguindanao, North Cotabato and Sultan
Kudarat and the 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;
(1) All cases involving offenses defined and punished
under this Code.
(2) All civil actions and proceedings between parties
who are Muslims or have been married in accordance
with Article 13 involving disputes relating to:
(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property
upon divorce;
(f) Maintenance and support, and consolatory
gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal
properties.
Article 156. Clerks and other subordinate employees.
(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.
19
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.
TITLE II
THE AGAMA ARBITRATION COUNCIL
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.
Article 161. Divorce by talag and tafwid.
(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.
(3) The provisions of this article shall be observed
should the wife exercise tafwid.
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.
TITLE III
JURISCONSULT IN ISLAMIC LAW
Article 164. Creation of office and appointment.
(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.
Article 166. Functions.
(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.
BOOK FIVE
MISCELLANEOUS AND TRANSITORY PROVISIONS
TITLE I
MUSLIM HOLIDAYS
Article 169. Official Muslim holidays. The following are hereby
recognized as legal Muslim holidays:
(a) 'Amun Jadid (New Year), which falls on the first day
of the first lunar month of Muharram;
(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.
20
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).
Article 172. Observance of Muslim employees.
(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.
TITLE II
COMMUNAL PROPERTY
Article 173. What constitute. The following are communal
properties:
(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
(c) charitable trust property.
Article 174. Administration or disposition.
(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.
TITLE III
CUSTOMARY CONTRACTS
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.
TITLE IV
CONVERSIONS
Article 176. Effect of registration of conversion to Islam.
(1) Registration of a person's conversion to Islam shall
constitute a 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.
TITLE V
PENAL PROVISIONS
Chapter One
RULE OF BIGAMY
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.
Chapter Two
SPECIFIC OFFENSES
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.
TITLE VI
TRANSITORY AND FINAL PROVISIONS
Article 186. Effect of code on past acts. (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
21
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.
Article 190. Effectivity. This Code shall take effect immediately.
DONE in the City of Manila this 4th day of February in the year of
Our Lord nineteen hundred and seventy-seven.
PRESIDENTIAL DECREE No. 1508 June 11, 1978
(repealed by R.A. 7160)
ESTABLISHING A SYSTEM OF AMICABLY SETTLING
DISPUTES AT THE BARANGAY LEVEL
WHEREAS, the perpetuation and official recognition of the time-
honored tradition of amicably settling disputes among family and
barangay members at the barangay level without judicial
resources would promote the speedy administration of justice and
implement the constitutional mandate to preserve and develop
Filipino culture and to strengthen the family as a basic social
institution;
WHEREAS, the indiscriminate filing of cases in the courts of
justice contributes heavily and unjustifiably to the congestion of
court dockets, thus causing a deterioration in the quality of justice;
WHEREAS, in order to help relieve the courts of such docket
congestion and thereby enhance the quality of justice dispensed
by the courts, it is deemed desirable to formally organize and
institutionalize a system of amicably settling disputes at the
barangay level;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:
Section 1. Lupong Tagapayapa
a) Creation. There is hereby created in each barangay a
body to be known as Lupong Tagapayapa (hereinafter
referred to as Lupon) composed of the Barangay
Captain as chairman and not less than ten (10) nor
more than twenty (20) members, to be constituted every
two years in the following manner:
1. Any suitable person actually residing or
working in the barangay, not otherwise
expressly disqualified by law, and taking into
account considerations of integrity,
impartiality, independence of mind, sense of
fairness, and reputation for probity, including
educational attainment, may be appointed
member;
2. A notice to constitute the Lupon, which
shall include the names of proposed members
who have expressed their willingness to
serve, shall be prepared by the Barangay
Captain within thirty (30) days after this
Decree shall have become effective, and
thereafter within the first ten (10) days of
January of every other year. Such notice shall
be posted in three (3) conspicuous places in
the barangay continuously for a period of not
less than three (3) weeks;
3. The Barangay Captain, taking into
consideration any opposition to the proposed
appointment or any recommendation/s for
appointment as may have been made within
the period of posting, shall within ten (10)
days thereafter, appoint as members those
whom he determines to be suitable therefor;
4. Appointments shall be in writing signed by
the Barangay Captain and attested by the
Barangay Secretary;
5. The list of appointed members shall be
posted in three (3) conspicuous places in the
barangay for the entire duration of their term
of office;
6. When used herein:
Barangay refers not only to barrios which were declared
barangays by virtue of Presidential Decree No. 557 but
also to barangays otherwise known as citizens
assemblies pursuant to Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of
the barrios which declared barangay by virtue of
Presidential Decree No. 557 and to the Chairmen of
barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.
b) Oath and Term of Office. Upon appointment, each
member shall take an oath of office before the Barangay
Captain. He shall hold office until December 31 of the
calendar year subsequent to the year of his appointment
unless sooner terminated by resignation, transfer of
residence or place of work, or withdrawal of appointment
by the Barangay Captain with the concurrence of the
majority of all the members of the Lupon.
c) Vacancy, Lupon. Should a vacancy occur in the
Lupon for any cause the Barangay Captain shall as
soon as possible appoint a suitable replacement. The
person appointed shall hold office only for the unexpired
portion of the term of the member whom he replaces.
d) Functions. The Lupon shall exercise administrative
supervision over the conciliation panels hereinafter
provided for. It shall meet regularly once a month (1) to
provide a forum for the exchange of ideas among its
members and the public on matters relevant to the
amicable settlement of disputes; and (2) to enable the
various panels to share with one another their
observation and experiences in effecting speedy
resolution of disputes.
e) Secretary of the Lupon. The Barangay Secretary shall
concurrently the Secretary of the Lupon. He shall note
the results of the mediation proceedings before the
Barangay Captain and shall submit a report thereon to
the proper city or municipal court. He shall also receive
and keep the records of proceedings submitted to him
by the various conciliation panels. He shall issue the
certification referred to in Section 6 hereof.
22
f) Conciliation Panels. There shall be constituted for
each dispute brought before the Lupon a conciliation
panel to be known as Pangkat ng Tagapagkasundo
(hereinafter referred to as Pangkat) consisting of three
(3) members who shall be chosen by agreement of the
parties to the dispute from the list of membership of the
Lupon.
Should the parties fail to agree, they shall, in the
presence of the Barangay Captain or Secretary, make
the selection in the following manner: one party,
determined by lot, shall strike out from the list one
name; the other party shall in turn strike out another; the
parties shall thereafter continue alternately to strike out
names until there shall remain on the list only by four
(4), three (3) of whom shall be the members of the
Pangkat, and the fourth, to be determined by lot, shall
be the alternate.
In the event any of the four (4) remaining names is, for
cause to be passed upon solely by the Barangay
Captain, still objected to by any party, the procedure
provided for in paragraph (g) hereunder shall be
followed.
Should there be more than one complainant or
respondent, each side to the dispute shall choose its
representative to such striking-out process.
The three (3) members shall elect from among
themselves the chairman and the secretary of the
Pangkat.
The secretary of the Pangkat shall keep minutes of its
proceedings attested by the chairman and submit a
copy thereof to the Lupon Secretary and to the proper
city or municipal court. He shall issue and cause to be
served notices to the parties and give certified true
copies of any public record in his custody that is not by
law otherwise declared confidential.
g) Vacancy, Pangkat. Any vacancy in the Pangkat shall
be filled by the Barangay Captain from among the other
members of the Lupon, to be determined by lot.
h) Succession to or substitution for Barangay Captain. In
the event the Barangay Captain ceases to hold office or
is unable to perform his duties herein provided, the
order of succession/substitution to his position as
provided by law shall be followed.
i) Character of Office. The members of the Lupon shall
be deemed public officers and persons in authority,
within the meaning of the Revised Penal Code.
j) Character of Service. The members of the Lupon or
Pangkat shall serve without any compensation or
allowance whatsoever. Such service by any Lupon or
Pangkat member, whether he be in public or private
employment, shall be deemed to be on official time and
no such member shall suffer any diminution in
compensation or allowances by reason thereof.
k) Legal advice. The Barangay Captain or any member
of the Lupon or Pangkat may, whenever he deems it
necessary in the exercise of his functions under this
Decree, seek the advice of the legal adviser of the
provincial/city/municipal government.
Section 2. Subject matters for amicable settlement. The Lupon of
each barangay shall have authority to bring together the parties
actually residing in the same city or municipality for amicable
settlement of all disputes except:
1. Where on party is the government, or any subdivision
or instrumentality thereof;
2. Where one party is a public officer or employee, and
the dispute relates to the performance of his official
functions;
3. Offenses punishable by imprisonment exceeding 30
days, or a fine exceeding P200.00;
4. Offenses where there is no private offended party;
5. Such other classes of disputes which the Prime
Minister may in the interest of justice determine upon
recommendation of the Minister of Justice and the
Minister of Local Government.
Section 3. Venue. Disputes between or among persons actually
residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay. Those involving
actual residents of different barangays within the same city or
municipality shall be brought inn the barangay where the
respondent or any of the respondents actually resides, at the
election of the complainant. However, all disputes which involved
real property or any interest therein shall be brought in the
barangay where the real property or any part thereof is situated.
The Lupon shall have no authority over disputes:
1. involving parties who actually reside in barangays of
different cities or municipalities, except where such
barangays adjoin each other; and
2. involving real property located in different
municipalities.
Objections to venue shall be raised in the mediation proceedings
before the Barangay Captain as provided for in Section 4(b)
hereunder; otherwise, the same shall be deemed waived. Any
legal question which may confront the Barangay Captain in
resolving objections to venue herein referred to may be submitted
to the Minister of Justice whose ruling thereon shall be binding.
Section 4. Procedure for amicable settlement.
a) Who may initiate proceedings. Any individual who has
a cause of action against another individual involving
any matter within the authority of the Lupon as provided
in Section 2 may complain orally or in writing, to the
Barangay Captain of the barangay referred to in Section
3 hereof.
b) Mediation by Barangay Captain. Upon receipt of the
complaint, the Barangay Captain shall, within the next
working day summon the respondent/s with notice to the
complainant/s for them and their witnesses to appear
before him for a mediation of their conflicting interests. If
he fails in his effort within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith set
a date for the constitution of the Pangkat in accordance
with the provisions of Section 1 of this Decree.
c) Hearing before the Pangkat. The Pangkat shall
convene not later than three (3) days from its
constitution, on the day and hour set by the Barangay
Captain, to hear both parties and their witnesses,
simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the Pangkat may issue
summons for the personal appearance of parties and
witnesses before it.
In the event that the party moves to disqualify any
member of the Pangkat by reason of relationship, bias,
interest or any other similar ground/s discovered after
23
constitution of the Pangkat, the matter shall be resolved
by the affirmative vote of the majority of the Pangkat
whose decision shall be final. Should disqualification be
decided upon, the procedure provided for in paragraph
(g) of Section 1 shall be followed.
d) Sanctions. Refusal or willful failure of any party or
witness to appear in compliance with the summons
issued pursuant to the preceding two (2) paragraphs
may be punished by the city or municipal court as for
direct contempt of court upon application filed therewith
by the Lupon Chairman, the Pangkat Chairman, or by
any of the parties. Further, such refusal or willful failure
to appear shall be reflected in the records of the Lupon
Secretary or in the minutes of the Pangkat Secretary
and shall bar the complainant from seeking judicial
recourse for the same cause of action, and the
respondent, from filing any counterclaim arising out of or
necessarily connected therewith.
Willful failure or refusal without justifiable cause on the
part of any Pangkat member to act as such, as
determined by the vote of a majority of all the other
members of the Lupon, whose decision thereon shall be
final, shall result in his disqualification from public office
in the city or municipality for a period of one year.
e) Time limit. The Pangkat shall arrive at a
settlement/resolution of the dispute within fifteen (15)
days from the day it convenes in accordance with
paragraph (c) hereof. This period shall, at the discretion
of the Pangkat, be extendible for another period which
shall not exceed fifteen (15) days except in clearly
meritorious cases.
Section 5. Form of settlement. All amicable settlements shall be in
writing, in a language or dialect known to the parties, signed by
them and attested by the Barangay Captain or the Chairman of the
Pangkat, as the case may be. When the parties to the dispute do
not use the same language/dialect, the settlement shall be written
in the languages; dialect known to them.
Section 6. Conciliation, pre-condition to filing of complaint. No
complaint, petition, action or proceeding involving any matter
within the authority of the Lupon as provided in Section 2 hereof
shall be filed or instituted in court or any other government office
for adjudication unless there has been a confrontation of the
parties before the Lupon Chairman or the Pangkat and no
conciliation or settlement has been reached as certified by the
Lupon Secretary or the Pangkat Secretary, attested by the Lupon
or Pangkat Chairman, or unless the settlement has been
repudiated. However, the parties may go directly to the court in the
following cases:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings;
3. Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal
property and support pendente lite; and
4. Where the action may otherwise be barred by the
Statute of Limitations.
Section 7. Arbitration. The parties may, at any stage of the
proceedings, agree in writing that they shall abide by the
arbitration award of the Barangay Captain or the Pangkat. Such
agreement to arbitrate may within five (5) days from the date
thereof, he repudiated for the same grounds and in accordance
with the procedure prescribed in Section 13 hereof. The arbitration
award shall be made after the lapse of the period for repudiation
and within ten (10) days thereafter.
The arbitration award shall be in writing in a language or dialect
known to the parties. When the parties to the dispute do not use
the same language/dialect, the award shall be written in
languages/dialects known to them.
Section 8. Proceedings public; exception. All proceedings for
settlement shall be public and informal, Provided, that the
Barangay Captain or the Pangkat, as the case may be, may motu
propio or upon request of a party exclude the public from the
proceedings in the interest of privacy, decency or public morals.
Section 9. Appearance of parties in person. In all other
proceedings provided for herein, the parties must appear in person
without the assistance of counsel/representative, with the
exception of minors and incompetents who may be assisted by
their next of kin who are not lawyers.
Section 10. Admissions. Admissions made in the course of any
proceedings for settlement may be admissible for any purpose in
any other proceeding.
Section 11. Effect of amicable settlement and arbitration
award. The amicable settlement and arbitration award shall have
the force and effect of a final judgment of a court, upon the
expiration of ten (10) days from the date thereof unless repudiation
of the settlement has been made or a petition for nullification of the
award has been filed before the proper city or municipal court.
Section 12. Execution. The amicable settlement or arbitration
award may be enforced by execution within one (1) year from the
date of the settlement. After the lapse of such time, the settlement
may be enforced by action in the appropriate city/municipal court.
Section 13. Repudiation. Any party to the dispute may, within ten
(10) days from the date of settlement, repudiate the same by filing
with the Barangay Captain a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence or
intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint, provided for in
Section 6 hereof.
Section 14. Transmittal of settlement and arbitration award to
court. The Secretary of the Lupon shall transmit the settlement of
arbitration award to the local city or municipal court within five (5)
days from the date of the award or from the lapse of ten-day
period for repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the Barangay
Captain.
Section 15. Power to administer oaths. The Barangay Captain
and members of the Pangkat are hereby authorized to administer
oaths in connection with any matter relating to all proceedings
provided for in this Decree.
Section 16. Administration; rules and regulations.
(a) The Minister of Local Government and Community
Development shall see to the efficient implementation
and administration of this Decree. For this purpose, he
shall be empowered to promulgate rules and
regulations, upon consultation with the Minister of
Justice. In the process, the Minister of Local
Government and Community Development may seek
cooperation and coordination from other departments,
agencies or instrumentalities of the National
Government; and such departments, agencies or
instrumentalities are hereby directed to render
assistance whenever so requested.
(b) Without prejudice to the provisions of Section (k)
hereof, legal questions arising in the administration and
implementation of this laws shall be submitted to the
Minister of Justice for resolution.
24
Section 17. Separability Clause. If, for any reason, any provision
of this Decree shall be held to be unconstitutional or invalid, no
other provision hereof shall be affected thereby.
Section 18. Appropriations. To carry out the purposes of this
Decree, there is hereby appropriated the sum of Twenty-five
Million Pesos (P25,000,000.00) from the General Funds for the
current year. Thereafter, the appropriation for such funds as may
be necessary for the purpose shall be provided for in the General
Annual Appropriation Acts.
Section 19. Effectivity. This Decree shall take effect six (6)
months after its promulgation.
DONE in the City of Manila, this 11th day of June, in the year of
Our Lord, nineteen hundred and seventy-eight.
ADMINISTRATIVE CIRCULAR NO. 14-93.
ADMINISTRATIVE CIRCULAR NO. 14-93
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO
PREVENT CIRCUMVENTION OF THE REVISED
KATARUNGANG PAMBARANGAY LAW [SECTIONS 399-
422, CHAPTER VII, TITLE I, BOOK III, R. A. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT
CODE OF 1991].
The Revised Katarungang Pambarangay Law under R. A.
7160, otherwise known as the Local Government Code of
1991, effective on January 1, 1992 and which repealed P. D.
1508, introduced substantial changes not only in the authority
granted to the Lupong Tagapamayapa but also in the
procedure to be observed in the settlement of disputes within
the authority of the Lupon.cralaw
In order that the laudable purpose of the law may not be
subverted and its effectiveness undermined by indiscriminate,
improper and/or premature issuance of certifications to file
actions in court by the Lupon or Pangkat Secretaries, attested
by the Lupon/Pangkat Chairmen, respectively, the following
guidelines are hereby issued for the information of trial court
judges in cases brought before them coming from the
Barangays:chanrobles virtual law library
I. All disputes are subject to Barangay conciliation pursuant to
the Revised Katarungang Pambarangay Law [formerly P. D.
1508, repealed and now replaced by Secs. 399-422, Chapter
VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
otherwise known as the Local Government Code of 1991],
and prior recourse thereto is a pre-condition before filing a
complaint in court or any government offices, except in the
following disputes:chanrobles virtual law library
[1] Where one party is the government, or any subdivision or
instrumentality thereof;
[2] Where one party is a public officer or employee and the
dispute relates to the performance of his official functions;
[3] Where the dispute involves real properties located in
different cities and municipalities, unless the parties thereto
agree to submit their difference to amicable settlement by an
appropriate Lupon;
[4] Any complaint by or against corporations, partnerships or
juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants or
respondents [Sec. 1, Rule VI, Katarungang Pambarangay
Rules];
[5] Disputes involving parties who actually reside in barangays
of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an
appropriate Lupon;
[6] Offenses for which the law prescribes a maximum penalty
of imprisonment exceeding one [1] year or a fine of over five
thousand pesos (P5,000.00);
[7] Offenses where there is no private offended party;
[8] Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:chanrobles virtual law library
[a] Criminal cases where accused is under police custody or
detention [See Sec. 412 (b) (1), Revised Katarungang
Pambarangay Law];
[b] Petitions for habeas corpus by a person illegally deprived
of his rightful custody over another or a person illegally
deprived of or on acting in his behalf;
[c] Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal
property and support during the pendency of the action;
and cralaw
[d] Actions which may be barred by the Statute of Limitations.
[9] Any class of disputes which the President may determine
in the interest of justice or upon the recommendation of the
Secretary of Justice;
[10] Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL) [Secs. 46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-
employee relations [Montoya vs. Escayo, et al., 171 SCRA
442; Art. 226, Labor Code, as amended, which grants original
and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the
Department of Labor and Employment];
[12] Actions to annul judgment upon a compromise which may
be filed directly in court [See Sanchez vs. Tupaz, 158 SCRA
459].cralaw
II. Under the provisions of R. A. 7160 on Katarungang
Pambarangay conciliation, as implemented by the
Katarungang Pambarangay Rules and Regulations
promulgated by the Secretary of Justice, the certification for
filing a complaint in court or any government office shall be
issued by Barangay authorities only upon compliance with the
following requirements:chanroblesvirtuallawlibrary
[1] Issued by the Lupon Secretary and attested by the Lupon
Chairman (Punong Barangay), certifying that a confrontation
of the parties has taken place and that a conciliation
settlement has been reached, but the same has been
subsequently repudiated (Sec. 412, Revised Katarungang
Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
[2] Issued by the Pangkat Secretary and attested by the
Pangkat Chairman certifying that:chanroblesvirtuallawlibrary
[a] a confrontation of the parties took place but no
conciliation/settlement has been reached (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules); or
[b] that no personal confrontation took place before the
Pangkat through no fault of the complainant (Sec. 4[f], Rule
III, Katarungang pambarangay Rules).
[3] Issued by the Punong Barangay as requested by the
proper party on the ground of failure of settlement where the
dispute involves members of the same indigenous cultural
community, which shall be settled in accordance with the
customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute
belong to the minority and the parties mutually agreed to
submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by
the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang
Pambarangay Rules); and
[4] If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate (Sec. 410 [b], Revised Katarungang
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang
Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd
par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules),
the Punong Barangay shall not cause the issuance at this
stage of a certification to file action, because it is now
mandatory for him to constitute the Pangkat before whom
mediation, conciliation, or arbitration proceedings shall be
held.cralaw
III. All complaints and/or informations filed or raffled to your
sala/branch of the Regional Trial Court shall be carefully read
and scrutinized to determine if there has been compliance
with prior Barangay conciliation procedure under the Revised
Katarungang Pambarangay Law and its Implementing Rules
and Regulations as a pre-condition to judicial action,
particularly whether the certification to file action attached to
the records of the case comply with the requirements
hereinabove enumerated in Par. II;
25
IV. A case filed in court without compliance with prior
Barangay conciliation which is a pre-condition for formal
adjudication (Sec. 412 [a] of the Revised Katarungang
Pambarangay Law) may be dismissed upon motion of
defendant/s, not for lack of jurisdiction of the court but for
failure to state a cause of action or prematurity (Royales vs.
IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or
the court may suspend proceedings upon petition of any party
under Sec. 1, Rule 21 of the Rules of Court; and refer the
case motu proprio to the appropriate Barangay authority
applying by analogy Sec. 408 [g], 2nd par., of the Revised
Katarungang Pambarangay Law which reads as
follows:chanrobles virtual law library
"The court in which non-criminal cases not falling within the
authority of the Lupon under this Code are filed may, at any
time before trial, motu proprio refer case to the Lupon
concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This
Administrative Circular shall be effective immediately.
Manila, Philippines; July 15, 1993.
Republic Act No. 7160 October 10, 1991
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF
1991
BOOK III
LOCAL GOVERNMENT UNITS
TITLE I
THE BARANGAY
CHAPTER I
Role and Creation of the Barangay
Section 384. Role of the Barangay. - As the basic political unit,
the barangay serves as the primary planning and implementing
unit of government policies, plans, programs, projects, and
activities in the community, and as a forum wherein the collective
views of the people may be expressed, crystallized and
considered, and where disputes may be amicably settled.
Section 385. Manner of Creation. - A barangay may be created,
divided, merged, abolished, or its boundary substantially altered,
by law or by an ordinance of the sangguniang panlalawigan or
panlungsod, subject to approval by a majority of the votes cast in a
plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected within such period of
time as may be determined by the law or ordinance creating said
barangay. In the case of the creation of barangays by the
sangguniang panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.
Section 386. Requisites for Creation. -
(a) A barangay may be created out of a contiguous
territory which has a population of at least two thousand
(2,000) inhabitants as certified by the National Statistics
Office except in cities and municipalities within Metro
Manila and other metropolitan political subdivisions or in
highly urbanized cities where such territory shall have a
certified population of at least five thousand (5,000)
inhabitants: Provided, That the creation thereof shall not
reduce the population of the original barangay or
barangays to less than the minimum requirement
prescribed herein.
To enhance the delivery of basic services in the
indigenous cultural communities, barangays may be
created in such communities by an Act of Congress,
notwithstanding the above requirement.
(b) The territorial jurisdiction of the new barangay shall
be properly identified by metes and bounds or by more
or less permanent natural boundaries. The territory need
not be contiguous if it comprises two (2) or more islands.
(c) The governor or city mayor may prepare a
consolidation plan for barangays, based on the criteria
prescribed in this Section, within his territorial
jurisdiction. The plan shall be submitted to the
sangguniang panlalawigan or sangguniang panlungsod
concerned for appropriate action.
In the case of municipalities within the Metropolitan
Manila Area and other metropolitan political
subdivisions, the barangay consolidation plan shall be
prepared and approved by the sangguniang bayan
concerned.
CHAPTER II
Barangay Officials and Offices
Section 387. Chief Officials and Offices. -
(a) There shall be in each barangay a punong barangay,
seven (7) sangguniang barangay members, the
sangguniang kabataan chairman, a barangay secretary,
and a barangay treasurer.
(b) There shall also be in every barangay a lupong
tagapamayapa. The sangguniang barangay may form
community brigades and create such other positions or
offices as may be deemed necessary to carry out the
purposes of the barangay government in accordance
with the needs of public service, subject to the
budgetary limitations on personal services prescribed
under Title Five, Book II of this Code.
Section 388. Persons in Authority. - For purposes of the Revised
Penal Code, the punong barangay, sangguniang barangay
members, and members of the lupong tagapamayapa in each
barangay shall be deemed as persons in authority in their
jurisdictions, while other barangay officials and members who may
be designated by law or ordinance and charged with the
maintenance of public order, protection and security of life and
property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of
persons in authority, shall be deemed agents of persons in
authority.
CHAPTER III
The Punong Barangay
Section 389. Chief Executive: Powers, Duties, and Functions. -
(a) The punong barangay, as the chief executive of the
barangay government, shall exercise such powers and
perform such duties and functions, as provided by this
Code and other laws.
(b) For efficient, effective and economical governance,
the purpose of which is the general welfare of the
barangay and its inhabitants pursuant to Section 16 of
this Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are
applicable within the barangay;
(2) Negotiate, enter into, and sign contracts
for and in behalf of the barangay, upon
authorization of the sangguniang barangay;
(3) Maintain public order in the barangay and,
in pursuance thereof, assist the city or
municipal mayor and the sanggunian
members in the performance of their duties
and functions;
26
(4) Call and preside over the sessions of the
sangguniang barangay and the barangay
assembly, and vote only to break a tie;
(5) Upon approval by a majority of all the
members of the sangguniang barangay,
appoint or replace the barangay treasurer, the
barangay secretary, and other appointive
barangay officials;
(6) Organize and lead an emergency group
whenever the same may be necessary for the
maintenance of peace and order or on
occasions of emergency or calamity within the
barangay;
(7) In coordination with the barangay
development council, prepare the annual
executive and supplemental budgets of the
barangay;
(8) Approve vouchers relating to the
disbursement of barangay funds;
(9) Enforce laws and regulations relating to
pollution control and protection of the
environment;
(10) Administer the operation of the
katarungang pambarangay in accordance with
the provisions of this Code;
(11) Exercise general supervision over the
activities of the sangguniang kabataan;
(12) Ensure the delivery of basic services as
mandated under Section 17 of this Code;
(13) Conduct an annual palarong barangay
which shall feature traditional sports and
disciplines included in national and
international games, in coordination with the
Department of Education, Culture and Sports;
(14) Promote the general welfare of the
barangay; and
(15) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) In the performance of his peace and order functions.
the punong barangay shall be entitled to possess and
carry the necessary firearm within his territorial
jurisdiction, subject to appropriate rules and regulations.
CHAPTER IV
The Sangguniang Barangay
Section 390. Composition. - The sangguniang barangay, the
legislative body of the barangay, shall be composed of the punong
barangay as presiding officer, and the seven (7) regular
sangguniang barangay members elected at large and
sangguniang kabataan chairman, as members.
Section 391. Powers, Duties, and Functions. -
(a) The sangguniang barangay, as the legislative body
of the barangay, shall:
(1) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon
it by law or ordinance and to promote the
general welfare of the inhabitants therein;
(2) Enact tax revenue ordinances, subject to
the limitations imposed in this Code;
(3) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
(4) Provide for the construction and
maintenance of barangay facilities and other
public works projects chargeable to the
general fund of the barangay or such other
funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or
sangguniang bayan such suggestions or
recommendations as it may see fit for the
improvement of the barangay or for the
welfare of the inhabitants thereof;
(6) Assist in the establishment, organization,
and promotion of cooperative enterprises that
will improve the economic condition and well-
being of the residents;
(7) Regulate the use of multi-purpose halls,
multi-purpose pavements, grain or copra
dryers, patios and other post-harvest facilities,
barangay waterworks, barangay markets,
parking areas or other similar facilities
constructed with government funds within the
jurisdiction of the barangay and charge
reasonable fees for the use thereof;
(8) Solicit or accept monies, materials and
voluntary labor for specific public works and
cooperative enterprises of the barangay from
residents, land owners, producers and
merchants in the barangay; monies from
grants-in-aid, subsidies, contributions, and
revenues made available to the barangays
from national, provincial, city or municipal
funds; and monies from other private
agencies and individuals: Provided, however,
That monies or properties donated by private
agencies and individuals for specific purposes
shall accrue to the barangay as trust fund;
(9) Solicit or accept, in any or all the foregoing
public works and cooperative enterprises,
such cooperation as is made available by
national, provincial, city, or municipal
agencies established by law to render
financial, technical, and advisory assistance to
barangays and to barangay residents:
Provided, however, That in soliciting or
accepting such cooperation, the sangguniang
barangay need not pledge any sum of money
for expenditure in excess of amounts currently
in the barangay treasury or encumbered for
other purposes;
(10) Provide compensation, reasonable
allowances or per diems as well as travel
expenses for sangguniang barangay
members and other barangay officials, subject
to the budgetary limitations prescribed under
Title Five, Book II of this Code: Provided,
however, That no increase in the
compensation or honoraria of the
sangguniang barangay members shall take
effect until after the expiration of the full term
of all members of the sangguniang barangay
approving such increase;
27
(11) Hold fund-raising activities for barangay
projects without the need of securing permits
from any national or local office or agency.
The proceeds from such activities shall be
tax-exempt and shall accrue to the general
fund of the barangay: Provided, That in the
appropriation thereof, the specific purpose for
which such fund-raising activity has been held
shall be first satisfied: Provided, further, That
no fund-raising activities shall be held within a
period of sixty (60) days immediately
preceding and after a national or local
election, recall, referendum, or plebiscite:
Provided, finally, That said fund-raising
activities shall comply with national policy
standards and regulations on morals, health,
and safety of the persons participating therein.
The sangguniang barangay, through the
punong barangay, shall render a public
accounting of the funds raised at the
completion of the project for which the fund-
raising activity was undertaken;
(12) Authorize the punong barangay to enter
into contracts in behalf of the barangay,
subject to the provisions of this Code;
(13) Authorize the barangay treasurer to make
direct purchases in an amount not exceeding
One thousand pesos (P1,000.00) at any one
time for the ordinary and essential
administrative needs of the barangay;
(14) Prescribe fines in amounts not exceeding
One thousand pesos (P1,000.00) for violation
of barangay ordinances;
(15) Provide for the administrative needs of
the lupong tagapamayapa and the pangkat ng
tagapagkasundo;
(16) Provide for the organization of community
brigades, barangay tanod, or community
service units as may be necessary;
(17) Organize regular lectures, programs, or
fora on community problems such as
sanitation, nutrition, literacy, and drug abuse,
and convene assemblies to encourage citizen
participation in government;
(18) Adopt measures to prevent and control
the proliferation of squatters and mendicants
in the barangay;
(19) Provide for the proper development and
welfare of children in the barangay by
promoting and supporting activities for the
protection and total development of children,
particularly those below seven (7) years of
age;
(20) Adopt measures towards the prevention
and eradication of drug abuse, child abuse,
and juvenile delinquency;
(21) Initiate the establishment of a barangay
high school, whenever feasible, in accordance
with law;
(22) Provide for the establishment of a non-
formal education center in the barangay
whenever feasible, in coordination with the
Department of Education, Culture and Sports;
(23) Provide for the delivery of basic services;
and
(24) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Section 392. Other Duties of Sangguniang Barangay Members. -
In addition to their duties as members of the sangguniang
barangay, sangguniang barangay members may:
(a) Assist the punong barangay in the discharge of his
duties and functions;
(b) Act as peace officers in the maintenance of public
order and safety; and
(c) Perform such other duties and functions as the
punong barangay may delegate.
Section 393. Benefits of Barangay Officials. -
(a) Barangay officials, including barangay tanods and
members of the lupong tagapamayapa, shall receive
honoraria, allowances, and such other emoluments as
may be authorized by law or barangay, municipal or city
ordinance in accordance with the provisions of this
Code, but in no case shall it be less than One thousand
pesos (P1,000.00) per month for the punong barangay
and Six hundred pesos (P600.00) per month for the
sangguniang barangay members, barangay treasurer,
and barangay secretary: Provided, however, That the
annual appropriations for personal services shall be
subject to the budgetary limitations prescribed under
Title Five, Book II of this Code;
(b) The punong barangay, the sangguniang barangay
members, the barangay treasurer, and the barangay
secretary shall also:
(1) Be entitled to Christmas bonus of at least
One thousand pesos (P1,000.00) each, the
funds for which shall be taken from the
general fund of the barangay or from such
other funds appropriated by the national
government for the purpose;
(2) Be entitled, during their incumbency, to
insurance coverage which shall include, but
shall not be limited to temporary and
permanent disability, double indemnity,
accident insurance, death and burial benefits,
in accordance with Republic Act Numbered
Sixty-nine hundred forty-two (R.A. No. 6942),
entitled "An Act Increasing the Insurance
Benefits of Local Government Officials and
Providing Funds Therefor";
(3) Be entitled to free medical care including
subsistence, medicines, and medical
attendance in any government hospital or
institution: Provided, That such hospital care
shall include surgery or surgical expenses,
medicines, X-rays, laboratory fees, and other
hospital expenses;
In case of extreme urgency where there is no
available government hospital or institution,
the barangay official attendance to the
nearest private clinic, hospital or institution
and the expenses not exceeding Five
thousand pesos (P5,000.00) that may be
incurred therein shall be chargeable against
the funds of the barangay concerned;
28
(4) Be exempted during their incumbency
from paying tuition and matriculation fees for
their legitimate dependent children attending
state colleges or universities. He may likewise
avail of such educational benefits in a state
college or university located within the
province or city to which the barangay
belongs; and
(5) Be entitled to appropriate civil service
eligibility on the basis of the number of years
of service to the barangay, pursuant to the
rules and regulations issued by the Civil
Service Commission.
Section 395. Barangay Treasurer: Appointment, Qualification,
(c) Elective barangay officials shall have preference in
Powers and Duties. -
appointments to any government position or in any
government-owned or controlled corporations, including
their subsidiaries, after their tenure of office, subject to
the requisite qualifications and the provisions of the
immediately preceding paragraph.
(d) All duly appointed members of the barangay tanod
brigades, or their equivalent, which shall number not
more than twenty (20) in each barangay, shall be
granted insurance or other benefits during their
incumbency, chargeable to the barangay or the city or
municipal government to which the barangay belongs.
CHAPTER V
Appointive Barangay Officials
Section 394. Barangay Secretary: Appointment, Qualifications,
Powers and Duties. -
(a) The barangay secretary shall be appointed by the
punong barangay with the concurrence of the majority of
all the sangguniang barangay members. The
appointment of the barangay secretary shall not be
subject to attestation by the Civil Service Commission.
(b) The barangay secretary shall be of legal age, a
qualified voter and an actual resident of the barangay
concerned.
(c) No person shall be appointed barangay secretary if
he is a sangguniang barangay member, a government
employee, or a relative of the punong barangay within
the fourth civil degree of consanguinity of affinity.
(d) The barangay secretary shall:
(1) Keep custody of all records of the
sangguniang barangay and the barangay
assembly meetings;
(2) Prepare and keep the minutes of all
meetings of the sangguniang barangay and
the barangay assembly;
(3) Prepare a list of members of the barangay
assembly, and have the same posted in
conspicuous places within the barangay;
(4) Assist in the preparation of all necessary
forms for the conduct of barangay elections,
initiatives, referenda or plebiscites, in
coordination with the COMELEC;
(5) Assist the municipal civil registrar in the
registration of births, deaths, and marriages;
(6) Keep an updated record of all inhabitants
of the barangay containing the following items
of information: name, address, place and date
of birth, sex, civil status, citizenship,
occupation, and such other items of
information as may be prescribed by law or
ordinance;
(7) Submit a report on the actual number of
barangay residents as often as may be
required by the sangguniang barangay; and
(8) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(a) The barangay treasurer shall be appointed by the
punong barangay with the concurrence of the majority of
all the sangguniang barangay members. The
appointment of the barangay treasurer shall not be
subject to attestation by the Civil Service Commission.
(b) The barangay treasurer shall be of legal age, a
qualified voter, and an actual resident of the barangay
concerned.
(c) No person shall be appointed barangay treasurer if
he is a sangguniang barangay member, a government
employee, or a relative of the punong barangay within
the fourth civil degree of consanguinity or affinity.
(d) The barangay treasurer shall be bonded in
accordance with existing laws in an amount to be
determined by the sangguniang barangay but not
exceeding Ten thousand pesos (P10,000.00), premiums
for which shall be paid by the barangay.
(e) The barangay treasurer shall:
(1) Keep custody of barangay funds and
properties;
(2) Collect and issue official receipts for taxes,
fees, contributions, monies, materials, and all
other resources accruing to the barangay
treasury and deposit the same in the account
of the barangay as provided under Title Five,
Book II of this Code;
(3) Disburse funds in accordance with the
financial procedures provided in this Code;
(4) Submit to the punong barangay a
statement covering the actual and estimates
of income and expenditures for the preceding
and ensuing calendar years, respectively,
subject to the provisions of Title Five, Book II
of this Code.
(5) Render a written accounting report of all
barangay funds and property under his
custody at the end of each calendar year, and
ensure that such report shall be made
available to the members of the barangay
assembly and other government agencies
concerned;
(6) Certify as to the availability of funds
whenever necessary;
(7) Plan and attend to the rural postal circuit
within his jurisdiction; and
29
(8) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Section 396. Other Appointive Officials. - The qualifications,
duties, and functions of all other barangay officials appointed by
the punong barangay shall be governed by the provisions of this
Code and other laws or by barangay ordinances.
CHAPTER VI
Barangay Assembly
Section 397. Composition; Meetings. -
(a) There shall be a barangay assembly composed of all
persons who are actual residents of the barangay for at
least six (6) months, fifteen (15) years of age or over,
citizens of the Philippines, and duly registered in the list
of barangay assembly members.
(b) The barangay assembly shall meet at least twice a
year to hear and discuss the semestral report of the
sangguniang barangay concerning its activities and
finances as well as problems affecting the barangay. Its
meetings shall be held upon call of the punong
barangay or of at least four (4) members of the
sangguniang barangay, or upon written petition of at
least five percent (5%) of the assembly members.
(c) No meeting of the barangay assembly shall take
place unless a written notice is given one (1) week prior
to the meeting except on matters involving public safety
or security, in which case notice within a reasonable
time shall be sufficient. The punong barangay, or in his
absence, the sangguniang barangay member acting as
punong barangay, or any assembly member selected
during the meeting, shall act as presiding officer in all
the meetings of the assembly. The barangay secretary,
or in his absence, any member designated by the
presiding officer to act as secretary, shall discharge the
duties of secretary of the barangay assembly.
Section 398. Powers of the Barangay Assembly. - The barangay
assembly shall:
(a) Initiate legislative processes by recommending to the
sangguniang barangay the adoption of measures for the
welfare of the barangay and the city or municipality
concerned;
(b) Decide on the adoption of initiative as a legal
process whereby the registered voters of the barangay
may directly propose, enact, or amend any ordinance;
and
(c) Hear and pass upon the semestral report of the
sangguniang barangay concerning its activities and
finances.
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon,
composed of the punong barangay, as chairman and
ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided
herein.
(b) Any person actually residing or working, in the
barangay, not otherwise expressly disqualified by law,
and possessing integrity, impartiality, independence of
mind, sense of fairness, and reputation for probity, may
be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include
the names of proposed members who have expressed
their willingness to serve, shall be prepared by the
punong barangay within the first fifteen (15) days from
the start of his term of office. Such notice shall be
posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3)
weeks;
(d) The punong barangay, taking into consideration any
opposition to the proposed appointment or any
recommendations for appointment as may have been
made within the period of posting, shall within ten (10)
days thereafter, appoint as members those whom he
determines to be suitable therefor. Appointments shall
be in writing, signed by the punong barangay, and
attested to by the barangay secretary.
(e) The list of appointed members shall be posted in
three (3) conspicuous places in the barangay for the
entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are
members of indigenous cultural communities, local
systems of settling disputes through their councils of
datus or elders shall be recognized without prejudice to
the applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each
lupon member shall take an oath of office before the punong
barangay. He shall hold office until a new lupon is constituted on
the third year following his appointment unless sooner terminated
by resignation, transfer of residence or place of work, or
withdrawal of appointment by the punong barangay with the
concurrence of the majority of all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for
any cause, the punong barangay shall immediately appoint a
qualified person who shall hold office only for the unexpired
portion of the term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the
conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for
exchange of ideas among its members and the public
on matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel
members to share with one another their observations
and experiences in effecting speedy resolution of
disputes; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary
shall concurrently serve as the secretary of the lupon. He shall
record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought
before the lupon a conciliation panel to be known as the
pangkat ng tagapagkasundo, hereinafter referred to as
the pangkat, consisting of three (3) members who shall
30
be chosen by the parties to the dispute from the list of
members of the lupon.
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall
elect from among themselves the chairman and the
secretary. The secretary shall prepare the minutes of
the pangkat proceedings and submit a copy duly
attested to by the chairman to the lupon secretary and to
the proper city or municipal court. He shall issue and
cause to be served notices to the parties concerned.
The lupon secretary shall issue certified true copies of
any public record in his custody that is not by law
otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the
pangkat shall be chosen by the parties to the dispute from among
the other lupon members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot to be drawn by
the lupon chairman.
Section 406. Character of Office and Service of Lupon
Members. -
(a) The lupon members, while in the performance of
their official duties or on the occasion thereof, shall be
deemed as persons in authority, as defined in the
Revised Penal Code.
(b) The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393
and without prejudice to incentives as provided for in
this Section and in Book IV of this Code. The
Department of the Interior and Local Government shall
provide for a system of granting economic or other
incentives to the lupon or pangkat members who
adequately demonstrate the ability to judiciously and
expeditiously resolve cases referred to them. While in
the performance of their duties, the lupon or pangkat
members, whether in public or private employment, shall
be deemed to be on official time, and shall not suffer
from any diminution in compensation or allowance from
said employment by reason thereof.
Section 407. Legal Advice on Matters Involving Questions of
Law. - The provincial, city legal officer or prosecutor or the
municipal legal officer shall render legal advice on matters
involving questions of law to the punong barangay or any lupon or
pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang pambarangay.
Section 408. Subject Matter for Amicable Settlement; Exception
Thereto. - The lupon of each barangay shall have authority to
bring together the parties actually residing in the same city or
municipality for amicable settlement of all disputes except:
(a) Where one party is the government, or any
subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and
the dispute relates to the performance of his official
functions;
(c) Offenses punishable by imprisonment exceeding one
(1) year or a fine exceeding Five thousand pesos
(P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in
different cities or municipalities unless the parties
thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President
may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within
the authority of the lupon under this Code are filed may,
at any time before trial motu propio refer the case to the
lupon concerned for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the
same barangay shall be brought for amicable settlement
before the lupon of said barangay.
(b) Those involving actual residents of different
barangays within the same city or municipality shall be
brought in the barangay where the respondent or any of
the respondents actually resides, at the election of the
complaint.
(c) All disputes involving real property or any interest
therein shall be brought in the barangay where the real
property or the larger portion thereof is situated.
(d) Those arising at the workplace where the contending
parties are employed or at the institution where such
parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise,
the same shall be deemed waived. Any legal question
which may confront the punong barangay in resolving
objections to venue herein referred to may be submitted
to the Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the
appropriate filing fee, any individual who has a cause of
action against another individual involving any matter
within the authority of the lupon may complain, orally or
in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the
complaint, the lupon chairman shall within the next
working day summon the respondent(s), with notice to
the complainant(s) for them and their witnesses to
appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within fifteen
(15) days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of
the pangkat in accordance with the provisions of this
Chapter.
(c) Suspension of prescriptive period of offenses - While
the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted
upon filing the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the
complainant of the complainant or the certificate of
31
repudiation or of the certification to file action issued by (a) The parties may, at any stage of the proceedings,
the lupon or pangkat secretary: Provided, however, That agree in writing that they shall abide by the arbitration
such interruption shall not exceed sixty (60) days from award of the lupon chairman or the pangkat. Such
the filing of the complaint with the punong barangay. agreement to arbitrate may be repudiated within five (5)
days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed.
(d) Issuance of summons; hearing; grounds for
The arbitration award shall be made after the lapse of
disqualification - The pangkat shall convene not later
the period for repudiation and within ten (10) days
than three (3) days from its constitution, on the day and
thereafter.
hour set by the lupon chairman, to hear both parties and
their witnesses, simplify issues, and explore all
possibilities for amicable settlement. For this purpose, (b) The arbitration award shall be in writing in a
the pangkat may issue summons for the personal language or dialect known to the parties. When the
appearance of parties and witnesses before it. In the parties to the dispute do not use the same language or
event that a party moves to disqualify any member of dialect, the award shall be written in the language or
the pangkat by reason of relationship, bias, interest, or dialect known to them.
any other similar grounds discovered after the
constitution of the pangkat, the matter shall be resolved
Section 414. Proceedings Open to the Public; Exception. - All
by the affirmative vote of the majority of the pangkat
proceedings for settlement shall be public and informal: Provided,
whose decision shall be final. Should disqualification be
however, That the lupon chairman or the pangkat chairman, as the
decided upon, the resulting vacancy shall be filled as
case may be, may motu proprio or upon request of a party,
herein provided for.
exclude the public from the proceedings in the interest of privacy,
decency, or public morals.
(e) Period to arrive at a settlement - The pangkat shall
arrive at a settlement or resolution of the dispute within
Section 415. Appearance of Parties in Person. - In all
fifteen (15) days from the day it convenes in accordance
katarungang pambarangay proceedings, the parties must appear
with this section. This period shall, at the discretion of
in person without the assistance of counsel or representative,
the pangkat, be extendible for another period which
except for minors and incompetents who may be assisted by their
shall not exceed fifteen (15) days, except in clearly
next-of-kin who are not lawyers.
meritorious cases.

Section 416. Effect of Amicable Settlement and Arbitration

Section 411. Form of settlement. - All amicable settlements shall
Award. - The amicable settlement and arbitration award shall have
be in writing, in a language or dialect known to the parties, signed
the force and effect of a final judgment of a court upon the
by them, and attested to by the lupon chairman or the pangkat
expiration of ten (10) days from the date thereof, unless
chairman, as the case may be. When the parties to the dispute do
repudiation of the settlement has been made or a petition to nullify
not use the same language or dialect, the settlement shall be
the award has been filed before the proper city or municipal court.
written in the language known to them.

However, this provision shall not apply to court cases settled by

Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office
for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat
chairman or unless the settlement has been repudiated
by the parties thereto.
(b) Where Parties May Go Directly to Court. - The
parties may go directly to court in the following
instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been
deprived of personal liberty calling for habeas
corpus proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred
by the statute of limitations.
the lupon under the last paragraph of Section 408 of this Code, in
which case the compromise or the pangkat chairman shall be
submitted to the court and upon approval thereof, have the force
and effect of a judgment of said court.
Section 417. Execution. - The amicable settlement or arbitration
award may be enforced by execution by the lupon within six (6)
months from the date of the settlement. After the lapse of such
time, the settlement may be enforced by action in the appropriate
city or municipal court.
Section 418. Repudiation. - Any party to the dispute may, within
ten (10) days from the date of the settlement, repudiate the same
by filing with the lupon chairman a statement to that effect sworn
to before him, where the consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as hereinabove
provided.
Section 419. Transmittal of Settlement and Arbitration. - Award to
the Court. - The secretary of the lupon shall transmit the
settlement or the arbitration award to the appropriate city or
municipal court within five (5) days from the date of the award or
from the lapse of the ten-day period repudiating the settlement and
shall furnish copies thereof to each of the parties to the settlement
and the lupon chairman.
Section 420. Power to Administer Oaths. - The punong barangay,
as chairman of the lupong tagapamayapa, and the members of the
pangkat are hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the implementation of
the katarungang pambarangay.

(c) Conciliation among members of indigenous cultural

Section 421. Administration; Rules and Regulations. - The city or
communities. - The customs and traditions of indigenous
municipal mayor, as the case may be, shall see to the efficient and
cultural communities shall be applied in settling disputes
effective implementation and administration of the katarungang
between members of the cultural communities.
pambarangay. The Secretary of Justice shall promulgate the rules
and regulations necessary to implement this Chapter.
Section 413. Arbitration. -
32
Section 422. Appropriations. - Such amount as may be necessary (1) Law;
for the effective implementation of the katarungang pambarangay
shall be provided for in the annual budget of the city or
(2) Contracts;
municipality concerned.

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts. (1089a)

REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF

THE PHILIPPINES

PRELIMINARY TITLE

CHAPTER 2
Human Relations (n)

Article 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.
Article 21. Any person who wilfully causes loss or injury to
another in manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage.

Article 26. Every person shall respect the dignity, personality,

privacy and peace of mind of his neighbors and other persons.
The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages,
prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family

relations of another;

(3) Intriguing to cause another to be alienated from his

friends;

(4) Vexing or humiliating another on account of his

religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.

Article 27. Any person suffering material or moral loss because a

public servant or employee refuses or neglects, without just cause,
to perform his official duty may file an action for damages and
other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.

Article 28. Unfair competition in agricultural, commercial or

industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the
person who thereby suffers damage.

BOOK IV
Obligations and Contracts

TITLE I
Obligations

CHAPTER 1
General Provisions

Article 1156. An obligation is a juridical necessity to give, to do or

not to do. (n)

Article 1157. Obligations arise from: