BBL bicam approves proposed Bangsamoro justice system

The bicameral panel deliberating on the Bangsamoro Basic Law (BBL) has approved the provision on the Bangsamoro justice system, Senate Majority Leader Juan Miguel Zubiri, co-chair of the panel, said Thursday.

Zubiri said under the approved version of Article X, cases involving Muslims and Christians would be under the jurisdiction of the ordinary trial courts.

“Under the approved version of the articles, when it comes to cases involving Muslims and Christians, it is very clear it would be the ordinary trial courts of the area,” the senator told reporters in a briefing two hours after they resumed deliberations in the House of Representatives.

The Shari’ah or Islamic law, which forms part of the Islamic tradition derived from religious precepts of Islam, particularly of the Qur’an and Hadith, will only apply to cases involving Muslims, the approved provision stated.

However, it may apply to non-Muslims who voluntarily submit to the jurisdiction of the Shari’ah courts.

Meanwhile, traditional or tribal laws will be applicable to disputes of indigenous peoples within the envisioned Bangsamoro region.

“The provisions of this article shall not prejudice the rights of non-Muslims and non-indigenous peoples,” the draft reads.

Within the territorial jurisdiction of the Bangsamoro, there will be Shari’ah High Court, district courts, and circuit courts.

Section 4 of the Article also stipulates that the Bangsamoro parliament can enact laws pertaining to personal, family and property law jurisdiction only.

The parliament is likewise conferred with the power to enact laws governing commercial and civil action not provided for under Presidential Decree No. 1083, or the Code of Muslim Personal Laws of the Philippines. /ee

Read or download the copy of the panel-approved provision here: Article X – Bangsamoro Justice System