Philippine Bar review · Question

Practice question: Shari’ah Circuit Courts (PD 1083; RA 11054)

Multiple Choice Hard Jurisprudence

Practice question

A BARMM civil action falls within ArticleX §5(b)'s listed marriage-related subject matter. One party is Muslim and the other non-Muslim. The non-Muslim voluntarily submits to Shari’ah jurisdiction, and the remaining statutory conditions are satisfied. Counsel nevertheless argues that mixed religion absolutely bars the Circuit Court. Which is correct?
  1. The categorical objection fails because the Organic Law expressly permits the non-Muslim party's voluntary submission under its conditions.
  2. Mixed religion always bars the court even if the law expressly permits submission.
  3. The plaintiff alone may supply consent for every defendant.
  4. Voluntary submission authorizes the court to hear any subject whatever.
  5. BARMM residence automatically converts the non-Muslim's religion.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html — PD1083 Arts143–144,155.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/92699 — RA11054 ArtX §§1–6.
  • https://lawphil.net/statutes/repacts/ra2024/ra_12018_2024.html — RA12018 §§1–3.

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