To address the lack of access of Muslims to Shari’ah judges and courts outside the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), Senator Robin Padilla filed a resolution proposing to amend the constitutional requirement for judges of lower courts.
Padilla filed Resolution of Both Houses 10, which proposes that members of the Senate and House of Representatives vote separately to amend Sec. 7 of Art. VIII (Judicial Department) of the 1987 Constitution.
Under the Resolution of Both Houses, “the requisite membership to the Philippine Bar shall not apply to Shari’ah judges”.
Under the Resolution of Both Houses, while no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar, “the requisite membership to the Philippine Bar shall not apply to Shari’ah judges”.
“Personal accounts of our Muslim brothers and sisters indicate difficulties in accessing these courts due to geographical location.”
“Personal accounts of our Muslim brothers and sisters indicate difficulties in accessing these courts due to geographical location, prompting Congress to pass a law to create additional Shari’ah judicial districts and circuit courts outside of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM),” the legislator said.
“Filling the vacant positions in Shari’ah courts is also a persistent problem for our Muslim brothers and sisters due to the restrictions set forth by the Constitution,” the lawmaker added.
The senator also pointed out that during the 2nd Philippine Congress-Bangsamoro Parliament Forum (PCBPF) meeting in August 2023, the difficulty in maintaining occupancy of vacant positions in Shari’ah courts due to stringent requirements was among the issues raised.
