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Session OF: Fourteenth Congress of The First Regular Republic The Peilppines

This bill seeks to amend Republic Act 1080 to declare the Special Shari'a Bar Examination given by the Supreme Court as a civil service examination. Passing the exam would confer appropriate civil service eligibility for positions in the classified service. The bill aims to recognize Special Shari'a Bar exam passers and grant them the same benefits as those who pass other bar and board exams under RA 1080, such as being eligible for first or second grade positions depending on their qualifications. Currently, the Special Shari'a Bar Exam is not covered by RA 1080 so passers do not receive civil service eligibility. The bill's passage would address this issue.

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Session OF: Fourteenth Congress of The First Regular Republic The Peilppines

This bill seeks to amend Republic Act 1080 to declare the Special Shari'a Bar Examination given by the Supreme Court as a civil service examination. Passing the exam would confer appropriate civil service eligibility for positions in the classified service. The bill aims to recognize Special Shari'a Bar exam passers and grant them the same benefits as those who pass other bar and board exams under RA 1080, such as being eligible for first or second grade positions depending on their qualifications. Currently, the Special Shari'a Bar Exam is not covered by RA 1080 so passers do not receive civil service eligibility. The bill's passage would address this issue.

Uploaded by

Mojaahed
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FOURTEENTH CONGRESS OF THE )

REPUBLIC OF THE PEILPPINES ) ,’


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First Regular Session 1 I. ,,

Introduced by Senator Antonio “Sonny” F. Trillanes IV

EXPLANATORY NOTE

This bill seeks to declare the Special Shari’a Examinations given by the Supreme Court
as a civil service examination and thus conferring the passers appropriate civil service
eligibility, amending Republic Act 1080 entitled “An Act Declaring the Bar and Board
Examinations As Civil Service Examinations.”

When Former President Ferdinand E. Marcos signed PD 1083, otherwise h o w n as the


Code of Muslim Personal Laws of the Philippines and the Supreme Court subsequently
promulgated the complimenting Special Rules of Procedure for the Shari’a Courts (Ijra-at
Al-Mahakim Al Shari‘a), the long struggle of the Filipino Muslims for recognition and
acceptance of their customs and traditions as embodied in their personal laws has come
into realization.

To implement this law, the government through its proper agency, the Office on Muslim
Affairs, in coordination with the Supreme Court and the Department of Justice, conducts
Shari’a Institute Training for qualified Muslims and administers special Shari’a Bar
Examinations to qualify those who will pass to practice the Muslim Law before the
Special Shari’a Courts of the Philippines and to be appointed as judges of the Shari’a
Courts created pursuant to the Muslim Code. To this date, there are 300 Shari’a Lawyers
licensed to practice in Shari’a Courts. In 2003, the number of successful candidates of the
Shari’a Bar Examinations equals the lowest number of passers recorded in 1987.
However, the Shari’a Bar Examinations is not covered by Republic Act 1080 which was
enacted on June 15, 1954. As such, the Special Shari’a Bar examinations does not fall
within the ambit of the said law. Although passing the said examination is a requirement
for an appointment to the Shari’a Courts, the Civil Service Commission does not consider
this as civil service examination and passers are not conferred civil service eligibility
appropriate to first and secondary level positions.

In the light of the above, the early passage of this bill is earnestly sought.

Senator

1
FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) z;.
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ISjyi “+ ;‘:i ’: 1 i ’:
First Regular Session )

Introduced by Senator Antonio “Sonny” F. Trillanes IV

AN ACT
DECLARING THE SPECIAL SHARI’A BAR EXAMINATION AS CTVIL
SERVICE EXAMINATION AMENDING FOR TEE PURPOSE RA. 1080
ENTITLED “AN ACT DECLARING THE BAR AND BOARD EXAMINATIONS
AS CIVIL SERVICE EXAMINATIONS”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled

1 SECTION 1. The bar examinations including the Special Shari’a Bar

2 Examination and the examination given by the various boards of examiners of the

3 Government are declared as civil service examinations, and shall for purposes of

4 appointment to positions in the classified service of the duties of which involve

5 knowledge of the respective professions except positions requiring highly specialized

6 knowledge not covered by the ordinary board examinations, be considered as equivalent

7 to the first grade regular examinations given by the Bureau of Civil Service if the

8 profession requires at least four (4)years of study in college and the person has practiced

9 his professions for at least two years, and as equivalent to the second grade examination

10 if the profession requires less than four years of college study.

11

12 SEC. 2. The Commissioner of Civil Service shall be h i s h e d by the Clerk of the

13 Supreme Court and the Secretary of the Board of Examiners a list of all the successful

14 candidates in the bar and board examinations, including the Special Shari’a Bar

15 Examination, with their general averages and preference shall be given those obtaining

1
1 the highest ratings in making appointments, Provided, That for those who have already

2 passed the corresponding bar and board examinations, including the Special Shari’a

3 Examination, the eligibility shall be deemed to commence from the approval of the Act.

5 SEC. 3. The commissioner of Civil Service shall promulgate the rules and

6 regulations to implement the provisions of this Act.

8 SEC. 4. The benefits granted under this Act shall not prescribe the provisions of

9 civil service law or regulations notwithstanding.

10

11 SEC. 5. This Act shall take effect fifteen (15) days from its publication in the

12 Official Gazette or in any two newspapers of general circulation.

Approved,

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