Executive Order No. 0006 s. 2025

Bangsamoro Autonomous Region in Muslim Mindanao Bangsamoro Government Center, Governor Gutierrez Avenue Rosary Heights VII, Cotabato City 9600 OFFICE OF THE CHIEF MINISTER Republic of thr Alilipptnes

EXECUTIVE ORDER NO.0 0 0 6 %

Series of 2025

ORGANIZING THE BANGSAMORO SHARI'AH PUBLIC ASSISTANCE OFFICE INSTITUTING THE PROGRAM FOR PROVISION OF LEGAL ASSISTANCE TO BANGSAMORO INDIGENT LITIGANTS BEFORE THE SHARI'AH COURTS, AND FOR OTHER PURPOSES

the courts and quasi-judicial bodies and adequate legal assistance to all, particularly the underprivileged, ensuring that indigent litigants are not denied justice by reason of poverty; WHEREAS, Article III, Section 11 of the 1987 Constitution guarantees free access to

Bangsamoro Autonomous Region in Muslim Mindanao empowers the Bangsamoro others, a Shari'ah public assistance office; Parliament to create new offices in support of the Shari'ah justice system including, among WHEREAS, Article X, Section 16 of Republic Act No. 11054 or the Organic Law for the

the Shari'ah Public Assistance Office; No. 13 or the Bangsamoro Administrative Code, the Parliament has ordained the creation of WHEREAS, in Book III, Title V (B), Sections 13 and 14 of Bangsamoro Autonomy Act

Act of the Bangsamoro for Fiscal Year 2025 (GAAB FY 2025) has included, as part of the programs under the Office of the Chief Minister, a program for the provision of legal assistance to Bangsamoro indigent litigants before the Shari'ah courts; WHEREAS, Bangsamoro Autonomy Act No. 65 or the 2025 General Appropriations

Shari'ah courts is a necessary intervention for promoting the rule of law and ensuring equal access to justice for all Bangsamoro peoples and communities, regardless of means or background; WHEREAS, the provision of free legal aid and assistance to indigent litigants in the

Government and grants the authority to create offices, organize the bureaucracy, and of social services in the Bangsamoro Autonomous Region. Law for the Bangsamoro Autonomous Region in Muslim Mindanao, in relation to Book IV Chapter 4, Section 68 of the Bangsamoro Administrative Code and Section 68 of Bangsamoro Autonomy Act No. 65 or the 2025 General Appropriations Act of the Bangsamoro, empowers the Chief Minister to issue executive orders and other policies of the Bangsamoro establish other offices and institutions necessary for the exercise of its functions and delivery WHEREAS, Article VII, Sections 32 and 38 of Republic Act No. 11054 or the Organic

Autonomous Region in Muslim Mindanao, by virtue of the power vested in me by law, do NOW, THEREFORE, I, ABDULRAOF A. MACACUA, Chief Minister of the Bangsamorc

hereby order:

SECTION 1. The Shari'ah Public Assistance Office. -- The Shari'ah Public Assistance Office (SPAO) of the Bangsamoro, as provided under Book III, Title V (B), Sections 13 and 14 of Bangsamoro Autonomy Act No. 13 or the Bangsamoro Administrative Code is hereby activated and organized.

principles of justice, fairness, and equity consistent with its adherence to the tenets of moral SECTION 2. Mandate. - It is the policy of the BARMM to uphold the values and

governance. To this end, it shall ensure that poor or indigent constituents of the Bangsamoro enjoy full and equal access to justice through the SPAO.

mandate by rendering, free of charge, competent legal representation, assistance, and The SPAO shall be the principal office of the Bangsamoro Government in fulfilling this

counselling to indigent litigants and parties in the Shari'ah courts.

SECTION 3. Composition; Organizational Structure. -- The SPAO shall be headed by a director to be known as the Bangsamoro Chief Public Shari'ah Counselor; to be assisted by two (2) deputies to be known as Deputy Chief Public Shari'ah Counselors. The Chief Public Shari'ah Counselor and Deputy Chief Public Shari'ah Counselors shall be members in good standing of the Philippine Shari'ah Bar.

or indigent party litigants in the various circuit and district level Shari'ah courts: Provided, the Shari'ah High Court. districts within the Bangsamoro Autonomous Region, to provide free legal assistance to poor That, where necessary, the SPAO shall also extend legal services for indigent litigants before The SPAO shall be established and have presence in each of the Shari'ah judicial

headed by a district public Shari'ah counselor corresponding to the second, third, fourth, and of Muslim Personal Laws, to cover and serve the qualified parties and litigants before the circuit and district level Shari'ah courts in the provinces of Tawi-Tawi, Basilan including the Area (SGA). fifth Shari'ah Districts constituted in Article 138 of Presidential Decree No. 1083 or the Code City of Lamitan, Lanao del Sur including the City of Marawi, Maguindanao del Sur, Maguindanao del Norte, City of Cotabato, and the municipalities of the Special Geographic For this purpose, there shall be established four (4) district offices of the SPAO to be

Bangsamoro litigants in the First Shari'ah District in the Province of Sulu or those covered jurisdiction of the Bangsamoro Autonomous Region, upon the discretion and approval of the Bangsamoro Chief Public Shari'ah Counselor. under other Shari'ah judicial districts, provinces, or areas outside of the territorial Nothing in this Order shall be interpreted to preclude the SPAO from serving qualified

Section 4. Functions. -- The Shari'ah Public Assistance Office shall have the following functions: a. Provide free legal assistance to indigent party litigants with cases before the b. Prepare and file petitions, complaints, and/or responsive pleadings, and Shari'ah Courts;

C. Prepare and file responsive pleadings and represent indigent represent indigent defendants in ordinary civil actions before the Shari'ah Courts;

d. Prepare affidavits and represent indigents in any stage of criminal proceedings e. Perform such other functions as may be assigned by higher authorities. proceedings before the Shari'ah Courts; before the Shari'ah Courts; and defendants/respondents in ordinary civil actions, special civil actions, and special

supported by immediate and support staff and other operational and administrative units, SECTION 5. Administrative Personnel and Staffing Pattern. - The SPAO shall be

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divisions, or line services and personnel. For this purpose, the SPAO shall formulate its organizational structure and staffing pattern, subject to the approval of the Ministry of Finance, and Budget and Management (MFBM) and consistent with this Order, and with pertinent laws, rules and regulations.

Shari'ah Counselors or any permanent vacancy thereof, the Chief Minister shall appoint a resignation of the incumbent Chief Public Shari'ah Counselor and Deputy Chief Public new Chief Public Shari'ah Counselor or Deputy Chief Public Shari'ah Counselor, or shall SECTION 6. Vacancy in Office. -- In case of death, permanent incapacity, removal or

designate one, as the case may be, in an acting capacity until a new one shall have been appointed: Provided, that where there is an incumbent qualified Deputy Chief Public Shari'ah Counselor, he or she shall have preference in such designation.

designate an Officer-In-Charge as caretaker of the Office. In case of temporary absence of the Chief Public Shari'ah Counselor, the latter may

the program for the provision of free legal aid and assistance to indigent litigants in the Shari'ah courts, and perform such other functions as provided in this Order. Litigants before the Shari'ah Courts. -- The SPAO shall oversee, coordinate, and implement SECTION 7. Program for Provision of Legal Assistance to Bangsamoro Indigent

the interest of justice will be served thereby. or cases before the various Shari'ah courts, where, after due evaluation, it is determined that The SPAO shall provide legal services, free of charge, to indigent persons in all matters

on appeal to the Shari'ah district courts and the Shari'ah High Court, and those representing proceedings before the Shari'ah Courts. Shari'ah court is deemed meritorious at any stage of the proceedings, including cases already the causes of plaintiffs or petitioners in ordinary civil actions, special civil actions, special shall extend free legal services to any applicant who is indigent and whose case in the Upon due evaluation and approval of the Chief Public Shari'ah Counselor, the SPAO

the purposes of this Order: for the disqualification of an applicant from availing of free legal services. (a) Those residing in the Bangsamoro region whose family income per month does (b) Those without real property exceeding Three Hundred Thousand Pesos SECTION 8. Indigency Test. -- The following shall be considered indigent persons for For this purpose, ownership of land or other property does not constitute a ground not exceed the average minimum wage rate; (P300,000.00).

Development (MSSD) and the Ministry of Labor and Employment (MOLE) regarding the thresholds of the amounts for the indigency test provided herein and shall make the proper adjustments whenever warranted. The SPAO shall regularly consult with the Ministry of Social Services and

following: shall be provided free legal services, an applicant shall be required to submit any of the (a) Latest Income Tax Return, pay slip, or other similar proof of net income; (b) Certificate of Indigency from the MSSD; or (c) Certificate of Indigency from the Barangay having jurisdiction over the residence SECTION 9. Proof of Indigency. - In order to ensure that only qualified applicants of the applicant.

the law and evidence on hand discloses that the legal services of the office will assist, or be SECTION 10. Merit Test. -- A case shall be considered meritorious if an evaluation of

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in aid of, or in furtherance of justice, good morals, good customs, public policy, public safety public order, and public interest, taking into consideration the interests of the party and those of the community. In such cases, the SPAO shall represent the party concerned.

A case shall be deemed unmeritorious if it appears, from an evaluation of the law and evidence on hand, that it has no chance of success, or is intended merely to harass or injure the opposite party, or to cause oppression or wrong. In which case, the SPAO must decline to accept said case.

belonging to or coming from the following sectors: priority attention to prospective clients who meet the above-mentioned requirements SECTION 11. Priority Attention. -- The SPAO shall, as much as practicable, give (e) Persons Deprived of Liberty; (g) Such others as may be provided by law. (b) Children and Minors; (c) Senior Citizens; (d) Persons With Disabilities; (f) Internally Displaced Persons; and (a) Women;

may be called upon by proper government authorities of the Bangsamoro Government to render such service to other persons, subject to existing laws, rules and regulations. SECTION 12. Immediate Legal Service. -- In the exigency of the service, the SPAO

Attorney General's Office and other BMOAs. - To ensure policy coherence, legal consistency, and effective delivery of justice services, the SPAO shall coordinate with the SECTION 13. Independence of the SPAO; Coordination with the Bangsamoro

affecting the Bangsamoro Government. Bangsamoro Attorney General's Office (BAGO) and other Bangsamoro Ministries, Offices, or Agencies (BMOAs) on matters of policy, program implementation, and legal strategy

accordance with its mandate under this Order and the applicable laws. representing indigent litigants before the Shari'ah courts, nor to limit its authority to act in Nothing in this Section shall be construed to impair the independence of the SPAO in

Institutions, and the Judiciary. - The SPAO shall likewise establish cooperative mechanisms with the national government agencies, such as the Judiciary, and the Public SECTION 14. Coordination with National Government Agencies, Other

Attorney's Office, other institutions providing essential legal aid and assistance such as Integrated Bar of the Philippines (IBP) and other legal and academic institutions for purposes of referral of cases, joint training programs, continuing legal education, community outreach, and promotion of access to justice.

shall be exempt from payment of docket, court fees and other fees incidental to instituting an action in Shari'ah courts, as an original proceeding or on appeal. SECTION 15. Exemption from Fees and Costs of the Suit. -- The clients of the SPAO

the courts, the SPAO shall develop an interim program that shall address the same until such accounting, and auditing laws, rules and regulations. a time that full exemption from the courts is fixed, subject to the relevant budgeting Where payment of fees is required, including docket and filing fees to be paid with

this Order, the Chief Public Shari'ah Counselor shall, in coordination with the proper SECTION 16. SPA0 Manual of Operations. -- Within 60 days after the effectivity of

agencies and stakeholders, formulate and promulgate the SPAO Manual of Operations.

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program, "Provision of Legal Assistance to Bangsamoro Indigent Litigants Before the Shari'ah Courts" as provided in the Bangsamoro Autonomy Act No. 65 or the GAAB FY 2025: Provided, shall be Nine Million, Six Hundred Twenty-One Thousand Seven Hundred Seventy-One Pesos (P9,621,771.00) to be sourced from the provision of the Office of the Chief Minister's That additional funding requirements may also be sourced from the Contingent Fund, subject to the relevant budgeting, accounting, and auditing laws, rules and regulations. SECTION 17. Funding. -- The initial funding for the implementation of this Order

of the SPAO for regular funding. Appropriations for the succeeding years shall be incorporated in the budget proposal

which are inconsistent with this Order are hereby repealed or modified accordingly. SECTION 18. Repeal. -- All other rules, regulations and issuances, or parts thereof,

or unconstitutional, the other provisions unaffected thereby shall remain valid and SECTION 19. Separability. - Should any provision of this Order be declared invalid

subsisting.

newspaper of regional circulation. SECTION 20. Effectivity. - This Order shall take effect upon publication in a

DONE in the City of Cotabato, this I+h. day of December 2025.

ABDULRAO Chief F/A.MACACUA Minister

OCM AAA204206 RMMAMS-RI

316 ELEASED ime PASMIA-ALIJA M.LAUBAN T5 EC 2I25 7VOPN

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