HEARING OR

TRIAL
SECTION 7, SPECIAL RULES
SECTION 7.

HEARING OR TRIAL. -- (1) THE PLAINTIFF (MUDDA'I) HAS THE

BURDEN OF PROOF, AND THE TAKING OF AN OATH (VAMIN)
RESTS UPON THE DEFENDANT (MUDDA'ALAI). IF THE
PLAINTIFF HAS NO EVIDENCE TO PROVE HIS CLAIM, THE
DEFENDANT SHALL TAKE AN OATH AND JUDGMENT SHALL BE
RENDERED IN HIS FAVOR BY THE COURT.

SHOULD THE DEFENDANT REFUSE TO TAKE AN OATH, THE

PLAINTIFF SHALL AFFIRM HIS CLAIM UNDER OATH IN WHICH
EASE JUDGMENT SHALL BE RENDERED IN HIS FAVOR.
SHOULD THE PLAINTIFF REFUSE TO AFFIRM HIS CLAIM
UNDER OATH, THE CASE SHALL BE DISMISSED.
2) IF THE DEFENDANT ADMITS THE CLAIM OF
THE PLAINTIFT, JUDGMENT SHALL BE
RENDERED IN HIS FAVOR BY THE COURT
WITHOUT FURTHER RECEIVING EVIDENCE.
(3) IF THE DEFENDANT DESIRES TO OFFER
DEFENSE, THE PARTY AGAINST WHOM JUDGMENT
WOULD BE GIVEN ON THE PLEADINGS AND
ADMISSION MADE, IF NO EVIDENCE WAS
SUBMITTED, SHALL HAVE THE BURDEN TO PROVE
HIS CASE.

THE STATEMENTS SUBMITTED BY THE PARTIES AT

THE PRE-TRIAL SHALL CONSTITUTE THE DIRECT
TESTIMONY OF THE WITNESSES AS BASIS FOR
CROSS-EXAMINATION.
QUESTION
:
WHO HAS THE BURDEN OF
PROOF?
BASIS OF THE RULE

THIS PROCEDURE IS NEW IN PHILIPPINE PROCEDURAL LAW.

IT IS BASED ON THE PROPHETIC TRADITION WHICH STATES
THAT "[EVIDENCE IS INCUMBENT ON THE PART OF THE
CLAIMANT (MUDDA'I) AND AN OATH (YAMIN) IS ON THE PART
OF ONE WHO DENIES" (SUNAN AL-BAYHAQI, VITI 177 CITED
IN ANWARULLAH, ISLAMIC LAW ON EVIDENCE.P.
RULE, COMPARED WITH CIVIL PROCEDURE

IN ISLAMIC PROCEDURE, THE ABSENCE OF EVIDENCE

IN FAVOR OF THE PLAINTIFF DOES NOT RESULT TO THE
DISMISSAL OF THE CASE. JUDGMENT MAY STILL BE
RENDERED IN FAVOR OF THE PLAINTIFF IF THE
DEFENDANT REFUSES TO TAKE THE OATH AND THE
PLAINTIFF AFFIRMS HIS CLAIM UNDER OATH. THE
WANT OF EVIDENCE OF THE PART OF PLAINTIFF DOES
NOT ALTOGETHER MEAN THAT HIS CLAIM IS
GROUNDLESS.
IN CIVIL PROCEDURE,

WHEN THE PLAINTIFF HAS NO SUFFICIENT EVIDENCE TO

PROVE HIS CLAIM, HIS COMPLAINT SHALL BE DISMISSED.
THIS INCLUDES A SITUATION WHERE EVEN PLAINTIFF'S
OWN KNOWLEDGE OF THE CLAIM COULD NOT
SUFFICIENTLY SUPPORT HIS CAUSE.
IN CONSEQUENCE, HE CANNOT TESTIFY IN
SUPPORT OF HIS CAUSE NOR CAN HIS AGENT,
PARENT, CHILD, AND SLAVE. THUS, WHEN HE
TAKES THE OATH UPON BEING CHALLENGED BY
THE DEFENDANT, HIS OATH ON THE TRUTH OF THE
CLAIM OR ACCUSATION TAKES THE PLACE OF HIS
ORAL TESTIMONY; HIS OATH BECOMES PROOF OF
THE CLAIM OR ACCUSATION.
NOTA BENE:
MUSLIMS THEORETICALLY GIVE SO MUCH WEIGHT TO OATH.
IN ISLAM, THE TAKING OF THE OATH TO PRACTICE
DECEPTION IS PROMISED WITH A DOUBLE PENALTY, THAT IS,
"EVIL CONSEQUENCES" WHICH, ACCORDING TO YUSUF ALI,
REFER TO THIS WORLD, AND "WRATH" WHICH REFER TO THE
HEREAFTER (HOLY QUR'AN, 2:94; YUSUF ALI, OP. CIT., P. 682).
THE FEAR OF BELIEVING MEN OF THE EVIL CONSEQUENCES
AND ALLAH'S WRATH ENTAILS THEM TO TELL THE TRUTH
AND AVOID FALSEHOOD. A BELIEVING MAN WILL NOT SWEAR
TO FALSEHOOD FOR FEAR OF INCURRING A GRAVE SIN.
TELLING LIES IS ONE OF THE GREATEST OF GREAT SINS IN
THE ISLAMIC FAITH (KHAN, DR. MUHAMMAD M.,
SUMMARIZED SAHIH AL-BUKHARI, KSA, 1994, P.
TAMPAR VS.
USMAN
SHARIAH COURT RULING:

THE COURT OVERRULED THE OPPOSITION AND

DIRECTED RESPONDENT USMAN TO TAKE THE OATH,
WHICH HE COMPLIED AFTER HIS MOTION FOR
RECONSIDERATION WAS DENIED. HAVING THUS
TAKEN THE OATH, JUDGMENT WAS RENDERED IN
FAVOR OF RESPONDENTS AND THE COMPLAINT
AGAINST THEM WAS DISMISSED.
THE COURT SHARES THE CONCERN OF PETITIONERS IN THE
USE OF THE "YAMIN" IN THIS PROCEEDING, AND FOR THAT
MATTER, BEFORE PHILIPPINE SHARI'A COURTS. SECTION 7 OF
THE SPECIAL RULES OF PROCEDURE PRESCRIBED FOR
SHARIA COURTS AFORECITED PROVIDES THAT IF THE
PLAINTIFF HAS NO EVIDENCE TO PROVE HIS CLAIM, THE
DEFENDANT SHALL TAKE AN OATH AND JUDGMENT SHALL BE
RENDERED IN HIS FAVOR BY THE COURT. ON THE OTHER
HAND, SHOULD DEFENDANT REFUSE TO TAKE AN OATH,
PLAINTIFF MAY AFFIRM HIS CLAIM UNDER OATH, IN WHICH
CASE JUDGMENT SHALL BE RENDERED IN HIS FAVOR.
 ADMISSION OF
THE CLAIM

If the defendant admits the

claim of the plaintiff,
judgement shall be rendered
in favor of the latter without
further receiving evidence.
[Sec. 7(2), Special Rules)
CONCEPT OF
ADMISSION
A statement made by a person
acknowledging the right of
another person upon himself.

In civil cases, it is the strongest

evidence to prove a cause of
action (Alauya, p. 44) and in
criminal cases, it is an
alternative proof for the
establishment of guilt.
CLASSIFICATION OF
ADMISSION

1. Judicial, or those made

on the record, or in
connection with the judicial
proceedings in which it is
offered;

2. Extrajudicial, or those
made elsewhere,
irrespective of time, place,
 ADMISSION IN
ISLAMIC LAW
• The Court generally accepts an
admission without requiring any
further proof from the claimant.
• An admission must, however, be
unconditional, and it must be
voluntary, so that if obtained by
coercion is not binding nor if made in
jest.
• In Islamic law, an out of court
admission must be proven by the
testimony of two competent
CONDITIONS FOR
ADMISSION UNDER
ISLAMIC LAW

1. The person who admits or

confesses must be adult and
sane;

2. The confession or admission

must be explicit as to the
commission of the crime or
violation of the right;
CONDITIONS FOR
ADMISSION UNDER
ISLAMIC LAW

3. The person who admits or

confesses must be capable of
self-expression; and

4. The confession or admission

must be with free consent
without any pressure or
compulsion.
ADMISSION
AS PROOF

In Islamic law, an admission made

in court, or even out of court if two
competent witnesses testify
thereto, is final and irrevocable in
all cases in which human rights
predominate, and judgment may
immediately be given accordingly,
even in homicide cases.
ISLAMIC PROCEDURE
FOR HEARING
PERIOD FOR
RENDITION OF
JUDGMENT
Section 8 provides that the
judgment shall be rendered
within fifteen (15) days from the
termination of the trial, or
disposition of the case should
there be no formal trial or
hearing.
BURDEN OF
PROOF
• Burden of proof or onus probandi is
meant the obligation imposed upon a
party who alleges the existence of a fact
or thing necessary in the prosecution or
defense of an action, to establish its
proof.

• The party against whom judgment would

be given on the pleadings and admission
made, if no evidence was submitted,
shall have the burden of proof.

• It is a matter for the judge on the basis

of the pleadings and admission made to
determine who has the burden of proof.
TRIAL AND HEARING,
DISTINGUISHED.

Trial may refer to the reception of

evidence and other processes. It
embraces the period or the introduction
of evidence by both parties.

Hearing, as known in law, is not confined

to trial but embraces the several stages
of litigation including the pre-trial stage.
It does not necessarily imply the
presentation of evidence, oral or
documentary, but that the parties are
afforded the opportunity to be heard.
SCHEDULE
OF TRIAL
The schedule of the trial dates, for both
plaintiff and defendant, shall be
continuous and within the following
periods:

Plaintiff –
The initial presentation of evidence shall
be set not later than thirty (30) calendar
days after the termination of the pre-trial
conference. Plaintiff shall be allowed to
present its evidence within a period of
three (3) months which shall include the
date of the judicial dispute resolution, if
necessary.

Defendant –
Not later than thirty (30) calendar days
after the court’s ruling on plaintiff’s
Third (Fourth, etc.)-party claim,
Counterclaim or Cross-claim –
Shall be determined by the Court, the
total of which shall in no case exceed
ninety (90) calendar days;

The Court shall decide and serve

copies of its decision to the parties
within a period not exceeding ninety
(90) calendar days from the
submission of the case for resolution,
with or without memoranda.
ADJOURNMENTS AND
POSTPONEMENTS
Sec. 2 Rule 30, Rules of Civil
Procedure:

A Court may adjourn a trial from

day to day, and to any stated
time, as the expeditious and
convenient transaction of
business may require, but not for
a longer period than One month
for each adjournment, nor more
than Three months in all, except
when authorized in writing by the
Court Administrator, Supreme
Court.

The party who caused the

postponement is warned that the
Postponement of presentation
of the parties’ witnesses at a
scheduled date is PROHIBITED.

Exceptions:
• If it is based on acts of God
• Force majeure
• Duly substantiated physical
inability of the witness to
appear and testify
REQUISITES OF MOTION
FOR POSTPONEMENT
Motion should be:
(1) in writing,
(2) stating the grounds upon
1 which it is based,
(3) and if necessary, be
accompanied by supporting
affidavits or sworn
certification.
If the motion is grounded on
illness, must be accompanied by
affidavits or sworn certification
2 that the presence of the ill
party or counsel at the trial is
indispensible and that the
character of his illness is
such as to render his non-
REQUISITES OF MOTION
FOR POSTPONEMENT
The motion, whether oral or
written, SHALL AT ALL TIMES

3 be accompanied by the original

official receipt from the office
of the clerk of court
evidencing payment of the
postponement fee
Note: The requirement of
notice of hearing is
abandoned.
Note: This motion is NOT a
matter of right; it is
discretionary or addressed to
the sound discretion of the
NON-PRESENTATION OF
WITNESS
Where a witness whose statement was
submitted at the pre- trial can not be
presented in court for cross-examination,
his statement shall be INADMISSIBLE.
A sworn statement is not admissible in
evidence where affiant was not presented
in court and there was absence of
opportunity by the adverse party to
cross-examine affiant (People vs.
Pansuelo, 105 SCRA 226).
ORDER OF TRIAL
Plaintiff (mudda'i) must
produce evidence on his
1 part;
if he has NO evidence, the
burden of proof is shifted to the
defendant who may take the
oath and judgment shall be
rendered in his favor.
Should the defendant refuse to
take the oath, the plaintiff
must affirm his claim under
oath in which case judgment
shall be in favor of the
plaintiff.
Should the plaintiff refuse to
ORDER OF TRIAL
If after the introduction of

2 plaintiff's evidence, or even

before it, the defendant admits
the claim in open court,
judgment shall be rendered
in favor of the plaintiff
without receiving further
evidence (Sec. 7(2),
If the defendant doesibid.).
not admit
the claim and desires to offer
3 defense, the party against
whom judgment would be
given on the pleadings and
admission made, if no
evidence was submitted,
 ORDER OF TRIAL
If Plaintiff, who has ordinarily the
burden of proof, having adduced
evidence on his part, the defendant
may also introduce evidence in
support of his defense, counterclaim
and cross-claim.

The parties against whom any

counterclaim or cross-claim had
been pleaded, shall introduce
evidence in support of their defense,
in the order to be prescribed by the
court (Sec. 5(e), Rule 30, Rules of Civil
Procedure) unless they admit the
 ORDER OF TRIAL
The parties may then respectively
adduce rebutting evidence ONLY,
unless the court, for good reasons
& in the furtherance of justice,
permits them to adduce evidence
upon their original case (Sec. 5(f),
ibid.).
 ORDER OF
EXAMINATION
When the action is put on trial on
the merits because the party
litigants offer to prove their
respective claims and defenses,
order of examination comes in.

Each witness of the parties shall be

examined in the following order:
 ORDER OF
EXAMINATION
Direct examination by the
proponent (the statement of the
witness or his judicial affidavit
A shall serve
testimony);
as his direct

B Cross-examination
opponent;
by the

Re-direct examination by the

C proponent;

D
Re-cross examination by the
opponent.
 ORDER OF EXAMINATION
& ORDER OF TRIAL, DISTINGUISHED.
 ORDER OF
EXAMINATION
The sequence an individual
witness is examined by the
contending parties.
 ORDER OF TRIAL

The sequence parties introduce

their respective evidence.
AGREED STATEMENT OF
FACTS
The parties to any action may agree,
in writing, upon the facts involved in
the litigation, and submit the case
for judgment on the facts agreed
upon, without the introduction of
evidence.

If the parties agree ONLY ON SOME of

the FACTS in issue, the trial shall be
held as to the disputed facts in such
order as the court shall prescribe (Sec.
7, Rule 30, Rules of Civil Procedure).
 ORAL OFFER OF
EXHIBITS
The (1) offer of evidence, the (2)
comment or objection thereto, and
the (3) court ruling shall be made
orally in accordance with Sections 35
to 40 of Rule 132 of the Rules of Court.
 STATEMENTS OF THE
JUDGE
During the hearing or trial of a case,
any statement made by the judge with
reference to the case, or to any of the
parties thereto, witnesses or counsel,
shall be made of record in the
stenographic notes (Sec. 3, Rule
ibid.).
 RECEPTION OF
EVIDENCE
The judge of the court where the case
is pending shall PERSONALLY
receive the evidence to be adduced
by the parties. However, (1) in default
or ex parte hearings, and (2) in any
case where the parties agree in
writing, the court may delegate the
reception of evidence to its clerk of
court who is a member of the bar.
The clerk of court shall have NO
power to rule on objections to any
question or to the admission of exhibits
XXX (Sec. 9, Rule 30, ibid.).
 CONSOLIDATION

When actions involving a

common question of law or
fact are pending before the
court, it may order:

1 joint hearing or trial of any or all

issues (distinct actions jointly
2
ALL the actions consolidated
tried);
(made into one action).

Purpose: To avoid multiplicity of suits,

prevent delay, clear congested dockets,
simplify the work of the trial court, and
save unnecessary costs and expense.
 CONSOLIDATION

REQUISITES:

Must be 2 or more actions.

1 Actions involve common
2 question of law or fact.

3 Same parties and subject

matter.
 CONSOLIDATION

Three (3) KINDS:

1 Quasi-consolidation

2 Actual consolidation

3 Consolidation for trial

QUASI-CONSOLIDATION

Where all except one of several

actions are stayed until one is
tried,

in which case the judgment in

the one trial is CONCLUSIVE as
to the others.
This is not actually
consolidation but is referred to
as Quasi-consolidation.
 ACTUAL
CONSOLIDATION

Where several actions are

combined into one, lose their
separate identity, and become
a single action in which a single
judgment is rendered.
 CONSOLIDATION
FOR TRIAL

Where several actions are

ordered to be tried together
but each retains its separate
character and requires the
entry of a separate judgment.

This type of consolidation does NOT

merge the suits into a single action,
or cause the parties to one action
to be parties to the other.
 CONSOLIDATION

When actions involving a

common question of law or
fact are pending before the court,
it may order:

1 joint hearing or trial of any or all

issues (Quasi-Consolidation &

2 Consolidation
ALL forconsolidated
the actions Trial );
(Actual Consolidation).
Purpose: To avoid multiplicity of suits,
prevent delay, clear congested dockets,
simplify the work of the trial court, and
save unnecessary costs and expense.
 PROPRIETY OF
CONSOLIDATION
Generally subject to the discretion of
trial court.

WHEN PROPER/ A MATTER OF DUTY:

1. Cases tried before the same judge.

2. Filed with diff. branches of the same

court & one of the cases has NOT been
partially tried.

WHEN IMPROPER:
Respondents already rested their case &
made formal offer of their evidence,
or those that would ONLY DELAY the
 SEPARATE TRIAL

Also subject to the discretion of trial

court as it is NOT to be the usual
course.

WHAT INVOLVED:
Any claim, cross-claim, counterclaim,
or of any separate issue or of any
number of claims, cross-claims,
counterclaims, or issues (Sec. 2, Rule
31, Rules of Civil Procedure).

PURPOSE:
To further convenience, avoid delay
and prejudice, and serve the ends of
JUDGMENT
SECTION 8, SPECIAL RULES
Section 8. Judgment.
(1) The Judgment shall be rendered within fifteen (15)
days from the termination of the trial, or disposition of
the case, should there be no formal trial or hearing.

(2) The judgment shall become final and executory upon

the expiration of the period to appeal. Once the
judgment becomes final and executory, the court motu
proprio shall immmediately issue the writ of execution for
the satisfaction of the judgment.
 Judgment, defined
A judgment is the final consideration and
determination of a court of competent
jurisdiction upon the matters submitted to it.
 Rendition of Judgment
The judgment determining the merits of
the case shall be in writing personally
and directly prepared by the judge,
stating the facts and law on which it is
based.
 Basis of Judgment
A judgment must be based on the
pleadings, the facts proved, admitted, or
taken judicial notice of by court, and by the
applicable laws and jurisprudence.
 Length of the decision.
• Kilometric decisions without much
substance must be avoided, but the other
extreme, where subtance is also lost in the
wish to be brief, is no less acceptable either.
(Nicos Industrial Corp. vs CA)
• Accuracy and clarity in substance and in
language are revered objectives in decision
making. (Cuison vs. CA)
 Period for decision
• The 1987 Constitution provides that unless reduced by SC, all lower
courts other than collegiate must decide or resolve cases or matters
within 3 months from the date of submission (Sec. 15, Art VIII Consti)

• A case is deemed submitted for decision or resolution uponj the filing

of the last pleading, brief, or memorandum.

• It is the date of rendition that should be considered in determining

whether or not the judge had resolved the case within the allotted
period.
 Period for decision
• In the Shari'a courts, the judgment shall be rendered within 15 days
from the termination of the trial, or disposition of the case, should
there be no formal trial or hearing (Sec. 8 Special Rules). This period is
merely directory.
• In a case, the criminal action before the Shari'a Circuit Court of Jolo,
Sulu, was submitted for resolution in October, 1998 and the
respondent judge admitted that he came up with a Decision on the
case on January 25, 2000, and same was promulgated on March 1,
2000. The SC held that there was undue delay in rendering the
decision (Arap vs Mustafa, March 12, 2002).
Judgment, by whom prepared:

The judgment or final order shall be

personally and directly prepared by the
judge.
Amendment of Judgment
 Amendment of Judgment
• Plenary Power of the Court Before Finality
A court has the authority to alter, modify, or set aside its own decision
before it becomes final.
• Limitations After Finality
-Once the judgment becomes final and executory (after the
appeal period lapses), the court loses its power to:
- Amend, modify, or set aside the judgment.

Exceptions:
• Even if the judgment has been partly executed (Ruiz vs. Caneba,
G.R. No. 84884, Dec. 3, 1990).
• Even if the modification is attempted by the highest court (e.g.,
Supreme Court), once the decision is final, no modification is
allowed.
Service of Judgments, Final Orders, or
Resolutions
Methods of Service:
• Personal Service
• Service of Registered Mail
• Service by Accredited Courier (upon
motion)
• Service by Publication (for absent
parties)
 Special Forms of
a) Judgment by Default Judgment
• Rendered against the defendant who fails to appear at the pre-trial or
answer the complaint within the required time.
• Sharia Court Exception: No default judgment; however, ex parte decisions
are akin to default judgments.
(b) Judgment on the Pleadings
• Granted when an answer fails to contest the allegations or admits the
material allegations of the opposing party’s pleadings.
(c) Summary Judgment
• Granted when there are no genuine issues of material fact, allowing the
movant to win as a matter of law.
• Judgment rendered against some defendants, allowing the case to proceed
against others.
(e) Separate Judgment
• A judgment for one claim or relief, resolving specific issues, while the case
continues on other claims.
(f) Special Judgment
• Requires actions other than paying money or transferring property (e.g.,
specific performance).
 Special Forms of
(g) Judgment for Specific Acts Judgment
• Directs a party to perform specific actions, like conveying land or delivering
documents.

(h) Memorandum Judgment

• A judgment adopting the findings of fact and conclusions of law from
the appealed decision.
(i) Judgment on Consent
• Settled and agreed upon by the parties, entered into the record with
court's approval.
(j) Judgment Nunc Pro Tunc
• A judgment that records what was previously rendered but not
entered.
(k) Judgment Upon Confession
• Rendered based on the defendant’s voluntary admission or
confession.
(l) Judgment Upon Compromise
• Rendered when parties reach a settlement to avoid or end litigation.
(Shari’a Court) Remedies Against the
1. Motion for Reconsideration Judgment
Within the period for appeal (15 days from receipt of judgment).
• Grounds for Motion:
-Excessive damages awarded.
-insufficient evidence to justify the decision.
-Contrary to law.
• Purpose:
-Seeks modification, reversal, or setting aside of the judgment or
final order based on the same issues, evidence, and contentions.
2. Appeal
-Within 15 days from receipt of judgment (Sec. 9, Special Rules).
-Both parties can appeal.
-After the appeal period expires for both parties, the court may issue a
writ of execution motu proprio (Sec. 8(2), Special Rules).
3. Court's Prohibition
-No New Trial or Reopening: The court does not allow motions for a
new trial or reopening of trial (Sec. 13, Special Rules).
 Finality of
1. Finality of Judgment Decision
• After 15 days from receipt of the judgment.
• No Appeal: Once the appeal period expires (15 days), the
judgment is final.
2. Writ of Execution
• Issuance: The court motu proprio issues the writ of
execution immediately once the judgment becomes final and executory (Sec.
8(2), Special Rules).
• Execution Without Motion: The judgment obligee does not
need to file a motion for execution unless the court fails to issue the writ in time.
3. Execution Period
• Judgment may be executed within 5 years from the date of
entry or from the date it becomes final and executory (Sec. 6, Rule 39, Rules of
Civil Procedure).
 Entry of Judgment
and Writ of Execution
1. Entry of Judgment
• When Judgment Becomes Final:
• If no appeal, motion for new trial, or motion for
reconsideration is filed within the time provided, the judgment or final order is
entered by the clerk.
• Entered into the Book of Entries of Judgments by the
clerk.
• The date of finality is the date of its entry.
• The record will contain the dispositive part of the
judgment or final order, signed by the clerk, with a certificate confirming that
the judgment has become final and executory.

2. Writ of Execution
• A judicial process used to enforce the payment,
 Execution of
(Shari’a Court) Judgment
1. General Rule
• Execution issues only upon a final judgment or order
that disposes of the case.
• Execution is issued as a matter of right once the
appeal period has expired without a perfected appeal (Sec. 1, Rule 39,
Rules of Civil Procedure).
• Shari’a Court Rule: Once the judgment is final and
executory, the Shari’a court shall motu proprio issue a writ of execution
(Sec. 8, Special Rules).

2. No Motion Required
• Unlike Regular Courts: In Shari’a courts, no motion
from the prevailing party is needed for the issuance of the writ of
execution.
 Execution of
Judgment
3. Case Example: Lomondot vs. Balindong (G.R. No. 192463, July 13, 2015)
• Background: Petitioners won a case for recovery of possession and
damages in relation to a land dispute.
• Post-Judgment Action: After the judgment became final and executory,
petitioners filed a motion for the issuance of a writ of execution, including a request for a writ
of demolition.
• Issue: The Shari’a District Court (SDC) denied the motion for a writ of
demolition, ordering a survey to verify land boundaries instead.
• Supreme Court Ruling: The SDC was found to have committed grave
abuse of discretion by denying the writ of demolition, as the issuance of the writ was the
logical consequence of the final decision. The Court ruled that allowing a survey to alter the
judgment would be tantamount to modifying a final, immutable decision.

4. Other Applicable Rules

• The provisions of Rule 36 (on judgments, final orders, and their entry)
and Rule 39 (on execution and satisfaction of judgments) of the 1997 Rules of Civil Procedure
are applicable in Shari’a courts, as long as they are not inconsistent with the Special Rules.
THANK
YOU.