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Act No. 8369Family Courts Act of 1997
REPUBLIC
ACT
NO. 8369AN ACT
ESTABLISHING
FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD
AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129,AS
AMENDED,
OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR
AND FOR OTHER PURPOSES.
Be
it enacted by the Senate and House of Representatives of the
Philippines
in Congress assembled:
Section 1. Title. -
This Act shall be known as the "Family
Courts
Act of 1997".
Sec. 2. Statement of
National Policies. - The State
shall
protect the rights and promote the welfare of children in keeping with
the mandate of the Constitution and the precepts of the United Nations
Convention on the rights of the Child. The State shall provide a system
of adjudication for youthful offenders which takes into account their
peculiar
circumstances.
The State recognizes
the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. The
courts
shall preserve the solidarity of the family, provide procedures for the
reconciliation of spouses and the amicable settlement of family
controversy.
Sec. 3.
Establishment of Family Courts. - There shall be
established
a Family Court in every province and city in the country. In case where
the city is the capital of the province, the Family Court shall
be
established in the municipality which has the highest population.
Sec. 4. Qualification
and Training of Family Court Judges.
- Sec. 15 of Batas Pambansa Blg. 129, as amended, is hereby further
amended to read as follows:
"Sec. 15. (a) Qualification.
- No person shall be appointed
Regional
Trial Judge or Presiding Judge of the Family Court unless he is a
natural-born
citizen of the Philippines, at least thirty-five (35) years of age,
and,
for at least ten (10) years, has been engaged in the practice of law in
the Philippines or has held a public office in the Philippines
requiring
admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The
Presiding Judge, as
well as the court personnel of the Family Courts, shall undergo
training
and must have the experience and demonstrated ability in dealing with
child
and family cases.
"The Supreme Court shall provide a continuing
education program on
child
and family laws, procedure and other related disciplines to judges and
personnel of such courts."
Sec. 5. Jurisdiction
offamily Courts. - The Family Courts
shall
have exclusive original jurisdiction to hear and decide the following
cases:
a) Criminal cases where one or
more of the accused is below eighteen
(18)
years of age but not less than nine (9) years of age but not less than
nine (9) years of age or where one or more of the
victims is a
minor
at the time of the commission of the offense: Provided, That if the
minor
is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the accused may have incurred.
The sentence,
however, shall be suspended without need of application pursuant to
Ptesidential
Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children,
habeas corpus in
relation
to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage, declaration
of nullity of
marriage
and those relating to marital status and property relations of husband
and wife or those living together under different status and
agreements,
and petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of
Executive
Order No. 209, otherwise known as the "Family Code of the
Philippines";
g) Petitions for declaration of status of children as
abandoned,
dependent
o neglected children, petitions for voluntary or involuntary commitment
of children; the suspension, termination, or restoration of parental
authority
and other cases cognizable under Presidential Decree No. 603, Executive
Order No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the
Dangerous Drugs Act, as
amended;
j) Violations of Republic Act No. 7610, otherwise
known as the "Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination
Act," as amended by Republic Act No. 7658; and
k) Cases of
domestic violence against:
1) Women -
which are acts of gender based violence that results, or are
likely to result in physical, sexual or psychological harm or suffering
to women; and other forms of physical abuse such as battering or
threats
and coercion which violate a woman's personhood, integrity and freedom
movement; and
2) Children - which
include the commission of all forms of abuse,
neglect, cruelty, exploitation, violence, and discrimination and all
other
conditions prejudicial to their development.
If an act constitutes a
criminal offense, the accused or batterer shall
be subject to criminal proceedings and the corresponding penalties.
If any question
involving any of the above matters should arise as an
incident
in any case pending in the regular courts, said incident shall be
determined
in that court.
Sec. 6. Use
of Income. - All Family Courts shall be allowed
the
use of ten per cent (10%) of their income derived from filing and other
court fees under Rule 141 of the Rules of Court for research and other
operating expenses including capital outlay: Provided, That this
benefit
shall likewise be enjoyed by all courts of justice.
The Supreme
Court shall promulgate the necessary guidelines to
effectively
implement the provisions of this Sec.
Sec. 7. Special
Provisional Remedies. - In cases of
violence
among immediate family members living in the same domicile or
household,
the Family Court may issue a restraining order against the accused of
defendant
upon verified application by the complainant or the victim for relief
from
abuse.
The court may
order the temporary custody of children in all civil
actions
for their custody. The court may also order support pendente lite,
including
deduction from the salary and use of conjugal home and other properties
in all civil actions for support.
Sec. 8. Supervision
of Youth Detention Homes. - The
judge
of the Family Court shall have direct control and supervision of the
youth
detention home which the local government unit shall establish to
separate
the youth offenders from adult criminals: Provided, however, That
alternatives
to detention and institutional care shall be made available to the
accused
including counseling, recognizance, bail, community continuum, or
diversions
from the justicesystem: Provided,
further,
That the human rights of the accused are fully respected in a manner
appropriate
to their well-being.
Sec. 9. Social
Services and Counseling Division. -
Under
the guidance ofthe Department of Social Welfare and Development (DSWD),
a Social Services and Counseling Division (SSCD) shall be established
in
each judicial region as the Supreme Court shall deem necessary based on
the number of juvenile and family cases existing in such jurisdiction.
It shall provide appropriate social services to all juvenile and family
cases filed with the court and recommend the proper social action. It
shall
also develop programs, formulate uniform policies and procedures, and
provide
technical supervision and monitoring of all SSCD in coordination
with the judge.
Sec. 10. Social
Services and Counseling Division Staff. -
The
SSCD shall have a staff composed of qualified social workers and other
personnel with academic preparation in behavioral sciences to carry out
the duties'of conducting intake assessment, social case studies,
casework
and counseling, and othersocial services that may be needed in
connection
with cases filed with the court: Provided, however, That in adoption
cases
and in petitions for declaration of abandonment, the case studies may
be
prepared by social workers of duly licensed child caring or child
placement
agencies, or the DSWD. When warranted, the division shall recommend
that
the court avail itself of consultative services of psychiatrists,
psychologists,
and other qualified specialists presently employed in other departments
of the government in connection with its cases.
The position of
Social Work Adviser shall be created under the Office
of
the Court Administrator, who shall monitor and supervise the SSCD ofthe
Regional Trial Court.
Sec. 11. Alternative
Social Services. - In accordance with Sec.
17 of this Act, in areas where no Family Court has been established or
no Regional Trial Court was designated by the Supreme Court due to the
limited number of cases, the DSWD shall designate and assign qualified,
trained, and DSWD accredited social workers of the local government
units
to handle juvenile and family cases filed in the designated Regional
Trial
Court of the place.
Sec. 12. Privacy
and Confidentiality of Proceedings. - All
hearings
and conciliation of the child and family cases shall be treated in a
manner
consistent with the promotion of the child's and the family's
dignity
and worth, and shall respect their privacy at all stages of the
proceedings.
Records of the cases shall be dealt with utmost confidentiality and the
identity of parties shall not be divulged unless necessary
and with authority of the judge.
Sec. 13. Special
Rules of Procedure. - The Supreme Court
shall
promulgate special rules of procedure for the transfer of cases to the
new courts during the transition period and for the disposition of
family
cases with the best interests of the child and the protection of the
family
as primary consideration taking into account the United Nations
Convention
on the Rights of the Child.
Sec. 14. Appeals.
- Decisions and orders of the court shall
be
appealed in the same manner and subject to the same conditions as
appeals
from the ordinary Regional Trial Courts.
Sec. 15.
Appropriations. - The amount necessary to carry out
the provisions of this Act shall be included in the General
Appropriations
Act of the year following in its enactment into law and thereafter.
Sec. 16. Implementing
Rules and Regulations. - The
Supreme
Court, in coordination with the DSWD, shall formulate the necessary
rules
and regulations for the effective implementation of the social aspects
of this Act.
Sec. 17. Transitory
Provisions. - Pending the establishment
of
such Family Courts, the Supreme Court shall designate from among the
branches
ofthe Regional Trial Court at least one Family Court in each of the
cities
of Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong,
Muntinlupa,
Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose,
Angeles,
Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan,
Cagayan
de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog,
Zamboanga, Pagadian, Iligan, and in such other places as the Supreme
Court
may deem necessary.
Additional cases other than those provided in Sec. 5 may be
assigned
to the Family Courts when their dockets permit: Provided, That such
additional
cases shall not be heard on the same day family cases are heard.
In areas where there
are no Family Courts, the cases referred to in Sec.
5 of this Act shall be adjudicated by the Regional Trial Court.
Sec. 18. Separability
Clause. - In case any provision of
this
Act is declared unconstitutional, the other provisions shall remain in
effect.
Sec. 19. Repealing
Clause. - All other laws, decrees,
executive
orders, rules or regulations inconsistent herewith are hereby repealed,
amended or modified accordingly.
Sec. 20. Effectivity. -
This Act shall take effect fifteen
(15)
days after its publication in at least two (2) national newspapers of
general
circulation.
Approved October 28, 1997.
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