Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 411)
The purpose of Presidential Decree No. 411 is to convert Branch XII of the Court of First Instance of Leyte into a Juvenile and Domestic Relations Court to exclusively handle juvenile cases and domestic problems in the Provinces of Leyte and Southern Leyte, including the cities of Tacloban and Ormoc.
The Juvenile and Domestic Relations Court has exclusive original jurisdiction over criminal cases involving accused persons under sixteen years old, custody, guardianship, adoption, paternity and acknowledgment cases, annulment of marriages, legal separation, support actions, proceedings on dependent or neglected children, and others as specified in the decree within Leyte and Southern Leyte including Tacloban and Ormoc.
The judge of the Juvenile and Domestic Relations Court is appointed by the President of the Philippines and must possess the same qualifications, enjoy the same privileges, and receive the same salary as judges of the Court of First Instance.
A 'dependent' or 'neglected' child is any child under sixteen who is dependent on public support, destitute, homeless, abandoned, habitually begs or receives alms, lives in unwholesome environments, or whose home is unfit due to neglect, cruelty, or depravity by parents or guardians.
A representative of the Department of Social Welfare may file a verified petition. The court fixes a hearing date, issues summons to the parents or guardians if living in the province or city, or appoints a representative if none are found. The court investigates the child's status and makes custody and care orders as deemed best for the child’s welfare.
The court is not bound by the technical rules of evidence in cases involving dependent or neglected children and may compel witness attendance. It may also designate a judge from inferior courts to act as commissioner to receive evidence for more economical and expeditious disposition of cases.
Yes, decisions and orders of the Juvenile and Domestic Relations Court can be appealed in the same manner and subject to the same conditions as appeals from courts of first instance.
The official station of the Juvenile and Domestic Relations Court is Tacloban City.
The court shall have a clerk of court and subordinate employees appointed in the same manner and receiving compensation like similar officials and employees of courts of first instance.
Upon organization of the Juvenile and Domestic Relations Court, the Supreme Court shall cause all cases and proceedings pending before any court that are within the jurisdiction of the Juvenile and Domestic Relations Court to be transferred thereto.