QuestionsQuestions (PROCLAMATION NO. 27)
The judge is appointed by the President with the consent of the Commission on Appointments; he/she must have the same qualifications, privileges, and salary as judges of courts of first instance.
Among others: (a) criminal cases cognizable by the Municipal Court/CFI of Manila where the accused is under 16 years of age at the time of trial; (b) cases involving custody, guardianship, adoption, paternity and acknowledgement; (c) annulment, legal separation, and actions for support; (d) proceedings brought under specified Civil Code provisions (as enumerated in the law); (e) petitions for declaration of absence and change of name; (f) separation of property of spouses; and (g) proceedings affecting a dependent or neglected child.
The incident shall be determined in the case (i.e., incidental issues are resolved within the pending case rather than necessarily requiring separate proceedings elsewhere).
A child under 16 who is dependent on the public for support or is destitute, homeless, or abandoned; has no proper parental care or guardianship; habitually begs or receives alms; is found living in a house of ill fame or with a vicious or disreputable person; or whose home is unfit due to neglect, cruelty, or depravity by parents/guardian/other person in whose care the child is.
The Social Welfare Administrator or his/her resident representative in the city having knowledge of such a child may file a written, verified petition with the clerk of court.
The petition must be verified by the affidavit of the petitioner; it is sufficient if the affidavit is based on information and belief.
It must set forth the name and residence of the parent or parents, if known; and if the child has no parent living, the name and residence of the guardian, if any.
Summons is not issued; the court may proceed to hearing. If neither parent nor guardian is found, the court appoints a suitable person to represent the child.
No. The court is expressly not bound to follow the technical rules of evidence.
Whether the child is dependent; the child’s residence; whereabouts of parents or near adult relatives (as far as possible); how long and how the child has been maintained (private/public charity); parents’ occupation if living; whether supported by the public or abandoned the child; and the cause of dependency.
Upon request of the court or any petitioner, it is the duty of the city fiscal to file a petition and conduct necessary proceedings under the article on behalf of the petitioner.
It may adjudge the child dependent and make dispositions regarding care and custody for moral and physical welfare—turning the child over to a suitable person or suitable institution in the city organized to care for dependent children, or if none exists, referring the child to the Social Welfare Administration.
Parents/guardian have no right over or to the custody or services of the child except under conditions in the interest of the child as the court may impose, or through proper proceedings where the child may lawfully be restored.
Unless otherwise ordered, the child becomes a ward and is subject to guardianship of the institution or individual to whose care it is committed.
Yes. The court may change the guardianship if it appears such change is in the best interests of the child.
On petition of any party, hearings may be held in chambers or with exclusion of the public; all information obtained is privileged and confidential and cannot be divulged without approval of the court.
They are appealed in the same manner and subject to the same conditions as appeals from the court of first instance.