QuestionsQuestions (Republic Act No. 6591)
R.A. No. 6591 creates a Juvenile and Domestic Relations Court for the Province of Camarines Sur and the Cities of Naga and Iriga, with permanent station in the City of Naga, but with authority to conduct hearings and investigations in any city or municipality within its jurisdiction as the court considers in the interest of justice.
The judge must have the same qualifications, rank, compensation, rights, and privileges as judges of courts of first instance; must be thoroughly familiar with the culture, mores, dialect, traditions, and family life in the jurisdiction; must have at least ten years of successful experience in social work, teaching, or similar work dealing with family relations and youth; must have sufficient academic training in psychology and guidance (preferably with a Master’s degree); and must have substantial experience (preferably as member of the Bench) in impartial settlement of conflicts and arriving acceptable compromises.
Under R.A. No. 6591, in case of temporary absence, disqualification, or inhibition of the judge, the Secretary of Justice may designate a Judge of the Court of First Instance to act in the court or on a particular case, in accordance with the procedures provided under the Act and related conditions in the Judiciary Act.
The court has exclusive original jurisdiction over: (1) criminal cases where the accused was under sixteen at the time of filing (except violations of municipal ordinances of Iriga and the municipalities of Camarines Sur); (2) cases involving custody, guardianship, adoption, paternity, and acknowledgment; (3) annulment of marriages, relief from marital obligations, legal separation, and actions for support; (4) specified proceedings under the Civil Code (Arts. 116, 117, 225, 251, 332); (5) proceedings for declaration of absence and for change of name; (6) separation of property and other property relations between spouses; and (7) proceedings affecting a dependent or neglected child, and other cases concerning exercise or deprivation of parental authority.
No. During the hearing of dependency/neglect cases, the court or commissioner is not bound to follow the technical rules of evidence.
A child under sixteen who is dependent upon the public for support; destitute, homeless, or abandoned; without proper parental care or guardianship; who habitually begs or receives alms; found living in a house of ill-fame or with a vicious/disreputable person; or whose home is unfit due to neglect, cruelty, or depravity by parents/guardian/caretaker.
The Secretary of Social Welfare (or his representative assigned within the court’s jurisdiction) must file a written petition setting forth the facts constituting dependency/neglect, verified by the petitioner’s affidavit (information and belief is sufficient), and annex a summarized report on the case study. The petition should include the names and residences of the parents (if known) or the guardian (if no parent living).
If the interest of the child so warrants, the court may take custody of the child for placement with any person, institution, or agency authorized to care for children during the trial of the case.
Summons shall be issued if the petition indicates that one or both parents (or guardian if no parents) reside within the court’s jurisdiction, requiring them to appear not less than two days before the hearing to show cause why the child should not be declared dependent or neglected.
If neither parent is living or both do not reside within the jurisdiction, and there is no guardian within the jurisdiction, or if the petition requests that the child be declared dependent because neither parent/guardian is within the jurisdiction, summons is not issued. The court or commissioner may proceed to hearing, and if neither parent nor guardian is found, the court appoints a suitable person to represent the child.
The court/commissioner must investigate and ascertain whether the child is dependent/neglected, the child’s residence, whereabouts of parents or adult near-relatives (as far as possible), when/how long the child has been maintained (public/private charity), occupation of living parents, whether the child is supported by the public or the child has been abandoned, and the cause of dependency (as far as possible).
When requested by the court or the commissioner, the provincial or city fiscal must appear in behalf of the petitioner and is also duty-bound, upon request, to file a petition and conduct necessary proceedings within the Act’s provisions.
The court may order dispositions and custody deemed best for the child’s moral and welfare, including turning the child over to a suitable person or institution organized to care for dependent/neglected children (if available), or otherwise referring the child to the Department of Social Welfare. The institution/person becomes subject to visitation/inspection and must provide reports as required.
Parents or guardian thereafter 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 imposes, or through proper proceedings to restore the child. Before ordering restoration, the court may require reimbursements for prior expenses or other conditions.
On petition of any party, hearings may be held in chambers or with the exclusion of the public. Information obtained in such hearings is deemed privileged and confidential and cannot be divulged without the court’s approval.
Decisions and orders are appealed in the same manner and subject to the same conditions as appeals from courts of first instance.
Upon organization, the Secretary of Justice must cause all cases and proceedings pending before courts of first instance, municipal courts, and city courts in the covered areas that are properly cognizable by the Juvenile and Domestic Relations Court to be transferred thereto.