Question & AnswerQ&A (Republic Act No. 6591)
The Juvenile and Domestic Relations Court has exclusive original jurisdiction over criminal cases involving accused under sixteen years old (except municipal ordinance violations in Iriga and Camarines Sur), custody, guardianship, adoption, paternity, annulment, legal separation, support actions, proceedings under certain Civil Code articles, declaration of absence, change of name, separation of property, and cases involving dependent or neglected children within its jurisdiction.
The judge is appointed by the President of the Philippines with the consent of the Commission on Appointments. The judge must have the qualifications, rank, compensation of a Court of First Instance judge, be familiar with the culture and traditions of the jurisdiction, have at least ten years experience in social work, teaching, or family relations-related work, hold academic training in psychology, social work, or education (preferably a Master's degree), and have experience in impartial conflict settlement.
The Secretary of Social Welfare or representative files a petition verified by affidavit and case study report. The court then holds hearings, issues summons, investigates the facts, and may take custody of the child for placement. If adjudged dependent or neglected, the court orders disposition including custody placement with a suitable person or institution, or refers the child to the Department of Social Welfare, and the child becomes a ward subject to court guardianship and supervision.
A 'dependent' or 'neglected' child is any child under sixteen years old who is dependent on public support, destitute, homeless, abandoned, lacks proper parental care or guardianship, habitually begs, lives in unfit environments such as houses of ill-fame, or has a home rendered unfit due to neglect, cruelty, or depravity by those responsible for the child.
For economical and expeditious disposition, the court may designate any judge of an inferior court within its jurisdiction to act as commissioner to receive evidence in their area. Such commissioner submits a report to the court which may accept it, request further evidence, or conduct further hearings.
Hearings between husband and wife or parent and child may be held in chambers or exclude the public upon petition. Information obtained is privileged and confidential and cannot be divulged without court approval.
Appeals from its decisions and orders are made in the same manner and subject to the same conditions as appeals from courts of first instance.
The court shall have a clerk of court and subordinate employees appointed on the recommendation of the judge, receiving compensation and appointments similar to officials and employees of courts of first instance.
The Provincial Government of Camarines Sur shall furnish the same facilities, equipment, supplies, and allowances as courts of first instance. The Secretary of Justice may require the Cities of Naga and Iriga to share costs. Appropriations for the court’s operation are authorized from National Treasury funds and included in annual General Appropriations Acts.
Upon organization of the Juvenile and Domestic Relations Court, the Secretary of Justice shall transfer all pending cases properly cognizable by the court from courts of first instance, city, and municipal courts within its jurisdiction to this court.