Question & AnswerQ&A (Republic Act No. 8369)
Republic Act No. 8369 is officially titled the 'Family Courts Act of 1997.'
The Act establishes family courts nationwide, granting them exclusive original jurisdiction over child and family cases to protect the rights and welfare of children and strengthen the family as a basic autonomous social institution.
A family court judge must be a natural-born Filipino citizen, at least 35 years old, and have at least 10 years of legal practice or public office requiring admission to the practice of law in the Philippines.
They must undergo training with experience and demonstrated ability in child and family cases, and participate in continuing education programs on child and family laws, procedures, and related disciplines provided by the Supreme Court.
Family courts have exclusive original jurisdiction over various cases including criminal cases involving minors, petitions for guardianship, adoption, annulment, nullity of marriage, petitions for support, cases involving child abandonment, domestic violence, and several others related to family and children as enumerated in Section 5 of the Act.
If a minor aged between 9 and 18 is accused, the family court hears the case and, if found guilty, the sentence is suspended pursuant to the Child and Youth Welfare Code, with assessment of any civil liability incurred.
The family court judge has direct control and supervision over youth detention homes to separate youthful offenders from adult criminals, and promote alternative measures like counseling and community-based interventions.
The SSCD provides social services, conducts intake assessments, social case studies, counseling, and recommends social actions for juvenile and family cases, ensuring coordinated and effective support under the guidance of the DSWD.
All hearings and conciliations are conducted respecting the dignity and privacy of the child and family, with utmost confidentiality of records and non-disclosure of parties' identities unless authorized by the judge.