Question & AnswerQ&A (Republic Act No. 8369)
The official title is the "Family Courts Act of 1997."
The state shall protect the rights and promote the welfare of children, provide a system of adjudication for youthful offenders considering their circumstances, recognize and protect the sanctity and autonomy of the family, and provide procedures for reconciliation and amicable settlement of family controversies.
Family courts shall be established in every province and city in the Philippines. If a city is the capital of the province, the family court shall be established in the municipality with the highest population.
The judge must be a natural-born citizen of the Philippines, at least 35 years old, and have practiced law or held public office requiring admission to the practice of law for at least ten years.
Cases include criminal cases involving minors as accused or victims, petitions for guardianship and custody, adoption, annulment and nullity of marriage, petitions for support/acknowledgment, juvenile delinquency cases, cases involving child abuse and exploitation, cases of domestic violence against women and children, among others specifically enumerated in Section 5.
Juvenile offenders under 18 but not less than 9 years are subject to family court jurisdiction. If found guilty, sentence is suspended pursuant to the Child and Youth Welfare Code, and alternatives to detention such as counseling, bail, or community-based interventions are encouraged with respect for their human rights.
Hearings and conciliation should promote dignity and respect privacy at all stages; case records are confidential and party identities are not divulged without judge's authority.
The SSCD provides social services for juvenile and family cases, develops programs, formulates policies, monitors compliance, conducts intake assessments, social case studies, counseling, and technical supervision in coordination with family courts.
The judge of the family court has direct control and supervision over youth detention homes established by local government units to separate youth offenders from adult criminals.
Yes, additional cases may be assigned to family courts when their dockets permit, provided these additional cases are not heard on the same day as family cases.
Any questions involving family court matters arising as incidents in regular court cases shall be determined by the regular courts where the cases are pending.
Family court judges and personnel must undergo training and have demonstrated ability in child and family cases; the Supreme Court shall provide continuing education programs on related laws and disciplines.
Family courts are allowed to use 10% of their income from filing and court fees for research, operating expenses, and capital outlay, similar to other courts.
Appeals from family court decisions and orders follow the same manner and conditions as appeals from ordinary regional trial courts.