QuestionsQuestions (Republic Act No. 8369)
RA 8369 is known as the “Family Courts Act of 1997.” It takes effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.
The State must protect the rights and welfare of children; provide a system for youthful offenders that considers their peculiar circumstances; protect and strengthen the family as a basic autonomous social institution; preserve family solidarity; and provide procedures for reconciliation and amicable settlement of family controversies.
A family court shall be established in every province and city. If the city is the capital of the province, the family court shall be established in the municipality with the highest population.
The appointee must be a natural-born citizen of the Philippines, at least thirty-five (35) years old, and have been engaged in the practice of law in the Philippines for at least ten (10) years or have held a public office requiring admission to the practice of law as an indispensable requisite.
The Presiding Judge and court personnel must undergo training and have experience and demonstrated ability in dealing with child and family cases. The Supreme Court must provide continuing education on child and family laws, procedure, and related disciplines.
Exclusive original jurisdiction covers: (1) certain criminal cases involving minors (accused or victims) with suspension of sentence if guilty under PD 603; (2) guardianship, custody of children, and habeas corpus related to the latter; (3) adoption petitions and revocation; (4) annulment, declaration of nullity, marital status and property relations, and dissolution of conjugal partnership of gains; (5) support and/or acknowledgment; (6) summary judicial proceedings under EO 209 (Family Code); (7) status of children as abandoned/dependent/neglected; commitment-related cases and related matters under PD 603/EO 56 and other laws; (8) constitution of the family home; (9) cases against minors under the Dangerous Drugs Act; (10) violations of RA 7610 as amended by RA 7658; and (11) cases of domestic violence against women and children, including acts resulting in likely or actual physical/sexual/psychological harm.
The court promulgates sentence and ascertains civil liability, but the sentence is suspended without need of application pursuant to Presidential Decree No. 603 (Child and Youth Welfare Code).
It shall be determined in that court where the incident arose (i.e., the regular court handling the main case).
The judge has direct control and supervision over the youth detention home established by the LGU to separate youth offenders from adult criminals, with respect to alternatives to detention/institutional care (counseling, recognizance, bail, community continuum, diversions), while fully respecting the human rights of the accused.
Under the guidance of DSWD, an SSCD is established in each judicial region as needed by the Supreme Court. It provides social services to juvenile and family cases filed with the court, recommends proper social action, and develops programs/policies and provides technical supervision/monitoring in coordination with the judge.
The SSCD is staffed by qualified social workers and personnel with academic preparation in behavioral sciences to conduct intake assessment, social case studies, casework, counseling, and other needed services. In adoption cases and petitions for declaration of abandonment, case studies may be prepared by social workers of duly licensed child caring/child placement agencies or the DSWD.
Hearings and conciliation must promote dignity and worth and respect privacy at all stages. Records must be kept with utmost confidentiality, and the identity of parties must not be divulged unless necessary and with authority of the judge.
They are appealed in the same manner and subject to the same conditions as appeals from ordinary regional trial courts.
The Supreme Court designates from among RTC branches at least one family court in specified cities (e.g., Manila and many listed cities) and other necessary places. In areas with no family courts, Section 5 cases are adjudicated by the regional trial court. Additional cases may be assigned to family courts when dockets permit, but not heard on the same day as family cases.