Definition of "Dependent" or "Neglected" Child
- A dependent or neglected child is under 16 years old and:
- Dependent on the public for support, destitute, homeless, or abandoned.
- Habitually begs or receives alms.
- Found in houses of ill repute or with disreputable persons.
- Lives in an unfit home due to neglect, cruelty, or depravity of guardian/parents.
Proceedings Concerning a Dependent or Neglected Child
- A representative of the Department of Social Welfare can file a verified petition to declare a child dependent or neglected.
- The petition must state the names and residences of the parents or guardians if known.
- The court sets a hearing date and summons the parents/guardian if residing within jurisdiction.
- If no parents or guardian are found, or they request it, the summons may be dispensed with, and a hearing may proceed.
- The court investigates the child's circumstances including care, support, and parent's status.
- The court may compel witnesses and involve the fiscal prosecutor.
- The court is not bound by strict rules of evidence.
- If adjudged dependent/neglected, the child may be committed to suitable individuals, institutions, or the Department of Social Welfare.
- The committing party gains custody and guardianship subject to court supervision.
- The court may inspect the care provider and request reports.
- Guardianship may be changed if in the child’s best interest.
- The child may remain with parents under court supervision if causes of dependency can be remedied.
- Parents or guardians lose rights over the child except as ordered by the court or proper restoration proceedings.
Proceedings in Other Cases
- Other cases follow the Rules of Court and applicable laws.
- Family cases may be heard in chambers, excluding the public.
- Information in such hearings is privileged and confidential.
Appeal
- Appeals from the JDRC decisions and orders follow the same rules as courts of first instance.
Court Personnel and Structure
- The JDRC is a court of record with a clerk of court and necessary subordinate employees.
- Appointments and compensations are akin to those in courts of first instance.
Official Station
- The official seat of the JDRC is Tacloban City.
Transitory Provisions
- Pending cases proper for JDRC jurisdiction are transferred to the JDRC upon its organization.
Appropriations
- An initial P150,000 is allocated from the CFI budget for salaries and expenses.
- Future funding is to be included in the General Appropriations Act.
Repealing Clause
- Any laws, decrees, or rules inconsistent with this decree are repealed or modified accordingly.
Effectivity
- The decree becomes part of the laws of the land upon approval and was signed in Manila on March 15, 1974.