Creation of Manila Juvenile and Domestic Relations Court

Issuing authority and court creation

Section 1 establishes that there shall be a Juvenile and Domestic Relations Court in the City of Manila.
Section 1 requires that the court judge must possess the same qualifications, enjoy the same privileges, and receive the same salary as judges of courts of first instance.
Section 1 provides that the judge shall be appointed by the President of the Philippines with the consent of the Commission on Appointments.
Section 1 states that provisions of the Judiciary Act that are contrary do not apply to the court’s jurisdiction.

Exclusive original jurisdiction and incidental powers

Section 1 grants the court exclusive original jurisdiction to hear and decide the listed cases after the effectivity of this Act.
Section 1 confers incidental powers generally possessed by courts of first instance.
Section 1 provides that if a question involving any listed matter arises as an incident in a case pending in ordinary courts, the incident shall be determined in that case.

Exclusive original jurisdiction: criminal cases

The court has exclusive original jurisdiction over criminal cases cognizable by the Municipal Court and the Court of First Instance of Manila where the accused is under sixteen years of age at the time of the trial.
This jurisdiction applies after the effectivity of the Act.

Exclusive original jurisdiction: family and related civil matters

The court has exclusive original jurisdiction over cases involving custody, guardianship, adoption, paternity and acknowledgement.
The court has exclusive original jurisdiction over annulment of marriages, legal separation of spouses, and action for support.
The court has exclusive original jurisdiction over proceedings brought under articles one hundred sixteen, two hundred twenty-five, two hundred fifty-two and three hundred thirty-two of the Civil Code.
The court has exclusive original jurisdiction over petitions for the declaration of absence and for the change of name.
The court has exclusive original jurisdiction over actions for the separation of property of spouses.

Exclusive original jurisdiction: dependent or neglected child

The court has exclusive original jurisdiction over proceedings affecting a dependent or neglected child, as defined in the Act.
The court adjudges whether a child is dependent or neglected, and may order dispositions for the child’s moral and physical welfare.

Definitions: dependent and neglected child

Section 38-B defines a “dependent child” or “neglected child” as a child under sixteen years of age who is dependent on the public for support or who is destitute, homeless or abandoned.
A child is also a dependent/neglected child if the child has no proper parental care or guardianship, or if the child habitually begs or receives alms, or is found living in any house of ill fame or with any vicious or disreputable person.
A child is likewise a dependent/neglected child if the child’s home is an unfit place due to neglect, cruelty or depravity by the child’s parents, guardian, or other person in whose care the child is.

Proceedings to declare dependency or neglect

Section 38-C authorizes the Social Welfare Administrator or his representative who is a resident of the city to file with the clerk of the court a written petition when the administrator has knowledge of a child appearing to be dependent or neglected.
The petition must set forth the facts constituting dependency or neglect and must be verified by the affidavit of the petitioner; it is sufficient if the affidavit is upon information and belief.
The petition must state the name of the parent or parents, if known, and their residence; if the child has no parent living, it must state the name and residence of the guardian, if the child has one.

Filing effects and summons

After filing, the judge sets the day and time for hearing.
If one or both of the parents (or guardian, if there are no parents) reside in the city, the clerk must immediately issue a summons that includes a copy of the petition.
The summons must be served on the parent/parents or guardian who can be found in the city not less than two days before the hearing, requiring them to appear to show cause why the child should not be declared dependent or neglected.

When summons is not issued

If the petition shows that neither parent is living, or neither resides in the city, and the child has no guardian residing in the city, or if the parent/guardian requests in the petition that the child be declared dependent, the summons described above shall not be issued.
If neither parent nor guardian is found, the court appoints a suitable person to represent the child.

Hearing procedure and powers

During the hearing, the child must be brought before the court.
The court must investigate the facts, including the child’s dependency status, residence, the whereabouts of parents or near adult relatives, how long the child has been maintained, whether maintained by private or public charity, the parents’ occupation if living, whether the child is supported by the public, and whether the child has been abandoned.
The court may compel the attendance of witnesses on this examination.
When requested by the court, the city fiscal must appear to act in behalf of the petitioner.
The city fiscal has a duty, upon request of the court or any petitioner, to file and conduct necessary proceedings within the provisions of Section 38-C.
In the hearing, the court is not bound to follow the technical rules of evidence.

Adjudication and dispositional options

If the court finds the child dependent or neglected, it must adjudge the child a dependent child and may enter an order making dispositions the court deems best for the child’s moral and physical welfare.
The court may turn the child over to the care and custody of any suitable person or any suitable institution in the city organized for caring for dependent children and able and willing to care for the child.
If no suitable person or suitable institution exists, the child is referred to the Social Welfare Administration.
When turned over to a suitable person or institution, that person or institution has the right to custody and is responsible for the child’s education and maintenance, subject always to the court’s order.

Wardship, visitation, reports, and change of guardianship

If the court awards a dependent/neglected child to an individual or institution, the child becomes a ward and is subject to the guardianship of the individual or institution to whose care it is committed unless otherwise ordered.
Any institution or individual receiving the child is subject to visitation or inspection by a person appointed by the court.
The court may require reports containing information the court deems proper or necessary regarding the child’s care, education, maintenance, moral and physical training, and the standing and ability of the institution or individual to care for the child.
The court may change the guardianship if the change is shown to be in the best interests of the child.

Remaining in the home under court conditions

If the court determines that the causes of dependency may be removed under conditions or supervision for care, protection, and maintenance imposed by the court, the child may be permitted to remain in the child’s own home under the care and control of the parents or guardian, subject to the court’s jurisdiction and direction.
If the court determines it is no longer in the child’s best interests to remain with those persons, the court proceeds to a final disposition.

Parental custody and rights after adjudication

If a child is adjudged dependent or neglected, the parents or guardian have no right over or to the custody or services of the child except upon conditions in the interest of the child as the court may impose, or upon proper proceedings restoring the child to the parents or guardian.

Proceedings in other cases and confidentiality

Section 38-D requires that, in hearings and dispositions of cases other than dependency/neglect, the court follows the Rules of Court and the laws properly applicable to each particular case.
In cases between husband and wife and between parent and child, the hearings may be held in chambers or with the exclusion of the public upon petition of any party.
Section 38-D makes all information obtained in those hearings privileged and confidential and provides that it cannot be divulged without the court’s approval.

Appeals from the court

Section 38-E provides that decisions and orders of the court are appealed in the same manner and subject to the same conditions as appeals from the court of first instance.

Court record status and staffing

Section 38-F provides that the Juvenile and Domestic Relations Court is a court of record.
The court has a clerk of court and subordinate employees as may be necessary.
Appointments and compensation for the clerk and subordinate employees must be in the same manner and must receive the same compensation as similar officials and employees of the court of first instance.

Transfer of pending cases

Section 2 requires the Secretary of Justice to cause all cases and proceedings pending before the municipal court and the court of first instance of Manila that are properly cognizable by the newly created court to be transferred to it upon organization.

Appropriations for judge and court operations

Section 3 appropriates seventy-five thousand pesos (PHP 75,000) out of funds in the National Treasury not otherwise appropriated for the salary and emoluments of the judge and personnel, and for rental and other incidental expenses of the court.
Section 3 requires that a similar amount thereafter be included in the annual general appropriation acts.

Procedural governance and jurisdictional consistency

Section 1 provides that the juvenile court has exclusive original jurisdiction over the specified matters, and incidents involving these matters in ordinary-court cases are determined in the case where they arise.
Section 38-E ensures that appellate procedures align with those for the court of first instance.
Section 38-D ensures that dependency/neglect proceedings follow the dedicated procedure, while other cases follow the applicable Rules of Court and substantive laws.