Creation of Juvenile and Domestic Relations Court

Exclusive original jurisdiction granted

Section 1 grants the court exclusive original jurisdiction over the following cases, notwithstanding provisions of the Judiciary Act to the contrary.
The court has exclusive original jurisdiction over criminal cases where the accused is under sixteen years of age at the time of filing, and where such cases are currently cognizable by courts of first instance, city courts, and municipal courts, except cases involving violations of municipal ordinances of the City of Iriga and of the different municipalities of Camarines Sur.
The court has exclusive original jurisdiction over cases involving custody, guardianship, adoption, paternity and acknowledgment.
The court has exclusive original jurisdiction over annulment of marriages, relief from marital obligations, legal separation of spouses, and actions for support.
The court has exclusive original jurisdiction over proceedings brought under Articles 116, 117, 225, 251, and 332 of the Civil Code.
The court has exclusive original jurisdiction over proceedings for declaration of absence and for change of name.
The court has exclusive original jurisdiction over actions involving separation of property and other property relations between spouses.
The court has exclusive original jurisdiction over proceedings affecting a dependent or neglected child (as defined in the Act) or other cases concerning the exercise or deprivation of parental authority.

Incidental powers and handling incidents

The court possesses incidental powers generally possessed by courts of first instance.
When a question involving any matters under its exclusive jurisdiction arises as an incident in a case pending in ordinary courts, the incident is determined in the main case.

Temporary judge designation and commissioners

In case of the judge’s temporary absence, disqualification, or inhibition, the Secretary of Justice may designate a Judge of the Court of First Instance to act in the court or on a particular case under the procedures provided in the Act.
Such designation may also be made under the conditions in the first paragraph of Section fifty-one of the Judiciary Act.
For the more economical and expeditious disposition of cases, the court may designate any judge of an inferior court within its jurisdiction to act as a commissioner to receive evidence in the city or municipality where the commissioner is stationed.
The commissioner must receive evidence without delay and must submit a full report of the proceedings within twenty days after termination.
The court has discretion to either render a decision based on the commissioner’s report, require further evidence, or conduct further hearings itself.

Definition of dependent and neglected child

A “dependent child” or “neglected child” means any child under sixteen years of age who is:
Dependent upon the public for support, or destitute, homeless, or abandoned.
Lacking proper parental care or guardianship, or who habitually begs or receives alms.
Found living in any house of ill-fame or with any vicious or disreputable person.
Found in an unfit home or place of residence due to neglect, cruelty, or depravity on the part of its parents, guardian, or other person in whose care the child may be.

Proceedings for dependent or neglected child

The Secretary of Social Welfare or his representative assigned within the court’s jurisdiction must file with the clerk of court a written petition whenever he has knowledge of a child within the jurisdiction who appears to be a dependent or neglected child.
The petition must set forth the facts constituting dependency or neglect and must be verified by the affidavit of the petitioner.
The affidavit may be based on information and belief.
The petition must state the name and residence of the child’s parent or parents if known; if no parent is living, it must state the name and residence of the guardian.
The petition must be accompanied by a summarized report on the case study on which the petition is based.

Custody during trial and hearing scheduling

Upon filing, the court may take custody of the child for placement with any person, institution, or agency authorized to care for children during the trial if the interest of the child so warrants.
The court or the commissioner (if designated) must fix the day, time, and place for the hearing of the petition.
If one or both parents, or the guardian if there are no parents, reside within the court’s jurisdiction, the clerk of court must issue summons including a copy of the petition.
Summons must be served on such parent(s) or guardian not less than two days before the hearing, requiring them to appear to show cause why the child should not be declared a dependent or neglected child.
If the petition shows neither parent is living or neither resides within the jurisdiction and the child has no guardian residing within the jurisdiction, the summons will not be issued when the petition includes an endorsement requesting that the child be declared dependent.
When neither parent nor guardian is found, the court must appoint a suitable person to represent the child.

Investigation at hearing and evidence rules

At the hearing, the child must be brought before the court or commissioner.
The court or commissioner must investigate the facts to determine whether the child is dependent or neglected, the child’s residence, and, as far as possible, the whereabouts of parents or adult near-relatives.
The investigation must include how and how long the child has been maintained, in whole or in part, by private or public charity, the occupation of the parents if living, whether they are supported by the public, and whether they have abandoned the child.
The court may compel witness attendance during the examinations.
The provincial or city fiscal must appear on behalf of the petitioner when requested by the court or the commissioner.
When requested by the court or any petitioner, the fiscal must file a petition and conduct necessary proceedings within the Act.
The court or commissioner is not bound to follow the technical rules of evidence in the hearing and disposition.

Adjudication, orders, and placement

If the child is found to be a dependent or neglected child, the court must adjudge so and may enter an order making a disposition of the case and custody of the child that the court deems best for the child’s moral and welfare.
The court may turn the child over to the care and custody of any suitable person or institution in the province or city organized to care for dependent or neglected children and able and willing to care for the child.
If no suitable person or institution exists, the child must be referred to the Department of Social Welfare.
When turned over, the person or institution receives custody and is responsible at all times for the child’s education and maintenance, subject to the court’s order.

Wardship, visitation, reports, and change of guardianship

When an individual or institution receives the child by order of the court, the child becomes a ward and is subject to the guardianship of the individual or institution to whose care the child is committed, unless otherwise ordered.
Any individual or institution receiving the child under court order is subject to visitation or inspection by a person appointed by the court.
The court may require the individual or institution, at any time, to file a report with information the court deems necessary about the child’s care, education, maintenance, moral and physical training, and the standing and ability of the caretaker to care for the child.
The court may change the guardianship if it appears such change is in the child’s best interests.

Return home under supervision

If the court believes the causes of dependency may be removed under conditions or supervision for the child’s care, protection, and maintenance imposed by the court, so long as it is for the child’s best interests, the child may be permitted to remain in its own home under the care and control of its parent(s) or guardian under the court’s jurisdiction and direction.
When it appears the child can no longer be kept in its home consistent with the child’s best interests, the court may proceed to a final disposition.

Loss of parental rights and restoration conditions

When a child is adjudged dependent or neglected, the parents or guardian have no right over the custody or services of the child except under conditions in the interest of the child imposed by the court, or where the child is restored through proper proceedings.
Before ordering restoration, the court may require the parents or guardian to make reimbursements for previous expenses of the child or to agree to other conditions imposed by the court.

Other cases and confidential chamber hearings

For hearings and dispositions of cases not covered by the dependent or neglected child proceedings, the court must follow the Rules of Court and the law applicable in each case.
Such rules must be applied most liberally along pre-trial, philosophy.
In cases between husband and wife and between parent and child, hearings may be held, upon petition of any party, in chambers or with the exclusion of the public.
Information obtained in such hearings is privileged and confidential and cannot be divulged without the court’s approval.

Appeals and court record status

Decisions and orders of the court are appealed in the same manner and under the same conditions as appeals from courts of first instance.
The Juvenile and Domestic Relations Court is a court of record.

Clerk of court and subordinate employees

The court must have a clerk of court and subordinate employees necessary for its functions.
Upon the judge’s recommendation, the clerk and subordinate employees are appointed in the same manner and receive the same compensation as similar officials and employees of the courts of first instance.

Facilities, cost-sharing, and seminars

The Province of Camarines Sur must furnish the court with the same facilities, equipment, supplies, and allowances given to courts of first instance.
The Secretary of Justice, upon request of the province, may require the Cities of Iriga and Naga to share in these costs.
The judge must conduct at least once a year during the first three years after creation, and thereafter whenever appropriate, a conference or seminar for municipal and city judges and other government personnel involved in implementing the Act.
The seminars must discuss procedures, psychological and guidance problems, family relations, and other matters conducive to fulfilling the objectives of the Act.

Transitory transfers, appropriation, effectivity

Upon organization of the court, the Secretary of Justice must cause all cases and proceedings pending in the courts of first instance, municipal courts, and city courts in the Province of Camarines Sur and the Cities of Naga and Iriga that are properly cognizable by the Juvenile and Domestic Relations Court to be transferred thereto.
An appropriation is authorized for the fiscal year 1972 to 1973 sufficient to carry out the purpose of the Act, to come from National Treasury funds not otherwise appropriated, and similar amounts for the same purpose must thereafter be included in the annual General Appropriations Act.
The Act takes effect upon its approval.
Approval occurred on September 30, 1972 under the signature of Ferdinand E. Marcos.