Establishing Family Courts' Jurisdiction

The State is committed to protecting the rights and promoting the welfare of children in accordance with the Constitution and the United Nations Convention on the Rights of the Child.
A specialized adjudication system for youthful offenders that considers their unique circumstances is mandated.
The family is recognized as a fundamental autonomous social institution that must be protected and strengthened.
Courts are directed to preserve family solidarity and provide procedures for spouse reconciliation and amicable settlement of family disputes.

Family courts shall be established in every province and city across the Philippines.
If a city is the provincial capital, the family court shall be set up in the municipality with the highest population within that province.

Judges must be natural-born Philippine citizens, at least 35 years old, and have at least 10 years’ practice in law or relevant public office.
Judges and court personnel must have experience and demonstrated ability in dealing with child and family cases.
The Supreme Court will provide continuing education programs on child and family law and related disciplines.

Family courts have exclusive original jurisdiction over:
- Criminal cases involving accused minors aged 9 to under 18 or cases where victims are minors at the time of offense.
- Petitions affecting custody, guardianship, adoption, annulment, nullity of marriage, marital status, property relations, support, acknowledgment, and family home constitution.
- Cases regarding abandoned, dependent, or neglected children including parental authority suspension or termination.
- Cases involving violations of child protection laws such as the Dangerous Drugs Act, RA No. 7610 (Special Protection of Children), and domestic violence against women and children.
Criminal acts involving domestic violence lead to criminal proceedings and appropriate penalties.
Incidental family or child matters arising in regular courts are determined therein.

Family courts may use 10% of their income from filing and court fees for research, operating expenses, or capital outlay.
This provision also applies to all courts of justice.
The Supreme Court issues guidelines for this use.

Family courts may issue restraining orders in cases of intra-family violence based on a verified application.
Temporary custody of children can be ordered in civil custody actions.
Support pendente lite, including salary deductions and use of conjugal property, may be ordered in civil support cases.

Family court judges shall directly supervise youth detention homes established by local government units.
Alternatives to detention (counseling, recognizance, bail, community-based programs) must be prioritized.
Human rights of youthful accused must be respected in a manner suitable to their welfare.

A SSCD shall be created in judicial regions as necessary to provide social services for juvenile and family cases.
The division develops programs, formulates policies, and provides supervision and monitoring.
SSCD staff must be qualified social workers or personnel with behavioral science backgrounds.
For adoption and abandonment cases, studies may be prepared by accredited agencies or the DSWD.
The division may consult psychiatrists, psychologists, and other specialists employed by the government.
A Social Work Adviser position will be created to oversee SSCD operations.

Where family courts are not established, the DSWD shall assign qualified, trained social workers to handle juvenile and family cases in designated regional trial courts.

Hearings and conciliation must respect the dignity and privacy of children and families.
Case records are confidential; parties’ identities shall not be disclosed unless necessary and authorized by the judge.

The Supreme Court shall promulgate special procedural rules for the transfer and disposition of family cases.
These rules emphasize the best interest of the child and family protection in compliance with the United Nations Convention on the Rights of the Child.

Appeals from family court decisions and orders follow the same manner and conditions applicable to regional trial courts.

Funding for the Act’s implementation will be included in the General Appropriations Act annually following its enactment.

The Supreme Court, in coordination with the DSWD, will formulate rules and regulations for effective implementation focusing on social aspects.

Pending full establishment, the Supreme Court shall designate family courts among existing regional trial court branches in major cities nationwide.
Additional non-family cases may be assigned to family courts if docket permits, with separation of hearing days.
In areas lacking family courts, regional trial courts shall handle the cases enumerated in Section 5.

If any provision is declared unconstitutional, other provisions remain effective.

Laws, decrees, orders, or rules inconsistent with this Act are repealed, amended, or modified accordingly.

The Act becomes effective fifteen (15) days after publication in two national newspapers of general circulation.