CONVERTING BRANCH XII OF THE COURT OF FIRST INSTANCE OF LEYTE INTO A JUVENILE AND DOMESTIC RELATIONS COURT

• Number: Presidential Decree No. 411
• Sections: 11

Preamble

WHEREAS, the Provinces of Leyte and Southern Leyte,

including the cities of Tacloban and Ormoc, have a total population of

1,523,145 giving rise to numerous juvenile cases and domestic problems;

WHEREAS, a Juvenile and Domestic Relations Court is needed

in the aforementioned provinces and cities to exclusively handle and

resolve juvenile cases and domestic problems; and

WHEREAS, Branch XII of the Court of First Instance of Leyte

with station at Tacloban City is still unorganized and its conversion

into a Juvenile and Domestic Relations Court will not adversely affect

the administration of justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and

pursuant to Proclamation No. 1081, dated September 21, 1972, and General

Order No. 1, dated September 22, 1972, as amended, do hereby order and

decree:

Section 1 The Juvenile and Domestic Relations Court.

SECTION 1. The Juvenile and Domestic Relations Court.

— Branch XII of the Court of First Instance of Leyte is hereby

converted into a Juvenile and Domestic Relations Court of the Provinces

of Leyte and Southern Leyte, including the Cities of Tacloban and Ormoc,

for which a judge who shall possess the same qualifications, enjoy the

same privileges and receive the same salary as judges of the Court of

First Instance, shall he appointed by the President.

The Juvenile and Domestic Relations Court shall have exclusive

original jurisdiction to hear and decide cases in the Provinces of Leyte

and Southern Leyte, including the Cities of Tacloban and Ormoc which

are of the following nature:

Criminal cases cognizable by the courts of first instance,

circuit criminal court, municipal courts and city wherein the accused is

under sixteen years of age at the time of the trial: Provided,

That city and municipal courts shall exercise concurrent jurisdiction

over:

All violations of municipal or city ordinances

committed within their respective territorial jurisdictions;

Malicious mischief, concealment of deadly weapons and

all criminal cases arising under the laws relating to gambling;

Cases involving custody, guardianship, adoption, paternity

and acknowledgment: Provided, That city and municipal courts

shall continue to exercise the jurisdiction to appoint guardians

conferred upon them by Section 86(c) of the Judiciary Act;

Annulment of marriages, legal separation of spouses and

action for support;

Proceedings brought under the provisions of Articles one

hundred sixteen, two hundred twenty-five, two hundred fifty-two and

three hundred thirty-two of the Civil Code;

Petitions for the declaration of absence and for the change

of name;

Actions for the separation of properly of spouses;

Proceedings affecting a dependent or neglected child, as

hereinafter defined.

The Juvenile and Domestic Relations Court shall likewise have such

incidental powers as are generally possessed by courts of first

instance.

If any question involving any of the above matters should arise case

pending in the ordinary courts, said incident shall be determined in

any main case.

In case of the temporary absence,

disqualification, or inhibition of the judge, the Supreme Court may

designate a Judge of the Court of First Instance to act in the court or

on a particular case in accordance with the procedures provided for

under this Decree. Such designation may also be made under the

conditions provided in the first paragraph of Section fifty-one of the

Judiciary Act.

For the more economical and expeditious

disposition of cases pending before it, the court shall have the

authority to designate any judge of-an inferior court within its

jurisdiction to act as a commissioner for the purpose of receiving

evidence in the city or municipality wherein he is stationed. Such

commissioner shall proceed to receive evidence without delay and shall

submit to the court a full report of the proceedings under him within

twenty (20) days after the termination of said proceedings. The court

shall have discretion either to render a decision on the basis of the

commissioner's report thus submitted, or require the commissioner to

receive further evidence, or conduct further hearings itself.

SEC.

2. "Dependent" or "Neglected" Child Defined. — The term

"dependent” child or "neglected" child shall mean any child under

sixteen years of age who is dependent upon the public for support or who

is destitute, homeless or abandoned; or who habitually begs or receives

alms, or who is found living in any house of ill fame or with any

vicious or disreputable person, or whose home, by reason of neglect,

cruelly or depravity on the part of his parents, guardian or oilier

person in whose care lie may be, is an unfit place for such child.

Section 3

SEC. 3. Proceedings Concerning a "Dependent" or

"Neglected" Child. Any representative of the Secretary of the

Department of Social Welfare who is assigned in the province or city,

having knowledge of a child in the province or city who appears to be a

"dependent" or "neglected" child may file with the clerk of court a

written petition, setting forth the facts constituting the child as

"dependent" or "neglected," which petition shall be verified by the

affidavit of the petitioner. It shall he sufficient if the affidavit

shall be upon information and belief. Such petition shall set forth the

name of the parent or parents of such child, if known, and their

residence; and if such child has no parent living, then the name and

residence of the guardian of such child, if he has one.

Upon the filing of such petition, the judge of the court shall

fix the day and time for the hearing of such petition. If it appears

that one or both of such parents, or guardian, if there be no parents,

reside in the province, the clerk of said court shall immediately issue

summons, which shall include a copy of the petition, and which shall be

served on such parent, parents, or guardian, if any, if either can be

found in the province or city, not less than two (2) days before the

time fixed for the said hearing, requiring them to appear on said day

and hour to show cause, if any, why such child should not be declared by

said court to be a "dependent" or "neglected" child. If it appears from

the petition that neither of said parents is living, or do not reside

in the province or city and Unit said child has no guardian residing in

said province, or in case one or both of said parents, or the guardian

in case there be no parents, shall indorse on said petition a request

that the child be declared a "dependent" child, then the summons herein

provided for shall not be issued; and the court may thereupon proceed to

a hearing of the case. In case neither of the parents or guardian is

found, then the court shall appoint some suitable person to represent

said child in said case.

Upon the hearing of such case the child

shall be brought before said court; whereupon, the court shall

investigate the facts, and ascertain whether the child is a "dependent"

child, his residence, and, us far as possible, the whereabouts of his

parents or near adult relatives, when 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 or have abandoned the child, and to ascertain as fur as possible,

if the child is found dependent, the cause thereof. The court may

compel the attendance of witnesses on such examination. The fiscal, when

directed by the court, shall appear in any such examination on behalf

of the petitioner. It shall he the duty of the fiscal, upon direction of

the court or any petitioner to file a petition and to conduct any

necessary proceedings in any case within the provisions of this Section.

In hearing the case, the court shall not be bound to follow the

technical rules of evidence. If the said child shall be found after such

hearing to be a "dependent" or "neglected" child as defined herein, he

shall be adjudged a "dependent" child, and an order may be entered

making such disposition of the care and custody of said child as the

court deems best for his moral and physical welfare, lie may be turned

over to the care and custody of any suitable person or any suitable

institution in the city or province organized for the purpose of caring

for "dependent" children, and which is able and willing to care for

same. If there be no such person or suitable institution, the child

shall be referred to the Department of Social Welfare. And when such

child is so turned over to the custody of such person or institution,

such person or institution shall have the right to the custody of said

child and shall be responsible for his education and maintenance,

subject at all times to the order of the court.

In case the court

shall award a "dependent" or "neglected" child to the care of an

individual or institution, the child, unless otherwise ordered, shall

become a ward and be subject to the guardianship of the institution or

individual to whose care he is committed. An institution or individual

receiving such child under the order of the court shall he subject to

visitation or inspection by any person appointed by the court for such

purpose and the court may, at any time, require from the institution or

person a report containing such information as the court shall deem

proper or necessary, to be fully advised as to the care, education,

maintenance and moral and physical training of the child, as well as to

the standing and ability of each institution or individual to care for

the child. The court may change the guardianship of the child, if, at

any lime, it is made to appear to the court that such change is to the

best interest of the child. If, in the opinion of the court, the causes

of the dependency of any child may be removed under such conditions or

supervision for his care, protection and maintenance as may be imposed

by the court, so long as it shall be for his best interests, the child

may he permitted to remain in his own home and under the care and

control of his own parent, parents or guardian, subject to the

jurisdiction and direction of the court. When it shall appear dial it is

no longer to the best interests of the child to remain with his parents

or guardian, the court may proceed to a final disposition of the case.

In case the child is adjusted to be "dependent" or "neglected" then his

parents or guardian shall thereafter have no right over or to the

custody or services of said child except such conditions in the interest

of such child as the court may impose, or where, upon proper

proceedings, such child may lawfully be restored to the parents or

guardian.

Section 4 Proceedings in Other Cases.

SEC. 4. Proceedings in Other Cases. — In

the hearing and disposition of cases other than that covered by the

preceding Section, the court shall be governed by the Rules of Court and

the law properly applicable in each particular case.

In cases

between husband and wife, and between parent and child, however, the

hearings may be held, upon petition of any party, in chamber or with the

exclusion of the public. All information obtained at such hearings

shall be deemed privileged and confidential and shall not be divulged

without approval of the court.

Section 5

SEC. 5. Appeal from

Decision and Order of the Court. Decisions and orders of the court

shall be appealed in the same manner and subject to the same conditions

as appeals from the courts of first instance.

Section 6 The Clerk of Court and Subordinate Employees.

SEC. 6. The Clerk of Court and Subordinate Employees.

— The Juvenile and Domestic Relations Court shall be a court of record

and shall have a clerk of court and such subordinate employees as may be

necessary who shall be appointed in the same manner and shall receive

the same compensation as similar officials and employees of the courts

of first instance.

Section 7 Official Station.

SEC. 7. Official Station. — The official station

of the Juvenile and Domestic Relations Court shall be in Tacloban City.

Section 8 Transitory Provisions.

SEC. 8. Transitory Provisions. — Upon the

organization of the Juvenile and Domestic Relations Court, the Supreme

Court shall cause all cases and proceedings pending before any court

properly cognizable by the Juvenile and Domestic Relations Court to be

transferred thereto.

Section 9 Appropriations.

SEC. 9. Appropriations. — The sum of one hundred

fifty thousand pesos (P150,000) or so much thereof as may be necessary

is hereby authorized to be set aside and released from the

appropriations for the operation of the courts of first instance as

provided for in the General Appropriations Decree for the current fiscal

year, for the salary and emoluments of the judge and personnel of the

Juvenile and Domestic Relations Court, as well as for other incidental

expenses of the court.

The sum needed for the operation of Juvenile and Domestic

Relations Court in subsequent years shall be included in the General

Appropriations Decree.

Section 10 Repealing Clause.

SEC. 10. Repealing Clause. —

Any provision of law, decree, executive order, rule or regulation in

conflict with, or contrary to this Decree, is hereby repealed or

modified accordingly.

Section 11 Effectivity.

SEC. 11. Effectivity. — This

Decree is hereby made a part of the laws of the land and shall take

effect upon its approval.

Done in the City of Manila, this 15th

day of March, in the year of Our Lord, nineteen hundred and

seventy-four.

(Sgd.) FERDINAND E.

MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Assistant Executive Secretary