CONVERTING BRANCH VIII OF THE COURT OF FIRST INSTANCE OF CEBU AND BRANCH VIII OF THE COURT OF FIRST INSTANCE OF NEGROS OCCIDENTAL INTO JUVENILE AND DOMESTIC RELATIONS COURTS

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

Preamble

WHEREAS, the Province of Cebu, excluding the cities of Cebu,

Lapu-Lapu, Danao, Toledo and Mandaue, and the Province of Negros

Occidental, excluding the cities of Bacolod, Silay, San Carlos, La

Carlota, Bago and Cadiz, have a population of 1,758,212 and 1,821,000,

respectively, giving rise to numerous juvenile cases and domestic

problems;

WHEREAS, a Juvenile and Domestic Relations Court is needed

in the Provinces of Cebu and Negros Occidental to exclusively handle and

resolve juvenile cases and domestic problems; and

WHEREAS, Branch VIII of the Court of First Instance of Cebu

and Branch VIII of the Court of First Instance of Negros Occidental have

presently no presiding judges and their conversion into Juvenile and

Domestic Relations Courts 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, 1 972, as amended, do hereby order and

decree:

Section 1 The Juvenile and Domestic Relations Courts.

SECTION 1. The Juvenile and Domestic Relations Courts.

— Branch VIII of the Court of First Instance of Cebu and Branch VIII of

the Court of First Instance of Negros Occidental are hereby converted

into Juvenile and Domestic Relations Courts of the Province of Cebu and

the Province of Negros Occidental, respectively, for which judges who

shall possess the same qualifications, enjoy the same privileges and

receive the same salary as judges of the Court of First Instance, shall

be appointed by the President.

The Juvenile and Domestic Relations Court of the Province of Cebu

shall have exclusive original jurisdiction to hear and decide cases in

the Province of Cebu including the cities of Cebu, Lapu-Lapu, Toledo,

Danao and Mandaue, and the Juvenile and Domestic Relations Court of the

Province of Negros Occidental shall have also exclusive original

jurisdiction to hear and decide cases in the Province of Negros

Occidental including the cities of Bacolod, Silay, San Carlos, La

Carlota, Bago and Cadiz, which are of the following nature:

Criminal cases cognizable by the courts of first instance,

circuit criminal courts, municipal courts and city courts wherein the

accused is under sixteen (16) years of age at the time of the trial: Provided,

That city and municipal courts shall exercise concurrent jurisdiction

over:

Air 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 property of spouses; and

Proceedings affecting a dependent or neglected child, as

hereinafter defined.

The Juvenile and Domestic Relations Courts 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 as an incident in any case pending in the ordinary courts,

said incident shall be determined in the main case.

In case of

the temporary absences, disqualification, or inhibition of the judges,

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 the 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 hearing itself.

SEC.

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

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

sixteen (16) 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,

cruelty or depravity on the part of its parents, guardian or other

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

Section 3 Proceedings Concerning a "Dependent" or "Neglected" Child.

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

"dependent" or "neglected" child may file with the Clerk of Court a

written petition, setting forth the facts constituting the child

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

affidavit of the petitioner. It shall be 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 it 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 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 that 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, its residence, and, as far as possible, the whereabouts of its

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 far 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 in behalf

of the petitioner. It shall be 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 article.

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, it

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 its moral and physical welfare. It may he 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 its 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 it is committed. An institution or individual

receiving such child under the order of the court shall be 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 such institution or individual to care for

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

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

best interests 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 its care, protection and maintenance as may be imposed

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

may be permitted to remain in its own home and under the care and

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

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

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

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

In case the child is adjudged to be "dependent" or "neglected" then its

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

custody or services of said child except such condition in the interests

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 Appeal from Decision and Order of the Court.

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 Clerks of Court and Subordinate Employees.

SEC. 6. The Clerks of Court and Subordinate

Employees. — The Juvenile and Domestic Relations Courts shall be

courts of record and shall each 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 court of first instance. The personnel of Branch

VIII of the Court of First Instance of Cebu are hereby transferred to

the Juvenile and Domestic Relations Court for the Province of Cebu and

shall remain in their respective positions and receive their salaries

without need of a new appointment. The most senior among the personnel

herein transferred, if qualified, shall be designated by the Supreme

Court temporarily to act as clerk of court until a permanent one has

been appointed.

Section 7 Official Station.

SEC. 7. Official Station. — The official

stations of the Juvenile and Domestic Relations Courts for the Province

of Cebu and the Province of Negros Occidental shall be in Cebu City and

Bacolod City, respectively, but they may hold sessions in the cities

within their respective territorial jurisdiction mentioned in Section 1

of this Decree.

Section 8 Transitory Provision.

SEC. 8. Transitory Provision. — Upon the

organization of the juvenile and Domestic Relations Courts, the Supreme

Court shall cause all cases and proceedings pending before any court

properly cognizable by the courts herein created to be transferred

thereto.

Section 9 Appropriations.

SEC. 9. Appropriations. — The Supreme Court

shall likewise cause to be transferred to the juvenile and Domestic

Relations Court of the Province of Cebu the equipment and supplies and

the unexpended balance of the funds set aside for the salaries of the

Presiding judge and the subordinate personnel and for the operating

expenses of Branch VIII of the Court of First Instance of Cebu.

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 of Negros

Occidental, and of such other personnel as may be necessary for the

Juvenile and Domestic Relations Court of Cebu a well as for the other

incidental expenses of the courts.

The sum needed for the

operation of the Juvenile and Domestic Relations Courts herein created

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.) ALEJANDRO

MELCHOR

Executive Secretary