The Juvenile and Domestic Relations Courts.
Section 1
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.