WHEREAS,
the Province of Cebu, excluding the cities of Cebu, Lapu-lapu, Danao,
Toledo and Mandawe, 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 and domestic problems; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, Branch VIII of the Court of 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;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of 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:cralaw:red
Section 1. 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
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 Courts 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 Mandawe, and the Juvenile and Domestic Relations Courts 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:cralaw:red
(a) Criminal cases cognizable by the court of first
instance, circuit criminal court, municipal courts and city courts
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:cralaw:red
(1) All violations of municipal or city ordinances
committed within their respective territorial jurisdictions;chanroblesvirtualawlibrary
(2) Malicious mischief, concealment of deadly weapons
and all criminal cases arising under the laws relating to gambling.
(b) 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;chanroblesvirtualawlibrary
(c) Annulment of marriages, legal separation of
spouses and action for support;chanroblesvirtualawlibrary
(d) Proceedings brought under the provisions of
Articles one hundred sixteen, two hundred twenty-five, two hundred
fifty-two and three thirty-two of the Civil Code;chanroblesvirtualawlibrary
(e) Petitions for the declaration of absence and for
the change of name;chanroblesvirtualawlibrary
(f) Actions for the separation of property of spouses;chanroblesvirtualawlibrary
(g) 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 the 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. chanroblesvirtualawlibrary
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 these 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 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 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.
Section 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, 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. — 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 or 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 such 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 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 of 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. chanroblesvirtualawlibrary
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 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 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 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. chanroblesvirtualawlibrary
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 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. — 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 by the court.
Section 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. — 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. chanroblesvirtualawlibrary
Section 7. Official stations. — The official stations
of the Juvenile and Domestic Relations Courts for the Province of Cebu
City 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. — 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. — The Supreme Court shall
likewise cause to be transferred to the Juvenile and Domestic Relations
Courts 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 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 Courts of Cebu, as well as for the other incidental
expenses of the courts. chanroblesvirtualawlibrary
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. — 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. — 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.
|