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;chanroblesvirtualawlibrary
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;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 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:cralaw:red
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 be appointed by the President. chanroblesvirtualawlibrary
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:cralaw:red
(a) Criminal cases cognizable by the courts 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 hundred 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 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 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 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. chanroblesvirtualawlibrary
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 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 hearings 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 his parents, guardian or
other person in whose care he 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 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. chanroblesvirtualawlibrary
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 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 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, as 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 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 on 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 Section. 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, 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. He 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
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 each 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 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 be 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 that 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 adjudged 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. — 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 part, 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 an 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. chanroblesvirtualawlibrary
Section 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 employees
of the courts of first instance.
Section 7. Official Station. — The official station
of the Juvenile and Domestic Relations Court shall be in Tacloban City.
Section 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. — 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, as well as for other incidental expenses of
the court.
The sum needed for the operation of the Juvenile and Domestic Relations
Court in subsequent years shall be included in the General
Appropriations Decree. chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
Done in the City of Manila,
this 15th day of March in the year of Our Lord, nineteen hundred and
seventy-four.
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