REPUBLIC ACT NO. 6512 - AN ACT
CREATING A COURT OF JUVENILE AND DOMESTIC RELATIONS IN THE CITY OF
BAGUIO
Section 1. The
Juvenile and Domestic Relations Court. — There shall be a Juvenile and
Domestic Relations Court for the City of Baguio and the province of
Benguet, with its seat at the Municipality of La Trinidad, Province of
Benguet to be presided by a judge who shall have the experience,
recognizable attitude or demonstrated ability in dealing with cases
involving children and families, and shall further possess the same
qualifications, enjoy the same privileges and receive the same salary
as judges of the Courts of First Instance. He shall be appointed by the
President of the Philippines, with the consent of the Commission on
Appointments.
Jurisdiction. — The provisions of the Judiciary Act of 1948, as
amended, to the contrary notwithstanding, the court shall have
exclusive original jurisdiction to hear and decide the following cases:
(a) Criminal cases cognizable by the City Court of
Baguio and the Courts of First Instance, within the territorial limits
of Baguio City and the Province of Benguet wherein the accused is under
sixteen years of age at the time of the trial;
(b) Cases involving custody, guardianship, adoption,
paternity and acknowledgment;
(c) Annulment of marriages, legal separation of
spouses and action for support;
(d) Proceedings brought under the provisions of
articles one hundred sixteen, two hundred twenty-five, two hundred
fifty-one and three hundred thirty-two of the Civil Code;
(e) Petitions for the declaration of absence and for
the change of name;
(f) Actions for the separation of property of spouse;
and
(g) Proceedings affecting a dependent or neglecting a
child, as hereinafter defined.
The court shall likewise have such incidental powers as are originally
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.
Sec. 2. Dependent or Neglected Child Defined. —
The term "dependent child" or "neglected child" shall be understood to
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
has no proper parental care or guardianship, 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.
Sec. 3. Proceedings Concerning a "Dependent or
Neglected" Child. — The Secretary of the Department of Social Welfare
or his representative who is a resident of the city or province having
knowledge of a child who appears to be a dependent or neglected child,
may file with the Juvenile and Domestic Relations Court a written
petition setting forth the facts constituting the dependent or
neglected child which petition shall be verified by the affidavit of
the petitioner.t 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 said court shall fix the
day and time for the hearing of such petition.f it appears that one or
both of such parents, or guardian, if there be no parents, reside in
the city or province, the clerk of court of said court shall
immediately issue summons, which shall include a copy of the petition,
and which shall be served on such parent or parents or guardian, if
any, if either can be found in the 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.f it appears from
the petition that neither of said parents is living, or does not reside
in the city or province and that said child has no guardian residing in
said city or province, or in case one or both of said parents, or the
guardian in case there are no parents, he shall endorse 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.n 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 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 therefor. The court may compel the attendance of witnesses on
such examination. The city fiscal or provincial fiscal as the case may
be, when requested by the court, shall appear in any such examination
in behalf of the petitioner. It shall be the duty of the city or
provincial fiscal, upon request of the court or any petitioner, to file
a petition and to conduct any necessary proceedings in any case within
the provisions of this Act.
In the hearing of such case, the court shall not be bound to follow the
technical rules of evidence.f the said child is 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.t 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 the
same.f there be no such person or suitable institution, the child shall
be referred to the Department of Social Welfare. Then the 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 at all times be responsible for its education and maintenance
subject at all times to the order of the court.
In any case where the court shall award any dependent or neglected
child to the care of any 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. Any institution or individual receiving any 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 any institution or person a report containing
such information as the court shall deem proper and necessary, to be
fully advised as to the care, education, maintenance and normal and
physical training of the child, as well as to the standing and ability
of such institution or individual to care for such child. The court may
change the guardianship of such child, it, at any time, it is made to
appear to the court such change is to the best interest of the child.f,
in the opinion of the court, the causes of 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 interest, 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, and when it shall appear to the court that it is no
longer to the best interest of such child to remain with such parents
or guardian, the court may proceed to a final disposition of the
case.
In case any child is adjudged to be dependent or neglected, then such
parents or guardian shall thereafter have no right over or to the
custody or services of said child except upon 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.
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 Revised 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 hearing shall be deemed privileged and confidential and shall
not be divulged without approval 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 case conditions as appeals from the
Court of First Instance.
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 Court of First Instance.
Sec. 7. Transitory Provisions. — Upon the
organization of the Juvenile and Domestic Relations Court, the
Secretary of Justice shall cause all cases and proceedings pending
before the Courts of First Instance and city courts in the City of
Baguio and Province of Benguet properly cognizable by the herein
created court to be transferred thereto.
Sec. 8. Appropriation. — The sum of one hundred
fifty thousand pesos is hereby authorized to be appropriated, out of
any funds in the National Treasury not otherwise appropriated, for
salary and emoluments of the judge and personnel of the court as well
as for the rental and other incidental expenses of the court. The sums
necessary for the same purpose shall thereafter be included in the
annual General Appropriations Act.
Sec. 9. This Act shall take effect upon its
approval.
Approved: July 21, 1972
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