REPUBLIC ACT NO. 6586 - AN
ACT CREATING A JUVENILE AND DOMESTIC RELATIONS COURT IN THE PROVINCE OF
CEBU AND APPROPRIATING FUNDS THEREFORE
Section 1. The
Juvenile and Domestic Relations Court. — There shall be created one
Juvenile and Domestic Relations Court in the Province of Cebu for which
a judge who shall possess the same qualifications, enjoy the same
privileges and receive the same salary as judge of the Court of First
Instance, shall be appointed by the President of the Philippines with
the consent of the Commission on Appointments.
Provisions of the Judiciary Act to the contrary notwithstanding, the
court shall have exclusive original jurisdiction to hear and decide the
following cases in the Province of Cebu including the cities of Cebu,
Lapu-Lapu, Toledo, Danao and Mandawe:
(a) Criminal cases 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-two 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
spouses;
(g) Proceedings affecting a dependent or neglected
child, as hereinafter defined.
The 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.
Sec. 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.
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 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 the 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.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 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.f 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.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 such 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 requested by the court, shall appear
in any such examination in behalf of the petitioner.t shall be the duty
of the fiscal, upon the 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 article.
In the hearing of such case, the court shall not be bound to follow the
technical rules of evidence.f 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.t may be turned
over to the care and custody of any suitable person or any suitable
institution in the city organized for the purpose of caring for
'dependent' children, and which is able and willing to care for same.f
there be no such person on 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 at all times 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 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 such child. The court may
change the guardianship of such child, if, at any time, it is made to
appear to the court such change is to the best interests of the
child.f, 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; and when it shall appear to the court that it is no
longer to the best interests 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 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.
Sec. 4. Proceedings in Other Case. — 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 laws 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.
Sec. 5. Appeal from Decision and Order of the
Court. — Decision 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.
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. Upon the organization of the Juvenile and
Domestic Relations Court, the Secretary of Justice shall cause all
cases and proceedings pending before any court properly cognizable by
the court herein created to be transferred thereto.
Sec. 8. Such sum as may be necessary to carry out
the purpose of this Act during the fiscal year nineteen hundred seventy
to nineteen hundred seventy-one is appropriated, out of any funds in
the National Treasury not otherwise appropriated. The same sum needed
for the same purpose in subsequent years shall be included in the
annual General Appropriations Act.
Sec. 9. This Act shall take effect upon its
approval.
Approved: September 30, 1972
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