REPUBLIC ACT NO. 4836 June 18, 1966
AN ACT CREATING A JUVENILE AND DOMESTIC RELATIONS COURT IN QUEZON CITY BY AMENDING THE CHARTER OF QUEZON CITY.
Sec. 1. Republic Act Numbered Five hundred and thirty-seven, otherwise known as the Charter of Quezon City, as amended, is further amended by inserting between Article IX and Article X, a new Article to be known as Article IX-A which shall read as follows:
"Art. IX-A. The Juvenile and Domestic Relations Court.
"Sec. 29-A. The Juvenile and Domestic Relations Court. There shall be a Juvenile and Domestic Relations court in Quezon City to be presided by a judge who shall have experience, recognizable aptitude 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 Courts of First Instance. He 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...
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Republic Acts
AN ACT CREATING A JUVENILE AND DOMESTIC RELATIONS COURT IN QUEZON CITY BY AMENDING THE CHARTER OF QUEZON CITY.
Republic Act No. 4836
Summary of Republic Act No. 4836
Creation of Juvenile and Domestic Relations Court in Quezon City
- Establishes a Juvenile and Domestic Relations Court in Quezon City to be presided by a judge with qualifications and salary equivalent to a Court of First Instance judge. (Sec. 29-A)
- The court has exclusive original jurisdiction over the following cases: (Sec. 29-A)
- Criminal cases involving accused aged 16 years or under.
- Cases involving custody, guardianship, adoption, paternity, and acknowledgment.
- Annulment of marriages, legal separation, and actions for support.
- Proceedings under Title 6 and Title 7, Chapters 1-3 of the Civil Code.
- Petitions for declaration of absence and change of name.
- Proceedings affecting a dependent or neglected child, or deprivation of parental authority.
- Actions for separation of property of spouses.
Social Service and Counseling Division
- Establishes a Social Service and Counseling Division staffed with qualified personnel like social workers, to prepare case studies, perform counseling, and recommend consultative services. (Sec. 29-B)
- The division chief shall have a Master's degree in Social Work, at least 10 years of experience, and receive a compensation of not less than ₱8,600. (Sec. 29-B)
Definition of "Dependent" or "Neglected" Child
- A child aged 16 years or under who is destitute, homeless, abandoned, or without proper parental care or guardianship, or living in a house of ill fame or with vicious or disreputable persons. (Sec. 29-C)
Proceedings in Juvenile Delinquency Cases
- Requires a social case study of the child before trial, and submission of report and recommendations to the judge. (Sec. 29-D)
- Detention facilities for minor offenders shall be under the court's supervision and control. (Sec. 29-D)
Proceedings Involving Custody
- In proceedings involving separated parents or a vagrant or abused child, Rules 99, Sections 6 and 7 of the Revised Rules of Court shall apply. (Sec. 29-E)
Custody of Child Pending Proceeding
- Outlines the process for filing a petition, issuing summons, and holding a hearing to determine if a child is "dependent" or "neglected". (Sec. 29-F)
- The court may take custody of the child for placement during the trial if warranted. (Sec. 29-F)
- If found to be a "dependent" or "neglected" child, the court may turn over the child's care and custody to an authorized person, institution, or agency. (Sec. 29-F)
- The parents or guardians shall have no right over the child except as imposed by the court. (Sec. 29-F)
- The court may change the child's guardian or take steps for adoption if in the child's best interest. (Sec. 29-F)
Proceedings in Cases Involving Domestic Relations
- Hearings shall be held privately, and information obtained shall be privileged and confidential. (Sec. 29-G)
- Cases are referred to the Social Service and Counseling Division for conciliation. (Sec. 29-G)
- A petition for conciliation may be requested before issues are joined, which suspends the hearing on the merits. (Sec. 29-G)
- If conciliation fails, the court shall try the case on its merits. (Sec. 29-G)
- Parties shall attend a conciliation conference and may be cited for contempt if they fail to appear. (Sec. 29-G)
Proceedings in Other Cases
- In other cases not covered by the preceding sections, the court shall be governed by the Rules of Court and applicable laws. (Sec. 29-H)
Appeals
- Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals from the Court of First Instance. (Sec. 29-I)
Court Personnel
- The court shall have a clerk of court and subordinate employees appointed by the Secretary of Justice, with compensation fixed by the City Council. (Sec. 29-J)
Transitory Provision
- Upon organization of the court, the Secretary of Justice shall cause all pending cases properly cognizable by the court to be transferred from the city court and Court of First Instance of Quezon City. (Sec. 29-K)
Funding
- The city government shall provide funds for the salary, emoluments, consultative fees, rental, and other incidental expenses of the court. (Sec. 2)
- Pending appropriation by the city government, the salaries and emoluments shall be paid out of the National Treasury. (Sec. 2)
Implementation
- The Juvenile and Domestic Relations Court shall be organized and constituted within one year after the approval of the Act. (Sec. 3)
- The Act shall take effect upon its approval. (Sec. 4)
Creation of Juvenile and Domestic Relations Court in Quezon City
- Establishes a Juvenile and Domestic Relations Court in Quezon City to be presided by a judge with qualifications and salary equivalent to a Court of First Instance judge. (Sec. 29-A)
- The court has exclusive original jurisdiction over the following cases: (Sec. 29-A)
- Criminal cases involving accused aged 16 years or under.
- Cases involving custody, guardianship, adoption, paternity, and acknowledgment.
- Annulment of marriages, legal separation, and actions for support.
- Proceedings under Title 6 and Title 7, Chapters 1-3 of the Civil Code.
- Petitions for declaration of absence and change of name.
- Proceedings affecting a dependent or neglected child, or deprivation of parental authority.
- Actions for separation of property of spouses.
Social Service and Counseling Division
- Establishes a Social Service and Counseling Division staffed with qualified personnel like social workers, to prepare case studies, perform counseling, and recommend consultative services. (Sec. 29-B)
- The division chief shall have a Master's degree in Social Work, at least 10 years of experience, and receive a compensation of not less than ₱8,600. (Sec. 29-B)
Definition of "Dependent" or "Neglected" Child
- A child aged 16 years or under who is destitute, homeless, abandoned, or without proper parental care or guardianship, or living in a house of ill fame or with vicious or disreputable persons. (Sec. 29-C)
Proceedings in Juvenile Delinquency Cases
- Requires a social case study of the child before trial, and submission of report and recommendations to the judge. (Sec. 29-D)
- Detention facilities for minor offenders shall be under the court's supervision and control. (Sec. 29-D)
Proceedings Involving Custody
- In proceedings involving separated parents or a vagrant or abused child, Rules 99, Sections 6 and 7 of the Revised Rules of Court shall apply. (Sec. 29-E)
Custody of Child Pending Proceeding
- Outlines the process for filing a petition, issuing summons, and holding a hearing to determine if a child is "dependent" or "neglected". (Sec. 29-F)
- The court may take custody of the child for placement during the trial if warranted. (Sec. 29-F)
- If found to be a "dependent" or "neglected" child, the court may turn over the child's care and custody to an authorized person, institution, or agency. (Sec. 29-F)
- The parents or guardians shall have no right over the child except as imposed by the court. (Sec. 29-F)
- The court may change the child's guardian or take steps for adoption if in the child's best interest. (Sec. 29-F)
Proceedings in Cases Involving Domestic Relations
- Hearings shall be held privately, and information obtained shall be privileged and confidential. (Sec. 29-G)
- Cases are referred to the Social Service and Counseling Division for conciliation. (Sec. 29-G)
- A petition for conciliation may be requested before issues are joined, which suspends the hearing on the merits. (Sec. 29-G)
- If conciliation fails, the court shall try the case on its merits. (Sec. 29-G)
- Parties shall attend a conciliation conference and may be cited for contempt if they fail to appear. (Sec. 29-G)
Proceedings in Other Cases
- In other cases not covered by the preceding sections, the court shall be governed by the Rules of Court and applicable laws. (Sec. 29-H)
Appeals
- Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals from the Court of First Instance. (Sec. 29-I)
Court Personnel
- The court shall have a clerk of court and subordinate employees appointed by the Secretary of Justice, with compensation fixed by the City Council. (Sec. 29-J)
Transitory Provision
- Upon organization of the court, the Secretary of Justice shall cause all pending cases properly cognizable by the court to be transferred from the city court and Court of First Instance of Quezon City. (Sec. 29-K)
Funding
- The city government shall provide funds for the salary, emoluments, consultative fees, rental, and other incidental expenses of the court. (Sec. 2)
- Pending appropriation by the city government, the salaries and emoluments shall be paid out of the National Treasury. (Sec. 2)
Implementation
- The Juvenile and Domestic Relations Court shall be organized and constituted within one year after the approval of the Act. (Sec. 3)
- The Act shall take effect upon its approval. (Sec. 4)