REPUBLIC ACT No. 1401
AN ACT CREATING A JUVENILE AND DOMESTIC RELATIONS COURT IN THE CITY OF MANILA, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED FOUR HUNDRED AND NINE, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF MANILA.
Section 1. Republic Act Numbered Four hundred and nine is amended by inserting between sections thirty-eight and thirty-nine thereof a new Article, to be known as Article VIII-A, to read as follows:
"ARTICLE VIII-A
The Juvenile and Domestic Relations Court"Sec. 38-A. The Juvenile and Domestic Relations Court. There shall be a Juvenile and Domestic Relations Court in the City of Manila for which a judge who shall possess the same qualifications, enjoy the same privileges and receive the same salary as judges of courts 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 after the effectivity of this Act:
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Republic Acts
An Act Creating A Juvenile And Domestic Relations Court In The City Of Manila, Amending For This Purpose Republic Act Numbered Four Hundred And Nine, Otherwise Known As The Charter Of The City Of Manila.
Republic Act No. 1401
Summary of Republic Act No. 1401
Creation of Juvenile and Domestic Relations Court in Manila
- A Juvenile and Domestic Relations Court is created in the City of Manila. (Sec. 38-A)
- The court shall have a judge appointed by the President with the same qualifications, privileges, and salary as judges of courts of first instance. (Sec. 38-A)
Jurisdiction of the Court
- The court shall have exclusive original jurisdiction over the following cases: (Sec. 38-A)
• Criminal cases involving accused under 16 years old at the time of trial, cognizable by the Municipal Court and Court of First Instance of Manila. (Sec. 38-A(a))
• Cases involving custody, guardianship, adoption, paternity, and acknowledgment. (Sec. 38-A(b))
• Annulment of marriages, legal separation of spouses, and actions for support. (Sec. 38-A(c))
• Proceedings under Articles 116, 225, 252, and 332 of the Civil Code. (Sec. 38-A(d))
• Petitions for declaration of absence and change of name. (Sec. 38-A(e))
• Actions for separation of property of spouses. (Sec. 38-A(f))
• Proceedings affecting a dependent or neglected child. (Sec. 38-A(g))
- The court shall also have incidental powers generally possessed by courts of first instance. (Sec. 38-A)
- If any question involving the above matters arises as an incident in any case pending in ordinary courts, the incident shall be determined in the main case. (Sec. 38-A)
Definition of "Dependent" or "Neglected" Child
- A "dependent child" or "neglected child" is defined as any child under 16 years old who: (Sec. 38-B)
• Is dependent on public support or destitute, homeless, or abandoned.
• Has no proper parental care or guardianship.
• Habitually begs or receives alms.
• Is found living in a house of ill fame or with vicious or disreputable persons.
• Has a home that is an unfit place due to neglect, cruelty, or depravity of parents or guardians.
Proceedings Concerning a "Dependent" or "Neglected" Child
- The Social Welfare Administrator or representative may file a petition with the court alleging a child is "dependent" or "neglected". (Sec. 38-C)
• The petition must be verified by affidavit and include the names and residences of the child's parents or guardians, if known. (Sec. 38-C)
• The court shall fix a hearing date and issue summons to the parents or guardians, if they reside in the city, at least 2 days before the hearing. (Sec. 38-C)
• If parents or guardians are not found or request the child be declared dependent, no summons is required. (Sec. 38-C)
• The court shall appoint a representative for the child if no parents or guardians are found. (Sec. 38-C)
• At the hearing, the court shall investigate the facts, ascertain the child's residence and whereabouts of relatives, how long the child has been maintained by charity, the parents' occupation and support, and the cause of dependency. (Sec. 38-C)
• The court may compel attendance of witnesses, and the city fiscal shall appear on behalf of the petitioner upon request. (Sec. 38-C)
• The court is not bound by technical rules of evidence. (Sec. 38-C)
• If the child is found to be "dependent" or "neglected", the court may order the child's care and custody to a suitable person, institution, or the Social Welfare Administration. (Sec. 38-C)
• The person or institution receiving the child shall have custody and be responsible for the child's education and maintenance, subject to the court's order. (Sec. 38-C)
• The court may require reports from the person or institution on the child's care, education, maintenance, and training. (Sec. 38-C)
• The court may change the child's guardianship if it is in the child's best interests. (Sec. 38-C)
• If the causes of dependency can be removed, the child may remain with the parents or guardians under the court's supervision. (Sec. 38-C)
• If the child is adjudged dependent or neglected, the parents or guardians shall have no right over the child's custody or services except as imposed by the court. (Sec. 38-C)
Proceedings in Other Cases
- In other cases, the court shall be governed by the Rules of Court and applicable laws. (Sec. 38-D)
• In cases between husband and wife, and between parent and child, hearings may be held in chambers or with the exclusion of the public upon petition of any party. (Sec. 38-D)
• All information obtained at such hearings shall be deemed privileged and confidential and shall not be divulged without court approval. (Sec. 38-D)
Appeal from Decisions and Orders 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 court of first instance. (Sec. 38-E)
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 subordinate employees appointed in the same manner and receiving the same compensation as similar officials and employees of the court of first instance. (Sec. 38-F)
Transfer of Pending Cases
- Upon the organization of the Juvenile and Domestic Relations Court, the Secretary of Justice shall cause all cases and proceedings pending before the municipal court and the court of first instance of Manila properly cognizable by the new court to be transferred thereto. (Sec. 2)
Appropriation
- The sum of 75,000 pesos is appropriated from the National Treasury for the salary and emoluments of the judge and personnel of this court, as well as for the rental and other incidental expenses of the court, and a similar amount shall be included in the annual general appropriation acts thereafter. (Sec. 3)
Effectivity
- This Act shall take effect upon its approval. (Sec. 4)
Creation of Juvenile and Domestic Relations Court in Manila
- A Juvenile and Domestic Relations Court is created in the City of Manila. (Sec. 38-A)
- The court shall have a judge appointed by the President with the same qualifications, privileges, and salary as judges of courts of first instance. (Sec. 38-A)
Jurisdiction of the Court
- The court shall have exclusive original jurisdiction over the following cases: (Sec. 38-A)
• Criminal cases involving accused under 16 years old at the time of trial, cognizable by the Municipal Court and Court of First Instance of Manila. (Sec. 38-A(a))
• Cases involving custody, guardianship, adoption, paternity, and acknowledgment. (Sec. 38-A(b))
• Annulment of marriages, legal separation of spouses, and actions for support. (Sec. 38-A(c))
• Proceedings under Articles 116, 225, 252, and 332 of the Civil Code. (Sec. 38-A(d))
• Petitions for declaration of absence and change of name. (Sec. 38-A(e))
• Actions for separation of property of spouses. (Sec. 38-A(f))
• Proceedings affecting a dependent or neglected child. (Sec. 38-A(g))
- The court shall also have incidental powers generally possessed by courts of first instance. (Sec. 38-A)
- If any question involving the above matters arises as an incident in any case pending in ordinary courts, the incident shall be determined in the main case. (Sec. 38-A)
Definition of "Dependent" or "Neglected" Child
- A "dependent child" or "neglected child" is defined as any child under 16 years old who: (Sec. 38-B)
• Is dependent on public support or destitute, homeless, or abandoned.
• Has no proper parental care or guardianship.
• Habitually begs or receives alms.
• Is found living in a house of ill fame or with vicious or disreputable persons.
• Has a home that is an unfit place due to neglect, cruelty, or depravity of parents or guardians.
Proceedings Concerning a "Dependent" or "Neglected" Child
- The Social Welfare Administrator or representative may file a petition with the court alleging a child is "dependent" or "neglected". (Sec. 38-C)
• The petition must be verified by affidavit and include the names and residences of the child's parents or guardians, if known. (Sec. 38-C)
• The court shall fix a hearing date and issue summons to the parents or guardians, if they reside in the city, at least 2 days before the hearing. (Sec. 38-C)
• If parents or guardians are not found or request the child be declared dependent, no summons is required. (Sec. 38-C)
• The court shall appoint a representative for the child if no parents or guardians are found. (Sec. 38-C)
• At the hearing, the court shall investigate the facts, ascertain the child's residence and whereabouts of relatives, how long the child has been maintained by charity, the parents' occupation and support, and the cause of dependency. (Sec. 38-C)
• The court may compel attendance of witnesses, and the city fiscal shall appear on behalf of the petitioner upon request. (Sec. 38-C)
• The court is not bound by technical rules of evidence. (Sec. 38-C)
• If the child is found to be "dependent" or "neglected", the court may order the child's care and custody to a suitable person, institution, or the Social Welfare Administration. (Sec. 38-C)
• The person or institution receiving the child shall have custody and be responsible for the child's education and maintenance, subject to the court's order. (Sec. 38-C)
• The court may require reports from the person or institution on the child's care, education, maintenance, and training. (Sec. 38-C)
• The court may change the child's guardianship if it is in the child's best interests. (Sec. 38-C)
• If the causes of dependency can be removed, the child may remain with the parents or guardians under the court's supervision. (Sec. 38-C)
• If the child is adjudged dependent or neglected, the parents or guardians shall have no right over the child's custody or services except as imposed by the court. (Sec. 38-C)
Proceedings in Other Cases
- In other cases, the court shall be governed by the Rules of Court and applicable laws. (Sec. 38-D)
• In cases between husband and wife, and between parent and child, hearings may be held in chambers or with the exclusion of the public upon petition of any party. (Sec. 38-D)
• All information obtained at such hearings shall be deemed privileged and confidential and shall not be divulged without court approval. (Sec. 38-D)
Appeal from Decisions and Orders 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 court of first instance. (Sec. 38-E)
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 subordinate employees appointed in the same manner and receiving the same compensation as similar officials and employees of the court of first instance. (Sec. 38-F)
Transfer of Pending Cases
- Upon the organization of the Juvenile and Domestic Relations Court, the Secretary of Justice shall cause all cases and proceedings pending before the municipal court and the court of first instance of Manila properly cognizable by the new court to be transferred thereto. (Sec. 2)
Appropriation
- The sum of 75,000 pesos is appropriated from the National Treasury for the salary and emoluments of the judge and personnel of this court, as well as for the rental and other incidental expenses of the court, and a similar amount shall be included in the annual general appropriation acts thereafter. (Sec. 3)
Effectivity
- This Act shall take effect upon its approval. (Sec. 4)