Converting Branch XII Of The Court Of First Instance Of Leyte Into A Juvenile And Domestic Relations Court

Case Overview and Summary

Summary of Presidential Decree No. 411

Conversion of Branch XII of the Court of First Instance of Leyte into a Juvenile and Domestic Relations Court

- Establishes a Juvenile and Domestic Relations Court for the Provinces of Leyte and Southern Leyte, including the Cities of Tacloban and Ormoc. (Section 1)
- Defines the exclusive original jurisdiction of the Juvenile and Domestic Relations Court:
    - Criminal cases where the accused is under 16 years old at the time of trial, with concurrent jurisdiction for municipal/city courts over certain offenses. (Section 1(a))
    - Cases involving custody, guardianship, adoption, paternity, and acknowledgment, with municipal/city courts retaining jurisdiction to appoint guardians. (Section 1(b))
    - Annulment of marriages, legal separation of spouses, and actions for support. (Section 1(c))
    - Proceedings under Articles 116, 225, 252, and 332 of the Civil Code. (Section 1(d))
    - Petitions for declaration of absence and change of name. (Section 1(e))
    - Actions for separation of property of spouses. (Section 1(f))
    - Proceedings affecting a dependent or neglected child, as defined in Section 2. (Section 1(g))
- Defines a "dependent" or "neglected" child as any child under 16 years old who is dependent on public support, destitute, homeless, abandoned, begging, living in a house of ill-fame, or whose home is unfit due to neglect, cruelty, or depravity of parents/guardians. (Section 2)
- Outlines the proceedings concerning a "dependent" or "neglected" child, including the filing of a petition, issuance of summons, hearing, investigation, and disposition of the child's care and custody. (Section 3)
- Provides for the conduct of hearings in other cases, with the option for in-chamber or closed hearings in cases between husband and wife, and between parent and child. (Section 4)
- Allows for appeals from decisions and orders of the court in the same manner as appeals from courts of first instance. (Section 5)
- Establishes the court as a court of record with a clerk of court and subordinate employees, appointed and compensated similarly to those of courts of first instance. (Section 6)
- Sets the official station of the Juvenile and Domestic Relations Court in Tacloban City. (Section 7)
- Provides for the transfer of pending cases and proceedings properly cognizable by the Juvenile and Domestic Relations Court upon its organization. (Section 8)
- Authorizes the appropriation of ₱150,000 or as much as necessary from the appropriations for courts of first instance for the salary, emoluments, and incidental expenses of the Juvenile and Domestic Relations Court for the current fiscal year, and inclusion in subsequent General Appropriations Decrees. (Section 9)
- Repeals or modifies conflicting laws, decrees, executive orders, rules, or regulations. (Section 10)
- Sets the effectivity of the Decree upon its approval. (Section 11)