Republic of the Philippines
Congress of the Philippines
Metro ManilaTenth Congress
Republic Act No. 8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote the welfare of children in keeping with the mandate of the Constitution and the precepts of the United Nations Convention on the rights of the Child. The State shall provide a system of adjudication for youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. The courts shall preserve the solidarity of the...
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Republic Acts
FAMILY COURTS ACT OF 1997
Republic Act No. 8369
Summary of Republic Act No. 8369 (Family Courts Act of 1997)
Establishment of Family Courts
- Family Courts shall be established in every province and city in the country. (Section 3)
- If the city is the capital of the province, the Family Court shall be established in the municipality with the highest population. (Section 3)
Jurisdiction of Family Courts
- Family Courts shall have exclusive original jurisdiction over the following cases: (Section 5)
- Criminal cases involving accused below 18 years old or victim is a minor. (Section 5a)
- Petitions for guardianship, custody of children, habeas corpus related to children. (Section 5b)
- Petitions for adoption of children and revocation thereof. (Section 5c)
- Complaints for annulment of marriage, declaration of nullity, marital status and property relations. (Section 5d)
- Petitions for support and/or acknowledgment. (Section 5e)
- Summary judicial proceedings under the Family Code of the Philippines. (Section 5f)
- Petitions for declaration of status of children as abandoned, dependent or neglected, and related cases. (Section 5g)
- Petitions for constitution of the family home. (Section 5h)
- Cases against minors under the Dangerous Drugs Act. (Section 5i)
- Violations of the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. (Section 5j)
- Cases of domestic violence against women and children. (Section 5k)
Use of Income
- Family Courts shall be allowed to use 10% of their income from filing and court fees for research and operating expenses. (Section 6)
Special Provisional Remedies
- Family Courts may issue restraining orders against accused in cases of violence among immediate family members. (Section 7)
- Family Courts may order temporary custody of children and support pendente lite in civil actions. (Section 7)
Supervision of Youth Detention Homes
- Family Court judges shall have direct control and supervision of youth detention homes established by local government units. (Section 8)
- Alternatives to detention shall be made available to accused youth offenders. (Section 8)
Social Services and Counseling Division
- A Social Services and Counseling Division shall be established in each judicial region to provide social services to juvenile and family cases. (Section 9)
- The division shall have qualified social workers and personnel to conduct assessments, case studies, counseling, and other services. (Section 10)
- In areas without Family Courts, the DSWD shall assign accredited social workers to handle juvenile and family cases. (Section 11)
Privacy and Confidentiality
- Hearings and proceedings shall respect the privacy and dignity of children and families. (Section 12)
- Records of cases shall be dealt with utmost confidentiality. (Section 12)
Special Rules of Procedure
- The Supreme Court shall promulgate special rules of procedure for the transfer and disposition of family cases. (Section 13)
Appeals
- Decisions and orders of the Family Courts shall be appealed in the same manner as appeals from Regional Trial Courts. (Section 14)
Appropriations
- The necessary amount to implement the Act shall be included in the General Appropriations Act. (Section 15)
Implementing Rules and Regulations
- The Supreme Court, in coordination with the DSWD, shall formulate the necessary rules and regulations for the effective implementation of the social aspects of the Act. (Section 16)
Transitory Provisions
- Pending the establishment of Family Courts, the Supreme Court shall designate at least one Family Court in specified cities and other places deemed necessary. (Section 17)
- In areas without Family Courts, the cases shall be adjudicated by the Regional Trial Court. (Section 17)
Establishment of Family Courts
- Family Courts shall be established in every province and city in the country. (Section 3)
- If the city is the capital of the province, the Family Court shall be established in the municipality with the highest population. (Section 3)
Jurisdiction of Family Courts
- Family Courts shall have exclusive original jurisdiction over the following cases: (Section 5)
- Criminal cases involving accused below 18 years old or victim is a minor. (Section 5a)
- Petitions for guardianship, custody of children, habeas corpus related to children. (Section 5b)
- Petitions for adoption of children and revocation thereof. (Section 5c)
- Complaints for annulment of marriage, declaration of nullity, marital status and property relations. (Section 5d)
- Petitions for support and/or acknowledgment. (Section 5e)
- Summary judicial proceedings under the Family Code of the Philippines. (Section 5f)
- Petitions for declaration of status of children as abandoned, dependent or neglected, and related cases. (Section 5g)
- Petitions for constitution of the family home. (Section 5h)
- Cases against minors under the Dangerous Drugs Act. (Section 5i)
- Violations of the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. (Section 5j)
- Cases of domestic violence against women and children. (Section 5k)
Use of Income
- Family Courts shall be allowed to use 10% of their income from filing and court fees for research and operating expenses. (Section 6)
Special Provisional Remedies
- Family Courts may issue restraining orders against accused in cases of violence among immediate family members. (Section 7)
- Family Courts may order temporary custody of children and support pendente lite in civil actions. (Section 7)
Supervision of Youth Detention Homes
- Family Court judges shall have direct control and supervision of youth detention homes established by local government units. (Section 8)
- Alternatives to detention shall be made available to accused youth offenders. (Section 8)
Social Services and Counseling Division
- A Social Services and Counseling Division shall be established in each judicial region to provide social services to juvenile and family cases. (Section 9)
- The division shall have qualified social workers and personnel to conduct assessments, case studies, counseling, and other services. (Section 10)
- In areas without Family Courts, the DSWD shall assign accredited social workers to handle juvenile and family cases. (Section 11)
Privacy and Confidentiality
- Hearings and proceedings shall respect the privacy and dignity of children and families. (Section 12)
- Records of cases shall be dealt with utmost confidentiality. (Section 12)
Special Rules of Procedure
- The Supreme Court shall promulgate special rules of procedure for the transfer and disposition of family cases. (Section 13)
Appeals
- Decisions and orders of the Family Courts shall be appealed in the same manner as appeals from Regional Trial Courts. (Section 14)
Appropriations
- The necessary amount to implement the Act shall be included in the General Appropriations Act. (Section 15)
Implementing Rules and Regulations
- The Supreme Court, in coordination with the DSWD, shall formulate the necessary rules and regulations for the effective implementation of the social aspects of the Act. (Section 16)
Transitory Provisions
- Pending the establishment of Family Courts, the Supreme Court shall designate at least one Family Court in specified cities and other places deemed necessary. (Section 17)
- In areas without Family Courts, the cases shall be adjudicated by the Regional Trial Court. (Section 17)