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REPUBLIC ACT NO.

8369
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.

must have the experience and demonstrated


ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing
education program on child and family laws,
procedure and other related disciplines to judges
and personnel of such courts."
Sec. 5. Jurisdiction offamily Courts. - The Family
Courts shall have exclusive original jurisdiction to

Be it enacted by the Senate and House of

hear and decide the following cases:

Representatives of the Philippines in Congress


assembled:

a) Criminal cases where one or more of the


accused is below eighteen (18) years of age but

Section 1. Title. - This Act shall be known as

not less than nine (9) years of age but not less

the "Family Courts Act of 1997".

than nine (9) years of age or where one or more


of the victims is a minor at the time of the

Sec. 2. Statement of National Policies. - The

commission of the offense: Provided, That if the

State shall protect the rights and promote the

minor is found guilty, the court shall promulgate

welfare of children in keeping with the mandate

sentence and ascertain any civil liability which

of the Constitution and the precepts of the United

the accused may have incurred.

Nations Convention on the rights of the Child. The


State shall provide a system of adjudication for

The sentence, however, shall be suspended

youthful offenders which takes into account their

without need of application pursuant to

peculiar circumstances.

Ptesidential Decree No. 603, otherwise known as


the "Child and Youth Welfare Code";

The State recognizes the sanctity of family life

b) Petitions for guardianship, custody of children,

and shall protect and strengthen the family as a

habeas corpus in relation to the latter;

basic autonomous social institution. The courts

c) Petitions for adoption of children and the

shall preserve the solidarity of the family, provide

revocation thereof;

procedures for the reconciliation of spouses and

d) Complaints for annulment of marriage,

the amicable settlement of family controversy.

declaration of nullity of marriage and those


relating to marital status and property relations

Sec. 3. Establishment of Family Courts. - There

of husband and wife or those living together

shall be established a Family Court in every

under different status and agreements, and

province and city in the country. In case where

petitions for dissolution of conjugal partnership

the city is the capital of the province, the Family

of gains;

Court shall be established in the municipality

e) Petitions for support and/or acknowledgment;

which has the highest population.

f) Summary judicial proceedings brought under


the provisions of Executive Order No. 209,

Sec. 4. Qualification and Training of Family Court

otherwise known as the "Family Code of the

Judges. - Sec. 15 of Batas Pambansa Blg. 129, as

Philippines";

amended, is hereby further amended to read as

g) Petitions for declaration of status of children

follows:

as abandoned, dependent o neglected children,

"Sec. 15. (a) Qualification. - No person shall be

petitions for voluntary or involuntary

appointed Regional Trial Judge or Presiding Judge

commitment of children; the suspension,

of the Family Court unless he is a natural-born

termination, or restoration of parental authority

citizen of the Philippines, at least thirty-five (35)

and other cases cognizable under Presidential

years of age, and, for at least ten (10) years, has

Decree No. 603, Executive Order No. 56, (Series

been engaged in the practice of law in the

of 1986), and other related laws;

Philippines or has held a public office in the

h) Petitions for the constitution of the family

Philippines requiring admission to the practice of

home;

law as indispensable requisite.

i) Cases against minors cognizable under the


Dangerous Drugs Act, as amended;

"(b) Training of Family Court Judges. - The

j) Violations of Republic Act No. 7610, otherwise

Presiding Judge, as well as the court personnel of

known as the "Special Protection of Children

the Family Courts, shall undergo training and

Against Child Abuse, Exploitation and

Discrimination Act," as amended by Republic Act

establish to separate the youth offenders from

No. 7658; and

adult criminals: Provided, however, That


alternatives to detention and institutional care

k) Cases of domestic violence against:

shall be made available to the accused including

1) Women - which are acts of gender based

counseling, recognizance, bail, community

violence that results, or are likely to result in

continuum, or diversions from the justice system:

physical, sexual or psychological harm or

Provided, further, That the human rights of the

suffering to women; and other forms of physical

accused are fully respected in a manner

abuse such as battering or threats and coercion

appropriate to their well-being.

which violate a woman's personhood, integrity


and freedom movement; and

Sec. 9. Social Services and Counseling Division. Under the guidance ofthe Department of Social

2) Children - which include the commission of all

Welfare and Development (DSWD), a Social

forms of abuse, neglect, cruelty, exploitation,

Services and Counseling Division (SSCD) shall be

violence, and discrimination and all other

established in each judicial region as the

conditions prejudicial to their development.

Supreme Court shall deem necessary based on


the number of juvenile and family cases existing

If an act constitutes a criminal offense, the

in such jurisdiction. It shall provide appropriate

accused or batterer shall be subject to criminal

social services to all juvenile and family cases

proceedings and the corresponding penalties.

filed with the court and recommend the proper


social action. It shall also develop programs,

If any question involving any of the above

formulate uniform policies and procedures, and

matters should arise as an incident in any case

provide technical supervision and monitoring of

pending in the regular courts, said incident shall

all SSCD in coordination with the judge.

be determined in that court.


Sec. 10. Social Services and Counseling Division
Sec. 6. Use of Income. - All Family Courts shall be

Staff. - The SSCD shall have a staff composed of

allowed the use of ten per cent (10%) of their

qualified social workers and other personnel with

income derived from filing and other court fees

academic preparation in behavioral sciences to

under Rule 141 of the Rules of Court for research

carry out the duties'of conducting intake

and other operating expenses including capital

assessment, social case studies, casework and

outlay: Provided, That this benefit shall likewise

counseling, and othersocial services that may be

be enjoyed by all courts of justice.

needed in connection with cases filed with the


court: Provided, however, That in adoption cases

The Supreme Court shall promulgate the

and in petitions for declaration of abandonment,

necessary guidelines to effectively implement the

the case studies may be prepared by social

provisions of this Sec.

workers of duly licensed child caring or child


placement agencies, or the DSWD. When

Sec. 7. Special Provisional Remedies. - In cases of

warranted, the division shall recommend that the

violence among immediate family members living

court avail itself of consultative services of

in the same domicile or household, the Family

psychiatrists, psychologists, and other qualified

Court may issue a restraining order against the

specialists presently employed in other

accused of defendant upon verified application by

departments of the government in connection

the complainant or the victim for relief from

with its cases.

abuse.
The position of Social Work Adviser shall be
The court may order the temporary custody of

created under the Office of the Court

children in all civil actions for their custody. The

Administrator, who shall monitor and supervise

court may also order support pendente lite,

the SSCD ofthe Regional Trial Court.

including deduction from the salary and use of


conjugal home and other properties in all civil

Sec. 11. Alternative Social Services. - In

actions for support.

accordance with Sec. 17 of this Act, in areas


where no Family Court has been established or no

Sec. 8. Supervision of Youth Detention Homes. -

Regional Trial Court was designated by the

The judge of the Family Court shall have direct

Supreme Court due to the limited number of

control and supervision of the youth detention

cases, the DSWD shall designate and assign

home which the local government unit shall

qualified, trained, and DSWD accredited social

workers of the local government units to handle


juvenile and family cases filed in the designated

Sec. 17. Transitory Provisions. - Pending the

Regional Trial Court of the place.

establishment of such Family Courts, the


Supreme Court shall designate from among the

Sec. 12. Privacy and Confidentiality of

branches ofthe Regional Trial Court at least one

Proceedings. - All hearings and conciliation of the

Family Court in each of the cities of Manila,

child and family cases shall be treated in a

Quezon, Pasay, Caloocan, Makati, Pasig,

manner consistent with the promotion of the

Mandaluyong, Muntinlupa, Laoag, Baguio,

child's and the family's dignity and worth, and

Santiago, Dagupan, Olongapo, Cabanatuan, San

shall respect their privacy at all stages of the

Jose, Angeles, Cavite, Batangas, Lucena, Naga,

proceedings. Records of the cases shall be dealt

Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete,

with utmost confidentiality and the identity of

Tacloban, Cebu, Mandaue, Tagbilaran, Surigao,

parties shall not be divulged

Butuan, Cagayan de Oro, Davao, General Santos,

unless necessary

and with authority of the judge.

Oroquieta, Ozamis,

Dipolog, Zamboanga,

Pagadian, Iligan, and in such other places as the


Sec. 13. Special Rules of Procedure. - The

Supreme Court may deem necessary.

Supreme Court shall promulgate special rules of


procedure for the transfer of cases to the new
courts during the transition period and for the

Additional cases other than those provided in

disposition of family cases with the best interests

Sec. 5 may be assigned to the Family Courts

of the child and the protection of the family as

when their dockets permit: Provided, That such

primary consideration taking into account the

additional cases shall not be heard on the same

United Nations Convention on the Rights of the

day family cases are heard.

Child.
In areas where there are no Family Courts, the
Sec. 14. Appeals. - Decisions and orders of the

cases referred to in Sec. 5 of this Act shall be

court shall be appealed in the same manner and

adjudicated by the Regional Trial Court.

subject to the same conditions as appeals from


the ordinary Regional Trial Courts.

Sec. 18. Separability Clause. - In case any


provision of this Act is declared unconstitutional,

Sec. 15. Appropriations. - The amount necessary

the other provisions shall remain in effect.

to carry out the provisions of this Act shall be


included in the General Appropriations Act of the

Sec. 19. Repealing Clause. - All other laws,

year following in its enactment into law and

decrees, executive orders, rules or regulations

thereafter.

inconsistent herewith are hereby repealed,


amended or modified accordingly.

Sec. 16. Implementing Rules and Regulations. -

Sec. 20. Effectivity. - This Act shall take effect

The Supreme Court, in coordination with the

fifteen (15) days after its publication in at least

DSWD, shall formulate the necessary rules and

two (2) national newspapers of general

regulations for the effective implementation of

circulation.

the social aspects of this Act.

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