Twenty-five years after the 10th Congress passed Republic Act 8369, the people of Catanduanes will finally be able to avail of the services of a Family Court, which has exclusive original jurisdiction over child and family cases.
Last week, the Regional Trial Court here sent a copy of an announcement issued June 23, 2022 by the Judicial and Bar Council (JBC) regarding the opening of judgeship positions, including that of Branch 9 – Family Court in Virac.
Through the Family Courts, the State provides a system of adjudication for youthful offenders by taking into account their peculiar circumstances.
The courts are also mandated to preserve the solidarity of the family, provide procedures for the reconciliation of spouses and the amicable settlement of family controversy.
Section 5 of RA 8369 states that the Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
- a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense.
- b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
- c) Petitions for adoption of children and the revocation thereof;
- d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains;
- e) Petitions for support and/or acknowledgment;
- f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the “Family Code of the Philippines”;
- g) Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases;
- h) Petitions for the constitution of the family home;
- i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
- j) Violations of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” as amended by Republic Act No. 7658; and
- k) Cases of domestic violence against women and children
In cases of violence among immediate family members living in the same domicile or household, the Family Court may issue a restraining order against the accused or defendant.
The court may order the temporary custody of children in all civil actions as well as order support for them while the case is being heard.
In addition, the judge of the Family Court shall have direct control and supervision of the youth detention home which the local government unit shall establish to separate the youth offenders from adult criminals.
Not only would the Family Court help unclog the dockets of the two RTC courts but the hearing of cases involving Children In Conflict with the Law (CICL) by a separate court would go a long way to ensuring the protection of the rights and promotion of the welfare of children.