CONVERTING BRANCH XII OF THE COURT OF FIRST INSTANCE OF LEYTE INTO A JUVENILE AND DOMESTIC RELATIONS COURT

WHEREAS, the Provinces of Leyte and Southern Leyte,
including the cities of Tacloban and Ormoc, have a total population of
1,523,145 giving rise to numerous juvenile cases and domestic problems;

WHEREAS, a Juvenile and Domestic Relations Court is needed
in the aforementioned provinces and cities to exclusively handle and
resolve juvenile cases and domestic problems; and

WHEREAS, Branch XII of the Court of First Instance of Leyte
with station at Tacloban City is still unorganized and its conversion
into a Juvenile and Domestic Relations Court will not adversely affect
the administration of justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and General
Order No. 1, dated September 22, 1972, as amended, do hereby order and
decree:

SECTION 1. The Juvenile and Domestic Relations Court.
— Branch XII of the Court of First Instance of Leyte is hereby
converted into a Juvenile and Domestic Relations Court of the Provinces
of Leyte and Southern Leyte, including the Cities of Tacloban and Ormoc,
for which a judge who shall possess the same qualifications, enjoy the
same privileges and receive the same salary as judges of the Court of
First Instance, shall he appointed by the President.

The Juvenile and Domestic Relations Court shall have exclusive
original jurisdiction to hear and decide cases in the Provinces of Leyte
and Southern Leyte, including the Cities of Tacloban and Ormoc which
are of the following nature:

1. Criminal cases cognizable by the courts of first instance,
   circuit criminal court, municipal courts and city wherein the accused is
   under sixteen years of age at the time of the trial: Provided,
   That city and municipal courts shall exercise concurrent jurisdiction
   over:
   1. All violations of municipal or city ordinances
      committed within their respective territorial jurisdictions;
   2. Malicious mischief, concealment of deadly weapons and
      all criminal cases arising under the laws relating to gambling;

2. Cases involving custody, guardianship, adoption, paternity
   and acknowledgment: Provided, That city and municipal courts
   shall continue to exercise the jurisdiction to appoint guardians
   conferred upon them by Section 86(c) of the Judiciary Act;
3. Annulment of marriages, legal separation of spouses and
   action for support;
4. Proceedings brought under the provisions of Articles one
   hundred sixteen, two hundred twenty-five, two hundred fifty-two and
   three hundred thirty-two of the Civil Code;
5. Petitions for the declaration of absence and for the change
   of name;
6. Actions for the separation of properly of spouses;
7. Proceedings affecting a dependent or neglected child, as
   hereinafter defined.

The Juvenile and Domestic Relations Court shall likewise have such
incidental powers as are generally possessed by courts of first
instance.

If any question involving any of the above matters should arise case
pending in the ordinary courts, said incident shall be determined in
any main case.

In case of the temporary absence,
disqualification, or inhibition of the judge, the Supreme Court may
designate a Judge of the Court of First Instance to act in the court or
on a particular case in accordance with the procedures provided for
under this Decree. Such designation may also be made under the
conditions provided in the first paragraph of Section fifty-one of the
Judiciary Act.

For the more economical and expeditious
disposition of cases pending before it, the court shall have the
authority to designate any judge of-an inferior court within its
jurisdiction to act as a commissioner for the purpose of receiving
evidence in the city or municipality wherein he is stationed. Such
commissioner shall proceed to receive evidence without delay and shall
submit to the court a full report of the proceedings under him within
twenty (20) days after the termination of said proceedings. The court
shall have discretion either to render a decision on the basis of the
commissioner’s report thus submitted, or require the commissioner to
receive further evidence, or conduct further hearings itself.

SEC.
2. “Dependent” or “Neglected” Child Defined. — The term
“dependent” child or “neglected” child shall mean any child under
sixteen years of age who is dependent upon the public for support or who
is destitute, homeless or abandoned; or who habitually begs or receives
alms, or who is found living in any house of ill fame or with any
vicious or disreputable person, or whose home, by reason of neglect,
cruelly or depravity on the part of his parents, guardian or oilier
person in whose care lie may be, is an unfit place for such child.

SEC. 3. Proceedings Concerning a “Dependent” or
“Neglected” Child. Any representative of the Secretary of the
Department of Social Welfare who is assigned in the province or city,
having knowledge of a child in the province or city who appears to be a
“dependent” or “neglected” child may file with the clerk of court a
written petition, setting forth the facts constituting the child as
“dependent” or “neglected,” which petition shall be verified by the
affidavit of the petitioner. It shall he sufficient if the affidavit
shall be upon information and belief. Such petition shall set forth the
name of the parent or parents of such child, if known, and their
residence; and if such child has no parent living, then the name and
residence of the guardian of such child, if he has one.

Upon the filing of such petition, the judge of the court shall
fix the day and time for the hearing of such petition. If it appears
that one or both of such parents, or guardian, if there be no parents,
reside in the province, the clerk of said court shall immediately issue
summons, which shall include a copy of the petition, and which shall be
served on such parent, parents, or guardian, if any, if either can be
found in the province or city, not less than two (2) days before the
time fixed for the said hearing, requiring them to appear on said day
and hour to show cause, if any, why such child should not be declared by
said court to be a “dependent” or “neglected” child. If it appears from
the petition that neither of said parents is living, or do not reside
in the province or city and Unit said child has no guardian residing in
said province, or in case one or both of said parents, or the guardian
in case there be no parents, shall indorse on said petition a request
that the child be declared a “dependent” child, then the summons herein
provided for shall not be issued; and the court may thereupon proceed to
a hearing of the case. In case neither of the parents or guardian is
found, then the court shall appoint some suitable person to represent
said child in said case.

Upon the hearing of such case the child
shall be brought before said court; whereupon, the court shall
investigate the facts, and ascertain whether the child is a “dependent”
child, his residence, and, us far as possible, the whereabouts of his
parents or near adult relatives, when and how long the child has been
maintained in whole or in part, by private or public charity, the
occupation of the parents, if living, whether they are supported by the
public or have abandoned the child, and to ascertain as fur as possible,
if the child is found dependent, the cause thereof. The court may
compel the attendance of witnesses on such examination. The fiscal, when
directed by the court, shall appear in any such examination on behalf
of the petitioner. It shall he the duty of the fiscal, upon direction of
the court or any petitioner to file a petition and to conduct any
necessary proceedings in any case within the provisions of this Section.

In hearing the case, the court shall not be bound to follow the
technical rules of evidence. If the said child shall be found after such
hearing to be a “dependent” or “neglected” child as defined herein, he
shall be adjudged a “dependent” child, and an order may be entered
making such disposition of the care and custody of said child as the
court deems best for his moral and physical welfare, lie may be turned
over to the care and custody of any suitable person or any suitable
institution in the city or province organized for the purpose of caring
for “dependent” children, and which is able and willing to care for
same. If there be no such person or suitable institution, the child
shall be referred to the Department of Social Welfare. And when such
child is so turned over to the custody of such person or institution,
such person or institution shall have the right to the custody of said
child and shall be responsible for his education and maintenance,
subject at all times to the order of the court.

In case the court
shall award a “dependent” or “neglected” child to the care of an
individual or institution, the child, unless otherwise ordered, shall
become a ward and be subject to the guardianship of the institution or
individual to whose care he is committed. An institution or individual
receiving such child under the order of the court shall he subject to
visitation or inspection by any person appointed by the court for such
purpose and the court may, at any time, require from the institution or
person a report containing such information as the court shall deem
proper or necessary, to be fully advised as to the care, education,
maintenance and moral and physical training of the child, as well as to
the standing and ability of each institution or individual to care for
the child. The court may change the guardianship of the child, if, at
any lime, it is made to appear to the court that such change is to the
best interest of the child. If, in the opinion of the court, the causes
of the dependency of any child may be removed under such conditions or
supervision for his care, protection and maintenance as may be imposed
by the court, so long as it shall be for his best interests, the child
may he permitted to remain in his own home and under the care and
control of his own parent, parents or guardian, subject to the
jurisdiction and direction of the court. When it shall appear dial it is
no longer to the best interests of the child to remain with his parents
or guardian, the court may proceed to a final disposition of the case.

In case the child is adjusted to be “dependent” or “neglected” then his
parents or guardian shall thereafter have no right over or to the
custody or services of said child except such conditions in the interest
of such child as the court may impose, or where, upon proper
proceedings, such child may lawfully be restored to the parents or
guardian.

SEC. 4. Proceedings in Other Cases. — In
the hearing and disposition of cases other than that covered by the
preceding Section, the court shall be governed by the Rules of Court and
the law properly applicable in each particular case.

In cases
between husband and wife, and between parent and child, however, the
hearings may be held, upon petition of any party, in chamber or with the
exclusion of the public. All information obtained at such hearings
shall be deemed privileged and confidential and shall not be divulged
without approval of the court.

SEC. 5. Appeal from
Decision and Order 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 courts of first instance.

SEC. 6. The 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 such subordinate employees as may be
necessary who shall be appointed in the same manner and shall receive
the same compensation as similar officials and employees of the courts
of first instance.

SEC. 7. Official Station. — The official station
of the Juvenile and Domestic Relations Court shall be in Tacloban City.

SEC. 8. Transitory Provisions. — Upon the
organization of the Juvenile and Domestic Relations Court, the Supreme
Court shall cause all cases and proceedings pending before any court
properly cognizable by the Juvenile and Domestic Relations Court to be
transferred thereto.

SEC. 9. Appropriations. — The sum of one hundred
fifty thousand pesos (P150,000) or so much thereof as may be necessary
is hereby authorized to be set aside and released from the
appropriations for the operation of the courts of first instance as
provided for in the General Appropriations Decree for the current fiscal
year, for the salary and emoluments of the judge and personnel of the
Juvenile and Domestic Relations Court, as well as for other incidental
expenses of the court.

The sum needed for the operation of Juvenile and Domestic
Relations Court in subsequent years shall be included in the General
Appropriations Decree.

SEC. 10. Repealing Clause. —
Any provision of law, decree, executive order, rule or regulation in
conflict with, or contrary to this Decree, is hereby repealed or
modified accordingly.

SEC. 11. Effectivity. — This
Decree is hereby made a part of the laws of the land and shall take
effect upon its approval.

Done in the City of Manila, this 15th
day of March, in the year of Our Lord, nineteen hundred and
seventy-four.