ADMINISTRATIVE CIRCULAR NO. 71-2006, September 07, 2006
DESIGNATION OF A FOCAL PERSON AND AN ASSISTANT FOCAL PERSON FOR DESIGNATED FAMILY COURTS AND OTHER REGIONAL TRIAL COURTS HANDLING FAMILY AND YOUTH CASES
WHEREAS, Republic Act No. 8369,
otherwise known as the Family Courts Act of 1997, requires the Supreme
Court to establish Family Courts in the Philippines and provide the
necessary mechanisms for the effective and efficient operation of such
courts;
WHEREAS, pursuant to this mandate
and the transitory provisions of the Family Courts Act of 1997, the
Supreme Court,’in A.M. No. 99-11-07-SC, designated certain Regional
Trial Courts in the Philippines as special courts to exclusively try and
decide family and youth cases enumerated and described in Section 5 of
the said Act, pending the establishment of regular Family Courts;
WHEREAS, the number of these
temporarily designated Family Courts has steadily increased from
sixty-nine (69) in 2000 to ninety-four (94) in May 2C06. with an average
docket of 444 per .month; in addition, there are approximately one
hundred thirty four (134) Regional Trial Courts handling family and
youth cases in areas where no courts have been designated as Family
Courts;
WHEREAS, the current docket
overload in designated Family Courts can be traced primarily to two
principal causes, namely: a) the increase in rights, duties and
obligations due to the enactment of new laws such as Republic Act No.
8552 or the new Domestic Adoption Act of 1998; Republic Act No. 9262,
otherwise known as Anti-Violence Against Women and Children Act of 2004;
and Republic Act No. 9344 or the Juvenile Justice and Welfare Act of
2006; and the promulgation by the Supreme Court of Rules of Procedure
before the Family Courts such as the Rules on Examination of a Child
Witness, Juveniles in Conflict With the Law, Nullity of Void Marriages,
Annulment of Voidable Marriages, Legal Separation, Adoption, Voluntary
and Involuntary Commitment of Children, Custody and Habeas Corpus in
relation to Minors, Guardianship of Minors, and Anti-Violence Against
Women and Children, and, b) the lack of a specific
specialized philosophy and policy in the management and supervision of Family Courts.
WHEREAS, Republic Act No. 9344 or
the Juvenile Justice and Welfare Act which took effect on May 20, 2006
established a comprehensive Juvenile Justice and Welfare System to be
implemented by a Juvenile Justice and Welfare Council (JJWC) which shall
ensure full implementation of the law and oversee the coordination
among different government agencies and non-government child
institutions or organizations. Significantly, the law requires the JJWC
to coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and
the proper discharge of its duties and functions;
WHEREAS, to respond to the legal
mandate of the Family Courts Act of 1997 and the Juvenile Justice and
Welfare Act and address specifically the increasing needs and special
concerns of our Family Courts in the effective implementation of all
laws and rules involving family and children, it is necessary that a
Focal Person for Family Courts be designated to design and develop
policies, standards and strategies for the Family Courts, work for the
regularization of these courts and assist the Office of the Court
Administrator in the effective and specialized management and
supervision thereof.
The FOCAL PERSON will:
(a) handle the administrative supervision of all
courts handling family and youth cases in coordination with the Office
of the Court Administrator;
(b) propose and, in coordination with and through
the Office of the Court Administrator, establish definite policies and
standards for the internal operations of Family Courts to ensure that
these are implemented effectively, efficiently and economically;
(c) recommend to the Supreme Court, in coordination
with and through the Office of the Court Administrator, rules and
regulations for the management and operations of Family Courts and
direct the implementation of said rules and regulations;
(d) with the Office of the Court Administrator,
assist the Supreme Court in the exercise of administrative disciplinary
authority over Family Court judges and personnel in accordance with
existing rules and regulations;
(e) conduct liaison and coordination activities with Executive and Legislative Departments concerning Family Courts; and
(f) exercise such other functions and duties as may
be assigned by the Supreme Court to carry out the provisions of the
Family Courts Act of 1997.
An Assistant Focal Person shall be designated to assist the Focal Person:
(a) in the development of policies, rules and regulations for Family Courts;
(b) whenever necessary, in liaisoning and
coordinating with the Executive and Legislative Departments and other
government or non-government agencies in all matters concerning Family
Courts;
The Focal Person and the Assistant Focal Person
shall prepare (1) an operations manual for Family Court judges and
personnel in accordance with Republic Act No. 8369 incorporating
therein, whenever appropriate and feasible, ‘”best practices” of Family
Courts in other jurisdictions; and (2) a medium-term plan for the
operations and regularization of Family Courts, to be submitted to the
Supreme Court not later than July 25, 2007;
NOW, THEREFORE, in the interest of
expeditious, effective and efficient administration of justice in Family
Courts, the Court hereby designates, effective immediately, Deputy Court Administrator ZENAIDA N. ELEPANO as Focal Person for Family Courts and JUDGE ROSALINA L. PIZON, Presiding Judge, Branch 107, Quezon City as Assistant Focal Person.
Issued this 7th day of September 2006.
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(Sgd)ARTEMIO V. PANGANIBAN
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Chief Justice
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Office of the Chief Justice |
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