file:familycourts.htm

Benchbook

Outline of Jurisdiction

JOJO
JOJO
2
0
2002-01-09T05:43:00Z
2002-01-09T05:43:00Z
1
395
2257
SUPREME COURT
18
4
2771
9.2720

90

5.  FAMILY COURTS

A. Exclusive and Original

1. 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, when one or more of the victims is a minor at the time of the commission
of the offense: Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil liability which the accused
may have incurred. The sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 903, otherwise known as the
"Child and Youth Welfare Code";

2. Petitions for guardianship, custody of
children, habeas corpus in relation to the latter;

3. Petitions for adoption of children and the
revocation thereof;

4. 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;

5. Petitions for support and/or acknowledgment;

6. Summary judicial proceedings brought under
the provisions of Executive Order No. 209, otherwise known as the "Family
Code of the Philippines";

7. 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 cognizable under Presidential
Decree No. 603, Executive Order No. 56 (Series of 1986) and other related laws;

8. Petitions for the constitution of the family
home;

9. Cases against minors cognizable under the
Dangerous Drugs Act, as amended;

10. Violations of Republic Act No. 7160,
otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act", as amended by Republic Act
No. 7658, and

11. Cases of domestic violence against:

11.1 Women – which are acts of gender-based
violence that result, or likely to result in physical, sexual or psychological
harm or suffering to women; and other forms of physical abuse such as battering
or threats and coercion which violate a woman’s personhood, integrity and
freedom of movement; and

11.2 Children – which include the commission of
all forms of abuse, neglect, cruelty, exploitation, violence and discrimination
and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the
accused or batterer shall be subject to criminal proceedings and the
corresponding penalties.

If any question involving any of the above
matters should arise as an incident in any case pending in the regular courts,
said incident shall be determined in that court.