CONVERTING BRANCH VIII OF THE COURT OF FIRST INSTANCE OF CEBU AND BRANCH VIII OF THE COURT OF FIRST INSTANCE OF NEGROS OCCIDENTAL INTO JUVENILE AND DOMESTIC RELATIONS COURTS

WHEREAS, the Province of Cebu, excluding the cities of Cebu,
Lapu-Lapu, Danao, Toledo and Mandaue, and the Province of Negros
Occidental, excluding the cities of Bacolod, Silay, San Carlos, La
Carlota, Bago and Cadiz, have a population of 1,758,212 and 1,821,000,
respectively, giving rise to numerous juvenile cases and domestic
problems;

WHEREAS, a Juvenile and Domestic Relations Court is needed
in the Provinces of Cebu and Negros Occidental to exclusively handle and
resolve juvenile cases and domestic problems; and

WHEREAS, Branch VIII of the Court of First Instance of Cebu
and Branch VIII of the Court of First Instance of Negros Occidental have
presently no presiding judges and their conversion into Juvenile and
Domestic Relations Courts 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, 1 972, as amended, do hereby order and
decree:

SECTION 1. The Juvenile and Domestic Relations Courts.
— Branch VIII of the Court of First Instance of Cebu and Branch VIII of
the Court of First Instance of Negros Occidental are hereby converted
into Juvenile and Domestic Relations Courts of the Province of Cebu and
the Province of Negros Occidental, respectively, for which judges who
shall possess the same qualifications, enjoy the same privileges and
receive the same salary as judges of the Court of First Instance, shall
be appointed by the President.

The Juvenile and Domestic Relations Court of the Province of Cebu
shall have exclusive original jurisdiction to hear and decide cases in
the Province of Cebu including the cities of Cebu, Lapu-Lapu, Toledo,
Danao and Mandaue, and the Juvenile and Domestic Relations Court of the
Province of Negros Occidental shall have also exclusive original
jurisdiction to hear and decide cases in the Province of Negros
Occidental including the cities of Bacolod, Silay, San Carlos, La
Carlota, Bago and Cadiz, which are of the following nature:

1. Criminal cases cognizable by the courts of first instance,
   circuit criminal courts, municipal courts and city courts wherein the
   accused is under sixteen (16) years of age at the time of the trial: Provided,
   That city and municipal courts shall exercise concurrent jurisdiction
   over:
   1. Air 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 property of spouses; and
7. Proceedings affecting a dependent or neglected child, as
   hereinafter defined.

The Juvenile and Domestic Relations Courts 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 as an incident in any case pending in the ordinary courts,
said incident shall be determined in the main case.

In case of
the temporary absences, disqualification, or inhibition of the judges,
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 the 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 hearing itself.

SEC.
2. “Dependent” or “Neglected” Child Defined. — The term
“dependent” child or “neglected” child shall mean any child under
sixteen (16) 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,
cruelty or depravity on the part of its parents, guardian or other
person in whose care it 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
“dependent” or “neglected” child may file with the Clerk of Court a
written petition, setting forth the facts constituting the child
“dependent” or “neglected,” which petition shall be verified by the
affidavit of the petitioner. It shall be 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 it 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 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 that 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, its residence, and, as far as possible, the whereabouts of its
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 far 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 in behalf
of the petitioner. It shall be 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 article.

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, it
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 its moral and physical welfare. It may he 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 its 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 it is committed. An institution or individual
receiving such child under the order of the court shall be 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 such institution or individual to care for
the child. The court may change the guardianship of the child, if, at
any time, it is made to appear to the court that such change is to the
best interests 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 its care, protection and maintenance as may be imposed
by the court, so long as it shall be for its best interests, the child
may be permitted to remain in its own home and under the care and
control of its own parent, parents or guardian, subject to the
jurisdiction and direction of the court. When it shall appear that it is
no longer to the best interests of the child to remain with its parents
or guardian, the court may proceed to a final disposition of the case.

In case the child is adjudged to be “dependent” or “neglected” then its
parents or guardian shall thereafter have no right over or to the
custody or services of said child except such condition in the interests
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 Clerks of Court and Subordinate
Employees. — The Juvenile and Domestic Relations Courts shall be
courts of record and shall each 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 court of first instance. The personnel of Branch
VIII of the Court of First Instance of Cebu are hereby transferred to
the Juvenile and Domestic Relations Court for the Province of Cebu and
shall remain in their respective positions and receive their salaries
without need of a new appointment. The most senior among the personnel
herein transferred, if qualified, shall be designated by the Supreme
Court temporarily to act as clerk of court until a permanent one has
been appointed.

SEC. 7. Official Station. — The official
stations of the Juvenile and Domestic Relations Courts for the Province
of Cebu and the Province of Negros Occidental shall be in Cebu City and
Bacolod City, respectively, but they may hold sessions in the cities
within their respective territorial jurisdiction mentioned in Section 1
of this Decree.

SEC. 8. Transitory Provision. — Upon the
organization of the juvenile and Domestic Relations Courts, the Supreme
Court shall cause all cases and proceedings pending before any court
properly cognizable by the courts herein created to be transferred
thereto.

SEC. 9. Appropriations. — The Supreme Court
shall likewise cause to be transferred to the juvenile and Domestic
Relations Court of the Province of Cebu the equipment and supplies and
the unexpended balance of the funds set aside for the salaries of the
Presiding judge and the subordinate personnel and for the operating
expenses of Branch VIII of the Court of First Instance of Cebu.

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 of Negros
Occidental, and of such other personnel as may be necessary for the
Juvenile and Domestic Relations Court of Cebu a well as for the other
incidental expenses of the courts.

The sum needed for the
operation of the Juvenile and Domestic Relations Courts herein created
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.