RA 8369 Report

Republic Act No.
8369
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE
ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
(Family Courts Act of 1997)

Statement of National
Policies.
 The State shall protect the rights and promote the
welfare of children in keeping with the mandate
of the Constitution and the precepts of the United
Nations Convention on the rights of the Child. The
State shall provide a system of adjudication for
youthful offenders which takes into account their
peculiar circumstances.
 The State recognizes the sanctity of family life
and shall protect and strengthen the family as a
basic autonomous social institution. The courts
shall preserve the solidarity of the family, provide
procedures for the reconciliation of spouses and
the amicable settlement of family controversy.
Establishment of Family
Courts.
 There shall be established a Family Court in every
province and city in the country. In case where the city
is the capital of the province, the Family Court shall be
established in the municipality which has the highest
population.
Qualification and Training of Family Court Judges
 Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless
 he is a natural-born citizen of the Philippines

 at least thirty-five (35) years of age
 and, for at least ten (10) years, has been engaged in the
practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the
practice of law as indispensable requisite
 Training of Family Court Judges. - The Presiding Judge, as
well as the court personnel of the Family Courts, shall
undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
 "The Supreme Court shall provide a continuing education
program on child and family laws, procedure and other
related disciplines to judges and personnel of such courts."
Jurisdiction of family Courts.
 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 or
where 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. 603, otherwise
known as the "Child and Youth Welfare Code";
 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

o 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;
 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:
 1) Women - which are acts of gender based violence that
results, or are 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
movement; and
 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.
Use of Income
 All Family Courts shall be allowed the use of ten per cent (10%) of their
income derived from filing and other court fees under Rule 141 of the
Rules of Court for research and other operating expenses including capital
outlay: Provided, That this benefit shall likewise be enjoyed by all courts
of justice.
 The Supreme Court shall promulgate the necessary guidelines to

effectively implement the provisions of this Sec.
Special Provisional Remedies.
1. Restraining Order Against the accused
 In cases of violence among immediate family
members living in the same domicile or household
 Upon verified application by the complainant or the victim
for relief from abuse.
2. The court may order the temporary custody
of children in all civil actions for their
custody.
3. The court may also order support pendente
lite, including deduction from the salary
and use of conjugal home and other
properties in all civil actions for support.
Privacy and Confidentiality of
Proceedings.
 All hearings and conciliation of the child
and family cases shall be treated in a
manner consistent with the promotion of
the child's and the family's dignity and
worth, and shall respect their privacy at
all stages of the proceedings. Records of
the cases shall be dealt with utmost
confidentiality and the identity of parties
shall not be divulged unless necessary and
with authority of the judge.
Case:
Thornton vs Thornton
 FACTS:
 Petitioner was an American, and respondent was a Filipino, they were married. One
day, the woman left the family home, together with their daughter without
notifying the husband. She told the servants that she was bringing Sequiera to Purok
Marikit, Sta. Clara, Lamitan, Basilan Province.
 Petitioner filed a petition for habeas corpus in the designated Family Court in
Makati City but this was dismissed, presumably because of the allegation that the
child was in Basilan. the Court of Appeals which could issue a writ of habeas corpus
enforceable in the entire country.
 However, the petition was denied by the Court of Appeals on the ground that it did
not have jurisdiction over the case. It ruled that since RA 8369 (The Family Courts
Act of 1997) gave family courts exclusive original jurisdiction over petitions for
habeas corpus, it impliedly repealed RA 7902 (An Act Expanding the Jurisdiction of
the Court of Appeals) and Batas Pambansa 129 (The Judiciary Reorganization Act of
1980).
ISSUE:
Whether the CA has jurisdiction
to issue writs of habeas corpus
involving custody of minors in
the light of provision of RA 8369
giving family courts exclusive
original jurisdiction over such
petitions?
HELD:
 Yes. The Court of Appeals should take
cognizance of the case since there is nothing
in RA 8369 that revoked its jurisdiction to
issue writs of habeas corpus involving the
custody of minors. We disagree with the CAs
reasoning because it will result in an
iniquitous situation, leaving individuals like
petitioner without legal recourse in
obtaining custody of their children.

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Republic Act No.

(Family Courts Act of 1997)

 he is a natural-born citizen of the Philippines

 a) Criminal cases where one or more of the accused is below

 The sentence, however, shall be suspended without need of

 b) Petitions for guardianship, custody of children, habeas corpus in

 c) Petitions for adoption of children and the revocation thereof;

 e) Petitions for support and/or acknowledgment;

 f) Summary judicial proceedings brought under the provisions of Executive

 g) Petitions for declaration of status of children as abandoned, dependent

 i) Cases against minors cognizable under the Dangerous Drugs Act, as

 j) Violations of Republic Act No. 7610, otherwise known as the "Special

 The Supreme Court shall promulgate the necessary guidelines to

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