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.
Be

it

Section

enacted
1.

by
Title.

the

Senate

This

and
Act

House
shall

of
be

Representatives
known

as

of

the
the

Philippines
"Family

in

Courts

Congress
Act

assembled:
of

1997".

Sec. 2. 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.
Sec. 3. 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.
Sec. 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa Blg. 129, as amended, is hereby further
amended to read as follows:

"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.
"(b) 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."
Sec. 5. Jurisdiction offamily 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 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 Ptesidential 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.
Sec. 6. 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.

Sec. 7. Special Provisional Remedies. - In cases of violence among immediate family members living in the same domicile or household,
the Family Court may issue a restraining order against the accused of defendant upon verified application by the complainant or the
victim
for
relief
from
abuse.
The court may order the temporary custody of children in all civil actions for their custody. 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.
Sec. 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have direct control and supervision of the youth
detention home which the local government unit shall establish to separate the youth offenders from adult criminals: Provided,
however, That alternatives to detention and institutional care shall be made available to the accused including counseling,
recognizance, bail, community continuum, or diversions from the justice system: Provided, further, That the human rights of the
accused
are
fully
respected
in
a
manner
appropriate
to
their
well-being.
Sec. 9. Social Services and Counseling Division. - Under the guidance ofthe Department of Social Welfare and Development (DSWD), a
Social Services and Counseling Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem necessary
based on the number of juvenile and family cases existing in such jurisdiction. It shall provide appropriate social services to all
juvenile and family cases filed with the court and recommend the proper social action. It shall also develop programs, formulate
uniform policies and procedures, and provide technical supervision and monitoring of all SSCD in coordination with the judge.
Sec. 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff composed of qualified social workers and other
personnel with academic preparation in behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in connection with cases filed with the court: Provided,
however, That in adoption cases and in petitions for declaration of abandonment, the case studies may be prepared by social workers
of duly licensed child caring or child placement agencies, or the DSWD. When warranted, the division shall recommend that the court
avail itself of consultative services of psychiatrists, psychologists, and other qualified specialists presently employed in other
departments
of
the
government
in
connection
with
its
cases.
The position of Social Work Adviser shall be created under the Office of the Court Administrator, who shall monitor and supervise the
SSCD
ofthe
Regional
Trial
Court.
Sec. 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas where no Family Court has been established or
no Regional Trial Court was designated by the Supreme Court due to the limited number of cases, the DSWD shall designate and

assign qualified, trained, and DSWD accredited social workers of the local government units to handle juvenile and family cases filed
in
the
designated
Regional
Trial
Court
of
the
place.
Sec. 12. 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.
Sec. 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of procedure for the transfer of cases to the
new courts during the transition period and for the disposition of family cases with the best interests of the child and the protection
of the family as primary consideration taking into account the United Nations Convention on the Rights of the Child.
Sec. 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as
appeals
from
the
ordinary
Regional
Trial
Courts.
Sec. 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations
Act
of
the
year
following
in
its
enactment
into
law
and
thereafter.
Sec. 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with the DSWD, shall formulate the necessary
rules
and
regulations
for
the
effective
implementation
of
the
social
aspects
of
this
Act.
Sec. 17. Transitory Provisions. - Pending the establishment of such Family Courts, the Supreme Court shall designate from among the
branches ofthe Regional Trial Court at least one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena,
Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as the Supreme Court
may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts when their dockets permit: Provided, That
such
additional
cases
shall
not
be
heard
on
the
same
day
family
cases
are
heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be adjudicated by the Regional Trial Court.

Sec. 18. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions shall remain in
effect.
Sec. 19. Repealing Clause. - All other laws, decrees, executive orders, rules or regulations inconsistent herewith are hereby repealed,
amended or modified accordingly.
Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general
circulation.
Approved October 28, 1997.