Republic Act No.

10660
AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, FURTHER
AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby
further amended to read as follows:
SEC. 3. Constitution of the Divisions; Quorum. The Sandiganbayan shall sit in
seven (7) divisions of three (3) members each.
Two (2) members shall constitute a quorum for sessions in divisions: Provided,
That when the required quorum for the particular division cannot be had due to
the legal disqualification or temporary incapacity of a member or a vacancy
therein, the Presiding Justice may designate a member of another division to be
determined by strict rotation on the basis of the reverse order of precedence, to sit
as a special member of said division with all the rights and prerogatives of a
regular member of said division in the trial and determination of a case or cases
assigned thereto.
SEC. 2. Section 4 of the same decree, as amended, is hereby further amended to
read as follows:
SEC. 4. Jurisdiction. The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the AntiGraft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:
(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as Grade 27 and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other provincial
department heads:
(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads;
(c) Officials of the diplomatic service occupying the position of consul and higher;
(d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;
(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent and higher;
(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
(g) Presidents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations.

(2) Members of Congress and officials thereof classified as Grade 27 and higher
under the Compensation and Position Classification Act of 1989;
(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
(4) Chairmen and members of the Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
(5) All other national and local officials classified as Grade 27 and higher under
the Compensation and Position Classification Act of 1989.
b. Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a. of this
section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Provided, That the Regional Trial Court shall have exclusive original jurisdiction
where the information: (a) does not allege any damage to the government or any
bribery; or (b) alleges damage to the government or bribery arising from the same
or closely related transactions or acts in an amount not exceeding One million
pesos (P1,000,000.00).
Subject to the rules promulgated by the Supreme Court, the cases falling under
the jurisdiction of the Regional Trial Court under this section shall be tried in a
judicial region other than where the official holds office.
In cases where none of the accused are occupying positions corresponding to
Salary Grade 27 or higher, as prescribed in the said Republic Act No. 6758, or
military and PNP officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan trial court,
municipal trial court, and municipal circuit trial court, as the case may be,
pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129,
as amended.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial courts whether in the exercise of
their own original jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and may hereafter
promulgate, relative to appeals/petitions for review to the Court of Appeals, shall
apply to appeals and petitions for review filed with the Sandiganbayan. In all cases
elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its special prosecutor, shall represent the
People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.
In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed in
government-owned or controlled corporations, they shall be tried jointly with said
public officers and employees in the proper courts which shall exercise exclusive
jurisdiction over them.

Any provisions of law or Rules of Court to the contrary notwithstanding, the

criminal action and the corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the
criminal action being deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filing of such civil action separately from the
criminal action shall be recognized: Provided, however, That where the civil action
had heretofore been filed separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or
the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned.
SEC. 3. Section 5 of the same decree is hereby amended to read as follows:
SEC. 5. Proceedings, How Conducted; Decision by Majority Vote. All three (3)
members of a division shall deliberate on all matters submitted for judgment,
decision, final order, or resolution.
The concurrence of a majority of the members of a division shall be necessary to
render a judgment, decision, or final order, or to resolve interlocutory or incidental
motions.
SEC. 4. Funding and Appropriations. The amount necessary to carry out the
implementation of this Act shall be charged against the current appropriations of
the Sandiganbayan. Thereafter, such sums as may be needed for its full
implementation shall be included in the annual General Appropriations Act.
SEC. 5. Transitory Provision. This Act shall apply to all cases pending in the
Sandiganbayan over which trial has not begun: Provided, That: (a) Section 2,
amending Section 4 of Presidential Decree No. 1606, as amended, on
Jurisdiction; and (b) Section 3, amending Section 5 of Presidential Decree No.
1606, as amended, on Proceedings, How Conducted; Decision by Majority Vote
shall apply to cases arising from offenses committed after the effectivity of this Act.
SEC. 6. Separability Clause. Should any provision of this Act or part hereof be
declared unconstitutional, the other provisions or parts not affected thereby shall
remain valid and effective.
SEC. 7. Repealing Clause. All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified accordingly.
SEC. 8. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.

Republic Act No. 8249

AN ACT FURTHER DEFINING THE JURISDICTION OF THE
SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL
DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as
amended, is hereby further amended to read as follows:
"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and
Compensation. - A special court, of the same level as the Court of Appeals and
possessing all the inherent powers of a court ofjustice, to be known as the
Sandiganbayan is hereby created composed of a presiding justice and fourteen
associate justices who shall be appointed by the President."
Section 2. Section 2 of the same decree is hereby further amended to read as
follows:
"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall
have its principal office in the Metro Manila area and shall hold sessions thereat
for the trial and determination of cases filed with it: Provided, however, That cases
originating from the principal geographical regions of the country, that is, from
Luzon, Visayas or Mindanao, shall be heard in their respective regions of origin
except only when the greater convenience of the accused and of the witnesses, or
other compelling considerations require the contrary, in which instance a case
originating from one geographical region may be heard in another geographical
region: Provided, further, That for this purpose the presiding justice shall authorize
any divisions of the court to hold sessions at any time and place outside Metro
Manila and, where the interest of justice so requires, outside the territorial
boundaries of the Philippines. The Sandiganbayan may require the services of the
personnel and the use of facilities of the courts or other government offices where
any of the divisions is holding sessions and the personnel of such courts or offices
shall be subject to the orders of the Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.
Section 4. Section 4 of the same decree is hereby further amended to read as
follows:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Antigraft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as Grade '27' and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other provincial
department heads;
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors engineers and other city department heads;
"(c) Officials of the diplomatic service occupying the position of consul and higher;

"(d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;
"(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or
-controlled corporations, state universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and up under
the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without prejudice to
the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher under
the Compensation and Position Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of this
section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to
salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or
military or PNP officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan trial court,
municipal trial court and municipal circuit trial court ' as the case may be,
pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129,
as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the exercise of
their own original jurisdiction orof their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos.
1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and may hereafter
promulgate, relative to appeals/petitions for review to the Court of Appeals, shall
apply to appeals and petitions for review filed with the Sandiganbayan. In all cases
elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its special prosecutor, shall represent the
People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed in

govemment-owned or controlled corporations, they shall be tried jointly with said

public officers and employees in the proper courts which shall exercise exclusive
jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the
criminal action being deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filing of such civil action separately from the
criminal action shall be recognized: Provided, however, That where the civil action
had therefore been filed separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or
the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned."
Section 5. Section 7 of the same decree is hereby further amended to read as
follows:
'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandijanbayan shall contain complete findings of the facts and
the law on which they are based, on all issues properly raised before it and
necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within
fifteen (15) days from promulgation or notice of the final order on judgment, and
such motion for reconsideration shall be decided within thirty (30) days from
submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme
Court by petition for review on certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of Court. Whenever, in any case decided by
the Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death
is imposed, the decision shall be appealable to the Supreme Court in the manner
prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
"Decisions and final orders of other courts in cases cognizable by said courts under
this decree as well as those rendered by them in the exercise of their appellate
jurisdiction shall be appealable to, or be reviewable by, the Sandiganbayan in the
manner provided by Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or the regional trial
court in the proper exercise of their respective jurisdictions, is death, review by
the Supreme Court shall be automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be charged against the current fiscal year
appropriations of the Sandiganbayan. Thereafter, such sums as may be needed for
its continued implementation shall be included in the annual General
Appropriations Act.
Section 7. Transitory Provision. - This Act shall apply to all cases pending in any
court over which trial has not begun as of the approval hereof
Section 8. Separability of Provisions. - If for any reason any provision of this Act is
declared unconstitutional or invalid, such parts or portions not affected thereby
shall remain in full force and effect.

Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Republic Act No. 7691

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL
COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA, BLG. 129,
OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF
1980"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the
"Judiciary Reorganization Act of 1980", is hereby amended to read as follows:
"Sec. 19.
Jurisdiction in civil cases. Regional Trial Courts shall exercise
exclusive original jurisdiction.
"(1) In all civil actions in which the subject of the litigation is incapable of
pecuniary estimation;
"(2) In all civil actions which involve the title to, or possession of, real property,
or any interest therein, where the assessed value of the property involved exceeds
Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where
such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible
entry into and unlawful detainer of lands or buildings, original jurisdiction over
which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts;
"(3) In all actions in admiralty and maritime jurisdiction where the demand or
claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila,
where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);
"(4) In all matters of probate, both testate and intestate, where the gross value of
the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate
matters in Metro Manila, where such gross value exceeds Two Hundred thousand
pesos (P200,000.00);
"(5)

In all actions involving the contract of marriage and marital relations;

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions;
"(7) In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of
Agrarian Relations as now provided by law; and
"(8) In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value of the
property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in
such other cases in Metro Manila, where the demand exclusive of the
abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."
Section 2. Section 32 of the same law is hereby amended to read as follows:
"Sec. 32.
Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in Criminal Cases. Except in cases falling within
the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with

imprisonment not exceeding six (6) years irrespective of the amount of fine, and
regardless of other imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind,
nature, value or amount thereof: Provided, however, That in offenses involving
damage to property through criminal negligence, they shall have exclusive original
jurisdiction thereof."
Section 3. Section 33 of the same law is hereby amended to read as follows:
"Sec. 33.
Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper cases,
where the value of the personal property, estate, or amount of the demand does not
exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such
personal property, estate, or amount of the demand does not exceed Two hundred
thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs shall be included in the determination of the
filing fees: Provided, further, That where there are several claims or causes of
actions between the same or different parties, embodied in the same complaint,
the amount of the demand shall be the totality of the claims in all the causes of
action, irrespective of whether the causes of action arose out of the same or
different transactions;
"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the questions of
ownership in his pleadings and the question of possession cannot be resolved
without deciding the issue of ownership, the issue of ownership shall be resolved
only to determine the issue of possession; and
"(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed value of the
property or interest therein does not exceed Twenty thousand pesos (P20,000.00)
or, in civil actions in Metro Manila, where such assessed value does not exceed
Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs: Provided, That in cases of land not
declared for taxation purposes, the value of such property shall be determined by
the assessed value of the adjacent lots."
Section 4. Section 34 of the same law is hereby amended to read as follows:
"Sec. 34.
Delegated Jurisdiction in Cadastral and Land Registration Cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts may be assigned by the Supreme Court to hear and determine cadastral or
land registration cases covering lots where there is no controversy or opposition,
or contested lots where the value of which does not exceed One hundred thousand
pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant
or by agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in these cases
shall be appealable in the same manner as decisions of the Regional Trial Courts."
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa
Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos
(P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be
adjusted further to Three hundred thousand pesos (P300,000.00): Provided,
however, That in the case of Metro Manila, the abovementioned jurisdictional

amounts shall be adjusted after five (5) years from the effectivity of this Act to Four
hundred thousand pesos (P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act
shall be considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not yet
reached the pre-trial stage. However, by agreement of all the parties, civil cases
cognizable by municipal and metropolitan courts by the provisions of this Act may
be transferred from the Regional Trial Courts to the latter. The executive judge of
the appropriate Regional Trial Courts shall define the administrative procedure of
transferring the cases affected by the redefinition of jurisdiction to the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts.
Section 8. This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in two (2) national newspapers of general circulation.
Approved: March 25, 1994

Republic Act 8369

Family Courts Act of 1997
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
THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the "Family Courts Act 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 'ity 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.