Article 90p. 90

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

prior to trial or entry of a plea of guilty shall constitute a

waiver of the right to dismissal under this section.

Section 14. Sanctions . - In any case in which counsel

for

the

accused,

the public prosecution or public

attorney:

(a) knowingly allows the case to be set for trial without

disclosing the fact that a necessary witness would be

unavailable for trial;

(b) files a motion solely for the purpose of delay which

he/she knows is totally frivolous and without merit;

(c) makes a statement for the purpose of obtaining

continuance which he/she knows to be false and which

is material to the granting of a continuance; or

(d) otherwise willfully fails to proceed to trial without

justification consistent with the provisions of this Act,

the court may, without prejudice to any appropriate

criminal and/or administrative charges to be instituted

by the proper party against the erring counsel if and

when warranted, punish any such counsel or attorney,

as follows:

(1)

in

the

case

of a counsel privately retained in

connection

with

the

defense

of

an

accused,

by

imposing a fine not exceeding; fifty percent (50%) of the

compensation to which he/she is entitled in connection

with his/her defense of the accused;

(2) by imposing on any appointed counsel de officio or

public prosecutor a fine not exceeding Ten thousand

pesos (10,000.00); and

(3) by denying any defense counsel or public prosecutor

the right to practice before the court considering the

case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section

shall be in addition to any other authority or power

available

to

the

court.

The

court shall follow the

procedures

established

in

the

Rules

of

Court

in

punishing any counsel or public prosecutor pursuant to

this section.

Section 15. Rules and Regulations . - The Supreme

Court

shall

promulgate

rules,

regulations,

administrative orders and circulars which shall seek to

accelerate the disposition of criminal cases. The rules,

regulations,

administrative

orders

and

circulars

formulated shall provide sanctions against justices and

judges who willfully fail to proceed to trial without

justification consistent with the provisions of this Act.

Section 16. Funding . - For the effective implementation

of the rules, regulations, administrative orders and

circulars promulgated under this Act, the amount of

Twenty million pesos (P20,000,000.00) annually shall be

appropriated from the allocation of the Supreme Court

under the General Appropriations Act. Thereafter, such

additional

amounts

as

may

be

necessary

for

its

continued implementation shall be included in the

annual General Appropriations Act.

Section 17. Act Not a Bar to Speedy Trial Claim Under

the Constitution . - No provision of this Act shall be

interpreted as a bar to any claim of denial of speedy trial

as required by Article III, Section 14(2) of the 1987

Constitution.

Section 18. Repealing Clause . - All laws, presidential

decrees, executive orders, rules and regulations or parts

thereof inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

Section 19. Separability Clause . - In case any provision

of

this Act is declared unconstitutional, the other

provisions shall remain in effect.

Section 20. Effectivity . - This Act shall take effect after

fifteen (15) days following its publication in the Official

Gazette or in any newspaper of general circulation:

Provided, That Section 7 of this Act shall become

effective after the expiration of the aforementioned

third-calendar-month period provided in Section 9 of

this Act.

Approved : February 12, 1998

RA No 8369 | Family Courts Act of 1997

October 28, 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 ACT OF 1980, APPROPRIATING FUNDS

THEREFOR AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Title . - This Act shall be known as the "Family

Courts Act of 1997".

Section 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.

Section 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.

Section 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."

Section 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;

© Compiled By RGL

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