Article 91p. 91

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section

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.

Section 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.

Section 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.

Section 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.

Section 16. Implementing Rules and Regulations . -

The Supreme Court, in coordination with the DSWD,

shall formulate the necessary rules and regulations for

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