LAWS FOR FAMILY

[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 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. – Section 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 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 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.

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 of the 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 other social
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 of the 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.

REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR
CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Title. – This Act shall be known as the “Solo Parents’ Welfare Act of 2000.”

Section 2. Declaration of Policy. – It is the policy of the State to promote the family as the foundation of
the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a
comprehensive program of services for solo parents and their children to be carried out by the Department
of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of
Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the
Commission on Higher Education (CHED), the Technical Education and Skills Development Authority
(TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and
other related government and nongovernment agencies.

Section 3. Definition of Terms. – Whenever used in this Act, the following terms shall mean as follows:

(a) “Solo parent” – any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final
conviction of the offender: Provided, That the mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity
of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto
separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the
children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment
of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the
children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least
one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having
others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no
longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

(b) “Children” – refer to those living with and dependent upon the solo parent for support who are
unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years
but are incapable of self-support because of mental and/or physical defect/disability.

(c) “Parental responsibility” – with respect to their minor children shall refer to the rights and duties of
the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the
“Family Code of the Philippines.”

(d) “Parental leave” – shall mean leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical presence is required.

(e) “Flexible work schedule” – is the right granted to a solo parent employee to vary his/her arrival and
departure time without affecting the core work hours as defined by the employer.

Section 4. Criteria for Support. – Any solo parent whose income in the place of domicile falls below the
poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the
assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any
solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7
and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. – A

comprehensive package of social development and welfare services for solo parents and their families will
be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local
government units and a nongovernmental organization with proven track record in providing services for
solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of
social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management,
value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the
resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the
solo parent on early childhood development, behavior management, health care, rights and duties of
parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to
assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal
assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

Section 6. Flexible Work Schedule. – The employer shall provide for a flexible working schedule for solo
parents: Provided, That the same shall not affect individual and company productivity: Provided, further,
That any employer may request exemption from the above requirements from the DOLE on certain
meritorious grounds.

Section 7. Work Discrimination. – No employer shall discriminate against any solo parent employee with
respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. – In addition to leave privileges under existing laws, parental leave of not
more than seven (7) working days every year shall be granted to any solo parent employee who has
rendered service of at least one (1) year.

Section 9. Educational Benefits. – The DECS, CHED and TESDA shall provide the following benefits and
privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and
technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this
program.

Section 10. Housing Benefits. – Solo parents shall be given allocation in housing projects and shall be
provided with liberal terms of payment on said government low-cost housing projects in accordance with
housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

Section 11. Medical Assistance. – The DOH shall develop a comprehensive health care program for solo
parents and their children. The program shall be implemented by the DOH through their retained hospitals
and medical centers and the local government units (LGUs) through their provincial/district/city/municipal
hospitals and rural health units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform the following
additional powers and functions relative to the welfare of solo parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define
executive and legislative measures needed to promote and protect the interest of solo parents and their
children; and (3) assess the effectiveness of programs designed for disadvantaged solo parents and their
children;

(b) Coordinate the activities of various governmental and nongovernmental organizations engaged in
promoting and protecting the interests of solo parents and their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such
provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. – An interagency committee headed by the DSWD,
in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall
formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and regulations in
consultation with the local government units, nongovernment organizations and people’s organizations.