The Family Courts shall have exclusive original jurisdiction over the following cases: [17]
5.1. 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, or where one or more of the victims is a minor at the time of the commission of the offense;
5.2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter; 5.3. Petitions for adoption of children and the revocation thereof;
5.4. 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; 5.5. Petitions for support and/or acknowledgment;
5.6. Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines;"
5.7. Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under Pres. Decree No. 603, Executive Order No. 56 (series of 1986), and other related laws;
5.8. Petitions for the constitution of the family home;
5.9. Cases against minors under the Dangerous Drugs Act, as amended;
5.10. Violations of Rep. Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as amended by Rep. Act No. 7658; 5.11. Cases of domestic violence against –
5.11.1. Women – which are acts of gender-based violence that result, 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 of movement; and
5.11.2. 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 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. 6. SPECIAL COURTS
6.1. Heinous Crimes Cases
Under Adm. Order No. 104-96, as amended by Circular No. 31-97, some branches of the Regional Trial Courts are designated exclusively to try and decide cases of
kidnapping, robbery in band, robbery committed against a banking or financial institution, violation of Anti-Carnapping Act of 1972, as amended, and other heinous crimes committed within their respective territorial jurisdictions.
6.2. Intellectual Property Rights Violations
Pursuant to Adm. Order No.1 04-96, violations of intellectual property rights such as, but not limited to, violation of Art. 188 of the Rev. Penal Code (substituting and altering trademarks, trade names, or service marks), Art. 189 of the Rev. Penal Code (unfair competitions, fraudulent registration of trademarks, trade names, or service marks, fraudulent designation of origin and false description), Pres. Decree No. 49 (protection of intellectual property rights), Pres. Decree No. 87 (an Act creating the Video gram Regulatory Board), Rep. Act No. 165, as amended (the Patent Law), and Rep. Act No. 166, as amended (the Trademark Law) shall be tried by the Regional Trial Courts in accordance with the established raffle scheme except those covered by Adm. Order No. 113-95 dated October 2, 1995 in which case, the designated Regional Trial Courts shall continue to observe the provisions therein.
6.3. SEC-related Cases
In A.M. No. 00-11-03-SC, the Supreme Court issued En Banc Resolution dated
November 21, 2000 designating certain branches of the Regional Trial Courts to try and decide cases formerly cognizable by the Securities and Exchange Commission
enumerated in Sec. 5 of Pres. Decree No. 902-A arising within their territorial jurisdictions with respect to the National Capital Judicial Region and within the
respective provinces in the First to Twelfth Judicial Regions.
Sec. 5.2 of the Securities Regulation Code (Rep. Act No. 8799) transfers to the appropriate Regional Trial Court the original jurisdiction over the following cases: 6.3.1. Cases involving devices or schemes employed by, or any acts of, the board of directors, business associates, its officers or partners, amounting to fraud and
misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Securities and Exchange Commission;
6.3.2. Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the
corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity; 6.3.3. Controversies in the election or appointment of directors, trustees, officers or managers of such corporations, partnerships or associations; and
6.3.4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation,
partnership or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.
6.4. Agrarian Cases
Adm. Order No. 80A-90, amending Adm. Order No. 80, dated July 18, 1989, designated certain branches of the Regional Trial Courts as Special Agrarian Courts which have original and exclusive jurisdiction over the following cases:
6.4.1. Petitions for the determination of just compensation to landowners; and 6.4.2. Criminal offenses under Rep. Act No. 6657.
6.5. Dangerous Drugs Cases
Under A.M. No. 00-8-01-SC, certain branches of the Regional Trial Courts were designated as Special Courts to hear and decide all criminal cases in their respective jurisdictions involving violations of the Dangerous Drugs Act of 1972 (Rep. Act No. 6425), as amended, regardless of the quantity of drugs involved.
C. QUALIFICATIONS OF OFFICERS