Duties of Social Workers of Family Courts or Regional Trial Courts

September 1, 2000

EN BANC

A.M. No. 00-8-03-SC

A RESOLUTION CLARIFYING THE DUTIES OF THE SOCIAL WORKERS OF THE FAMILY COURTS OR REGIONAL TRIAL COURTS UNDER THE FAMILY COURTS ACTS OF 1997

On 23 November 1997, Republic Act No. 8369, otherwise known as the "Family Courts Act of 1997" (approved and signed on 28 October 1997) took effect. Section 10 of R.A. No. 8369 describes, among others, the duties of the Social workers or Social Welfare Officers of the courts. The Social Workers shall be "qualified social workers" "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." ^*

On the basis of the provisions of R.A. No. 8369, Social Workers of the courts should now be assigned to handle and attend to all social services required in all cases, including adoption cases, falling within the jurisdiction of the Family Court filed with and pending before either the Regional Trial Courts designated to hear and decide such cases or the regular Regional Trial Courts, as the case may be. These Social workers should, in their own right, in the first instance and independently of the Department of Social Welfare and Development, conduct the case studies in adoption cases required by Article 33 of the Child and Youth Welfare Code, as amended, and submit their reports, with recommendations, to the courts handling and hearing such cases. In the preparation of case studies, the Social Workers of the courts need no longer coordinate with the Department of Social Welfare and Development or its representatives as prescribed by Circular No. 12 dated 2 October 1986. AaSCTD

The foregoing now applies, notwithstanding Section 11 of Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998," which provides that "[n]o petition for adoption shall be set for hearing unless a licensed social worker of the Department [of Social Welfare and Development], the social service office of the local government unit, or any child-placing or child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition." Section 11 does not mention the Social Workers of the courts among those who may undertake case studies in adoption cases. The enumeration under said Section of those who may conduct case studies in adoption cases should not be considered as exclusionary and should not bar the Social Workers of the courts from performing the function herein involved. Section 11 does not state that only those listed may conduct case studies in adoption cases or that only they have the exclusive authority to undertake the same.

The provisions of Circular No. 12 dated 2 October 1986 to the effect that the Social Workers of the courts should coordinate with the Department of Social Welfare and Development or its representatives in the preparation and submission of case studies in adoption cases have already been superseded by the relevant Sections of RA No. 8369.

This resolution shall take effect on the first day of September 2000, and shall be published in a newspaper of general circulation. HICcSA

(SGD.) HILARIO G. DAVIDE, JR.Chief JusticeSupreme Court of the Philippines

(abroad on official business)JOSUE N. BELLOSILLOAssociate Justice

(SGD.) REYNATO S. PUNOAssociate Justice

(SGD.) SANTIAGO M. KAPUNANAssociate Justice

(SGD) ARTEMIO V. PANGANIBANAssociate Justice

(SGD.) FIDEL P. PURISIMAAssociate Justice

(SGD.) ARTURO B. BUENAAssociate Justice

(SGD.) CONSUELO YNARES-SANTIAGOAssociate Justice

(SGD.) JOSE A.R. MELOAssociate Justice

(SGD.) JOSE C. VITUGAssociate Justice

(SGD.) VICENTE V. MENDOZAAssociate Justice

(SGD.) LEONARDO A. QUISUMBINGAssociate Justice

(SGD.) BERNARDO P. PARDOAssociate Justice

(SGD.) MINERVA P. GONZAGA-REYESAssociate Justice

(SGD) SABINO R. DE LEON, JR.Associate Justice

Published in the Manila Bulletin and in the Philippine Star on August 9, 2000.

Footnotes

* This refers to the Family courts or, in the meantime that the Family Courts have not been established and organized in accordance with Section 3 of R.A. No. 8369, the Regional Trial Courts designated to handle the cases falling within the jurisdiction of the Family Court pursuant to the Resolution dated 1 February 2000 of the Supreme Court En Banc in Administrative Matter No. 99-11-07-SC.