“Whatever impairs a unit cripples the entire system. The problem of the family is thus the problem of society, especially where the supposed safe confines of the home are exploited to abuse women and where the welfare and development of children are at stake. For family courts, as great bulwarks of justice, vigilance is thus non-negotiable.”
Thus, said Supreme Court Associate Justice Amy C. Lazaro-Javier, Chairperson of the Supreme Court Committee on Family Courts and Juvenile Concerns, as she welcomed the court officials, participants-judges, development partners, and guests to the 5th National Family Courts Summit, held from April 20 to 21, 2023 at The Manila Hotel.
Highlighting the imperative of the Supreme Court’s Strategic Plan for Judicial Innovations 2022-2027 (SPJI) to enhance access to justice, Justice Javier said: “Today, with your cooperation, we seek to speak truth to this mandate as we endeavor to provide protection and bring justice to the very basic unit – the atom – of society: the family.”
The Summit, the first one to be held after almost five years, aimed to roll out the Bench Book for Family Court Cases (Bench Book) to designated and statutory family court judges as well as to Regional Trial Court (RTC) judges who handle family cases as well as to ensure a uniform understanding on the use of the Bench Book among all relevant stakeholders.
It was likewise organized to determine the existence and availability of facilities, equipment, and tools relevant to the performance of the functions of the Family Courts concerning Child Witnesses and Children in Conflict with the Law (CICL), to update the participant judges on the latest laws, rules and jurisprudence relating to Family Courts, and to capacitate them with effective tools to enhance mindfulness and resilience.
In his keynote, Chief Justice Alexander G. Gesmundo emphasized the “distinct approach” needed in resolving cases involving children, spousal or marital relations, and parental duties and responsibilities, as these possess a characted which differentiates them from other cases, saying: “Family cases are, without doubt, best resolved, with an additional hint of compassion, in an environment of understanding and assurance.”
“It is no secret how emotionally-charged cases in family courts are and it is unavoidable for family court judges to encounter emotional situations,” said the Chief Justice, as he spoke on the need to care for the mental and emotional wellbeing of the Family Courts judges and personnel.
“In this regard, it is an idea, both suitable and timely, that some counselling and mental wellness activities be conducted with our family court judges so they can learn to unburden the emotional weight each family court case imposes upon them,” added Chief Justice Gesmundo.
Chief Justice Gesmundo shared that the Court “has been relentless in its pursuit for greater efficiency and greater access to all including those who seek cross-border child support and protection” as he mentioned the Philippines’ ratification of the Support Convention on June 22, 2022; the Court’s recent promulgation of the Rule on International Abduction Cases (A.M. No. 22-09-1S-SC) as a result of the ratification of the Child Abduction Convention; and other provisional remedies granted by the Court, such as Order for Temporary Right of Access and Supervised Visitation or Contact Arrangement with the Child, Hold Departure Order, and Protection Order.
The Chief Justice said that with these Rules, the courts are able to ensure the effective implementation of the said Conventions and “through them, courts become effective channels for access to justice, ensuring litigants full and effective enforcement of their rights and consequently, according the justice system much-needed stability.”
The speakers and resource persons of the two-day Summit were Chief Justice Teresita J. Leonardo-De Castro (ret.), consultant of the Committee of Family Courts and Juvenile Concerns, who spoke on the HCCH Convention on the Civil Aspects of International Child Abduction of 1980 and the Rule on International Child Abduction Cases; Supreme Court Associate Justice Jose Midas P. Marquez, who presented an overview of the HCCH Convention on International Recovery of Child Support and Other Forms of Family Maintenance and discussed the Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support; Court Administrator Raul B. Villanueva, who shared with the judges the pertinent circulars and issuances of the Court and of the Office of the Court Administrator, for the judges to acquire a deeper understanding of these issuances within the context of the SPJI; Court of Appeals (CA) Associate Justice Jose Lorenzo R. Dela Rosa, who gave an overview of the recently enacted laws affecting family courts; CA Associate Justice Emily L. San Gaspar-Gito, who presented a summary of the jurisprudential trends in family cases; Assistant Court Administrator Maria Regina Adoracion Filomena M. Ignacio, who discussed the details of a court survey on the existing facilities for child witnesses and CICLs; Dr. Salvador Benjamin D. Vista, of the University of the Philippines College of Medicine and a member of the SC Governing Council for Mental Health, who shared various means through which the participant-judges can create effective tools for increased mindfulness and resilience; and television and radio personality Mr. Michael Angelo F. Lobrin, who gave a talk on acquiring the aptitude and skill in creating an environment of wellness and mindfulness.
CA Associate Justice Geraldine C. Fiel-Macaraig gave an introduction and overview of the Bench Book while Philippine Judicial Academy (PHILJA) Chancellor and retired Supreme Court Associate Justice Rosmari D. Carandang delivered the closing remarks. Sandiganbayan Associate Justice Maria Theresa V. Mendoza-Arcega, CA Associate Justice Angelene Mary W. Quimpo-Sale, Deputy Court Administrator Jenny Lind R. Aldecoa-Delorino, and Morong, Rizal RTC Branch 79 Judge Maria Josefina G. San Juan-Torres served as Chief Facilitators of the Summit.
Present during the first day of the Summit were Supreme Court Associate Justice Ramon Paul L. Hernando, Associate Justice Henri Jean Paul B. Inting, and Associate Justice Maria Filomena D. Singh.
Also present were representatives from the development partners of the Summit who gave their respective messages of support: H.E. Hae Kyong Yu, PSM, Australian Ambassador to the Philippines; Ms. Oyunsaikhan Dendevnorov, UNICEF Representative to the Philippines; Mr. Sam Chittick, Country Representative of The Asia Foundation, Philippines; and Atty. Alberto T. Muyot, Chief Executive Officer of Save the Children Philippines.
The Summit was organized by the Supreme Court Committee on Family Courts and Juvenile Concerns and the PHILJA in partnership with SaferKidsPH. (Courtesy of the Supreme Court Public Information Office)