Background

Republic Act No. 8369, otherwise known as the Family Courts Act of 1997 took effect in November 1997.  Section 3 of the law provides that:

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.

The law, aside from establishing the Family Courts, also provides for the qualification and training of their judges (Section 4), stipulates on the use of their income (Section 6), and lays down their exclusive original jurisdiction to hear and decide among others, cases involving minors, children, marriage, and domestic violence (Section 5).  Moreover, the law mandates the Supreme Court to formulate the implementing rules and regulations of the Act and promulgate special rules of procedure, to wit:

SEC. 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.

SEC. 16.  Implementing Rules and Regulations. — The Supreme Court, in coordination with the DSWD, shall formulate the necessary rules and regulations for the effective implementation of the social aspects of this Act.

Pending the establishment of such courts, however, the same law, in the Transitory Provisions thereof, empowers the Supreme Court to designate from among the branches of the Regional Trial Courts, Family Courts in each of the cities enumerated in the law and such other places as it may deem necessary.

The Transitory Provisions have been complied with as on a national scale to date, the Supreme Court has specifically designated 120 branches of the Regional Trial Courts as Family Courts. In addition, regular Regional Trial Courts in single-sala stations or regions where there is no designated Family Court, perform Family Court functions.

On August 13, 2014, the Supreme Court issued Memorandum Order No. 20-2014, creating the Committee on Family Courts and Juvenile Concerns with the Honorable Associate Justice Teresita J. Leonardo-de Castro as Chairperson.

The Committee was given the following duties:

  • Formulate the Implementing Rules and Regulations and other rules for Republic Act 8369 (Family Courts Act of 1997)
  • Draft plan for the organization of family courts to include the following: (a) Creation Development of staffing pattern for family courts;
  • (b) Determination of number of courts that must be created under national legislation;
  • Monitor the implementation of the plan for the creation and organization of family courts including identification of procedural rules and court guidelines, as well as judicial and legal forms, that must be adopted to increase the effectiveness, efficiency of family courts;
  • Create such working groups as necessary to carry out its duties.

Pursuant to its mandate under said Memorandum Order, the Committee conducted a survey among the Family Court Judges all over the country as a preliminary step to obtain information regarding the needs and concerns in the Family Courts.  With the survey results as guide, the Committee thereafter, will be holding a National Summit for a more direct and interactive consultation with the judges on the implementation of Republic Act No. 8369, the rules of procedure, the case load and case inflow of the courts, the number of Family Courts required in each judicial region, the staffing pattern, special equipment, infrastructure, and other physical requirements of said courts, judicial forms that may be used, and all other needs and concerns that may be addressed by the Committee.

In view of the foregoing, the Committee is in need of a Consultant to assist in this endeavour and to subsequently prepare and draft concrete proposals for the effective implementation of Republic Act No. 8369.  This Consultant would herein be the Contractor/Responsible Party.

Duties and Responsibilities

The Contractor is expected to undertake the following:

  • Review the Results of the Survey Questionnaire and prepare a proposal for the topics to be taken up at the National Summit;
  • Participate at the National Summit and ensure the documentation of the results or any resolution formulated at the Summit;
  • Prepare a report based on the results of the National Summit;
  • Act as a resource person of the Committee, being an expert with hands-on experience as a former Family Court Judge and hearing officer of the Juvenile and Domestic Relations Court (JDRC);
  • Draft a proposal, based on the results of the national consultation-workshop, regarding the implementing rules and regulations of Republic Act No. 8369 and other matters covered by the above-mentioned objectives.

Expected Outputs and Deliverables:

  • Inception Report: One (1) draft program of activities, objectives, and topics for the National Summit;
  • Midterm Report: One (1) report on the outcome/results of the National Summit;
  • Final Report: One (1) draft proposal for the effective implementation of Republic Act No. 8369.

Competencies

Corporate Competencies:

  • Demonstrates commitment to UNDP’s mission, vision and values;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Highest standards of integrity, discretion and loyalty.

Functional Competencies:

  • Strong knowledge of the latest theories and concepts in urban development and sustainable cities in the Philippines and broader region;
  • Strong analytical and research skills;
  • Familiarity with current actors working on urban development challenges in the Philippines;
  • Strong communication skills and ability to communicate with different stakeholders;
  • Excellent in oral and written communication; have skills to write independent reports, documents, maintain systems and procedures in administering programs.

Required Skills and Experience

Education:

  • Must have an LLB or Juris Doctor Degree
  • Passer of the Philippine Bar Examination

Experience:

  • A former Family Court Judge for more than ten (10) years;
  • With deep and extensive knowledge in family law, a firm grasp of Family Court issues and procedure; and considerable exposure to a wide variety of Family Court cases;
  • With experience in formulating/drafting of rules.

Language:

  • Excellent oral and written communication skill in English.

Application: