THE BEST interest of a child, or even of a woman or any member of the family, depends on how the court determines the weight of the situation and on how it can influence the well-being of the person affected.
There is no standard definition of “best interest of the child.” Nevertheless, in a publication series released by the US Department of Health and Human Services – Children’s Bureau, it refers to the term “best interest of the child” as the “deliberation that courts undertake when deciding what type of services, actions, and orders will best serve a child as well as who is best suited to take care of a child.”
Consequently, this issue affects all persons. Just recently, the Philippine Supreme Court (SC) formulated the necessary rules and regulations for the effective implementation of the social aspects of Republic Act No. 8369, otherwise known as the Family Courts Act of 1997.
The Implementing Rules and Regulations (IRR) of the social aspect of RA No. 8369 defines “best interest of the child” as the “totality of circumstances and conditions which are most congenial to the survival, protection, and feelings of security of the child and most encouraging to the child’s physical, psychological, and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of a child.”
The social aspects provisions are constituted in Sections 9, 10, 11, and 12. These refer to the Social Services and Counseling Division; Social Services and Counseling Division Staff; Alternative Social Services; Privacy and Confidentiality of Proceedings; respectively.
These provisions are in line with the State policy that “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.”
One of the key features of the IRR is the establishment of Bahay Pag-asa or any similar facility providing residential care for children in conflict with the law (CICL) awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Of course, the CICL may avail of alternatives to detention and institutional care like counseling, recognizance, bail, drug rehabilitation, community continuum, and the like.
Another key feature is the establishment of the Social Services and Counseling Division that will provide appropriate social services to all family cases filed with the court and recommend the proper social action.
With regards to this, all persons concerned shall observe the right to privacy and confidentiality of the parties, especially of their identities, court records, and closed-door hearings.
To effectively implement the social aspect of the law, the Committee on Family Courts and Juvenile Concerns (CFCJC) is authorized to conduct studies on the data collection, information management, and development of operations of Family Courts. It will also serve as the national liaison among judges, agencies, and families.
These are some of the provisions or factors that need to be considered for the ultimate safety and well-being of the child, woman, and family members.
As the Constitution mandates, the State shall protect the rights and promote the welfare of children. It shall also provide a system of adjudication for youthful offenders which considers their peculiar circumstances./PN
