Today Today is Wednesday, April April 01, 2015 search Republic of the Philippines SUPREE !"URT anila A## $o# 0%&0'&0'&S 0%&0'&0'&S! !
April 22, 22, 200%
RE( PR"P"SE) RU*E "$ !UST")+ " -$"RS A$) WR-T " .A/EAS !"RPUS -$ RE*AT-"$ T" !UST")+ " -$"RS RES"*UT-"$ Actin on the letter of the !hairan !hairan of the !oittee !oittee on Reision Reision of the the Rules of of !ourt subittin for this !ourt3s consideration and approal the Proposed Rule on custody of inors and Writ of .abeas !orpus in Relation to !ustody of inors, the !ourt Resoled to APPR"4E the sae# The Rule shall tae effect on ay 15, 200% follo6in its publication in a ne6spaper of eneral circulation not later than April %0, 200%# April 22, 200% )aide, 7r#, !#7#, /ellosillo, Puno, 4itu, Pananiban, +nares&Santiao, Sandoal&8utierre9, !arpio, Austria&artine9, !orona, !arpio&orales, !alle:o, Sr#, and A9cuna, 77#, concur# ;uisubin, 7#, on official leae# RU*E "$ !UST")+ " -$"RS A$) WR-T " .A/EAS !"RPUS -$ RE*AT-"$ T" !UST")+ " -$"RS SE!T-"$ 1# Applicability# & This rule shall apply to petitions for custody of inors and 6rits of habeas corpus in relation thereto# The Rules of !ourt shall apply suppletorily# Section 2# Petition for custody of inors< 6ho ay file#& A erified petition for the rihtful custody of a inor ay be filed by any person claiin such riht# The party aainst 6ho it ay be filed shall be desinated as the respondent# Section %# Where to file petition# & The petition for custody of inors shall be filed 6ith the aily !ourt of the proince or city 6here the petitioner resides or 6here the inor ay be found# Section '# !ontents of petition# & The erified petition shall allee the follo6in( =a> The personal circustances of the petitioner and of the respondent< =b> The nae, ae and present 6hereabouts of the inor and his or her relationship to the petitioner and the respondent< =c> The aterial operatie facts constitutin depriation of custody< and =d> Such other atters 6hich are releant to the custody of the inor#
The erified petition shall be accopanied by a certificate aainst foru shoppin, 6hich the petitioner ust sin personally# Section 5# Suons< personal serice on respondent# & -f the court is satisfied that the petition is sufficient in for and substance, it shall direct the cler of court to issue suons, 6hich shall be sered toether 6ith a copy of the petition personally on the respondent# Section ?# otion to )isiss# & A otion to disiss the petition is not allo6ed e@cept on the round of lac of :urisdiction oer the sub:ect atter or oer the parties# Any other round that iht 6arrant the disissal of the petition ay be raised as an affiratie defense in the ans6er# Section # 4erified Ans6er# & The respondent shall file an ans6er to the petition, personally erified by hi, 6ithin fie days after serice of suons and a copy of the petition# Section B# !ase study< duty of social 6orer# & Upon the filin of the erified ans6er or the e@piration of the period to file it, the court ay order a social 6orer to ae a case study of the inor and the parties and to subit a report and recoendation to the court at least three days before the scheduled pre&trial# Section C# $otice of andatory pre&trial# & Within fifteen days after the filin of the ans6er or the e@piration of the period to file ans6er, the court shall issue an order( =1> fi@in a date for the pre& trial conference< =2> directin the parties to file and sere their respectie pre&trial briefs in such anner as shall ensure receipt thereof by the aderse party at least three days before the date of pre&trial< and =%> reDuirin the respondent to present the inor before the court# The notice of its order shall be sered separately on both the parties and their respectie counsels# The pre&trial is andatory# Section 10# !ontents of pre&trial brief# & The pre&trial brief shall contain the follo6in( =a> A stateent of the 6illinness of the parties to enter into areeents that ay be allo6ed by la6, indicatin its ters< =b> A concise stateent of their respectie clais toether 6ith the applicable la6s and authorities< =c> Aditted facts and proposed stipulations of facts< =d> The disputed factual and leal issues< =e> All the eidence to be presented, briefly statin or describin its nature and purpose< =f> The nuber and naes of the 6itnesses and their respectie affidaits 6hich shall sere as the affiants testiony on direct e@aination< and => Such other atters as the court ay reDuire to be included in the pre&trial brief# ailure to file the pre&trial brief or to coply 6ith its reDuired contents shall hae the sae effect as failure to appear at the pre&trial# Section 11# Effect of failure to appear at the pre&trial#&=a> -f the petitioner fails to appear personally at the pre&trial, the case shall be disissed, unless his counsel or a duly authori9ed representatie appears in court and proes a alid e@cuse for the non&appearance of the petitioner# =b> -f the respondent has filed his ans6er but fails to appear at the pre&trial, the petitioner shall be allo6ed to present his eidence e@ parte# The court shall then render :udent on the basis of the pleadins and the eidence thus presented# Section 12# What ay be done at pre&trial# & At the pre&trial, the parties ay aree on the custody of the inor# -f the parties fail to aree, the court ay refer the atter to a ediator 6ho
shall hae fie days to effect an areeent bet6een the parties# -f the issue is not settled throuh ediation, the court shall proceed 6ith the pre&trial conference, on 6hich occasion it shall consider such other atters as ay aid in the propt disposition of the petition# Section 1%# Proisional order a6ardin custody# & After an ans6er has been filed or after e@piration of the period to file it, the court ay issue a proisional order a6ardin custody of the inor# As far as practicable, the follo6in order of preference shall be obsered in the a6ard of custody( =a> /oth parents :ointly< =b> Either parent, tain into account all releant considerations, especially the choice of the inor oer seen years of ae and of sufficient discernent, unless the parent chosen is unfit< =c> The randparent, or if there are seeral randparents, the randparent chosen by the inor oer seen years of ae and of sufficient discernent, unless the randparent chosen is unfit or disDualified< =d> The eldest brother or sister oer t6enty&one years of ae, unless he or she is unfit or disDualified< =e> The actual custodian of the inor oer t6enty&one years of ae, unless the forer is unfit or disDualified< or =f> Any other person or institution the court ay dee suitable to proide proper care and uidance for the inor# Section 1'# actors to consider in deterinin custody# & -n a6ardin custody, the court shall consider the best interests of the inor and shall ie paraount consideration to his aterial and oral 6elfare# The best interests of the inor refer to the totality of the circustances and conditions as are ost conenial to the surial, protection, and feelins of security of the inor encourain to his physical, psycholoical and eotional deelopent# -t also eans the least detriental aailable alternatie for safeuardin the ro6th and deelopent of the inor# The court shall also consider the follo6in( =a> Any e@tra:udicial areeent 6hich the parties ay hae bound theseles to coply 6ith respectin the rihts of the inor to aintain direct contact 6ith the non custodial parent on a reular basis, e@cept 6hen there is an e@istin threat or daner of physical, ental, se@ual or eotional iolence 6hich endaners the safety and best interests of the inor< =b> The desire and ability of one parent to foster an open and loin relationship bet6een the inor and the other parent< =c> The health, safety and 6elfare of the inor< =d> Any history of child or spousal abuse by the person seein custody or 6ho has had any filial relationship 6ith the inor, includin anyone courtin the parent< =e> The nature and freDuency of contact 6ith both parents< =f> .abitual use of alcohol, danerous drus or reulated substances< => arital isconduct< =h> The ost suitable physical, eotional, spiritual, psycholoical and educational enironent for the holistic deelopent and ro6th of the inor< and =i> The preference of the inor oer seen years of ae and of sufficient discernent, unless the parent chosen is unfit# Section 15# Teporary isitation rihts# & The court shall proide in its order a6ardin proisional custody appropriate isitation rihts to the non&custodial parent or parents, unless the court
finds said parent or parents unfit or disDualified# The teporary custodian shall ie the court and non custodial parent or parents at least fie days notice of any plan to chane the residence of the inor or tae hi out of his residence for ore than three days proided it does not pre:udice the isitation rihts of the non&custodial parent or parents# Section 1?# .old )eparture "rder# & The inor child sub:ect of the petition shall not be brouht out of the country 6ithout prior order fro the court 6hile the petition is pendin# The court, otu proprio or upon application under oath, ay issue e@ parte a hold departure order, addressed to the /ureau of -iration and )eportation, directin it not to allo6 the departure of the inor fro the Philippines 6ithout the perission of the court# The aily !ourt issuin the hold departure order shall furnish the )epartent of orein Affairs and the /ureau of -iration and )eportation of the )epartent of 7ustice a copy of the hold departure order 6ithin t6enty&four hours fro its issuance and throuh the fastest aailable eans of transittal# The hold departure order shall contain the follo6in inforation( =a> The coplete nae =includin the iddle nae>, the date and place of birth, the nationality and the place of last residence of the person aainst 6ho a hold departure order has been issued or 6hose departure fro the country has been en:oined< =b> The coplete title and docet nuber of the case in 6hich the hold departure order 6as issued< =c> The specific nature of the case< =d> The date of the hold departure order< and =e> A recent photoraph, if aailable, of the party aainst 6ho a hold departure order has been issued or 6hose departure fro the country has been en:oined# The court ay recall the hold departure order otu proprio, or upon erified otion of any of the parties after suary hearin, sub:ect to such ters and conditions as ay be necessary for the best interests of the inor# Section 1# Protection "rder# & The court ay issue a Protection "rder reDuirin any person( =a> To stay a6ay fro the hoe, school, business, or place of eployent of the inor, other parent or any other party, or fro any other specific place desinated by the court< =b> To cease and desist fro harassin, intiidatin, or threatenin such inor or the other parent or any person to 6ho custody of the inor is a6arded< =c> To refrain fro acts of coission or oission that create an unreasonable ris to the health, safety, or 6elfare of the inor< =d> To perit a parent, or a party entitled to isitation by a court order or a separation areeent, to isit the inor at stated periods< =e> To perit a desinated party to enter the residence durin a specified period of tie in order to tae personal belonins not contested in a proceedin pendin 6ith the aily !ourt< and =f> To coply 6ith such other orders as are necessary for the protection of the inor# Section 1B# 7udent# & After trial, the court shall render :udent a6ardin the custody of the inor to the proper party considerin the best interests of the inor# -f it appears that both parties are unfit to hae the care and custody of the inor, the court ay desinate either the paternal or aternal randparent of the inor, or his oldest brother or sister, or any reputable person to tae chare of such inor, or coit hi to any suitable
hoe for children# -n its :udent, the court ay order either or both parents to ie an aount necessary for the support, aintenance and education of the inor, irrespectie of 6ho ay be its custodian# -n deterinin the aount of support, the court ay consider the follo6in factors( =1> the financial resources of the custodial and non&custodial parent and those of the inor< =2> the physical and eotional health, special needs, and aptitude of the inor< =%> the standard of liin the inor has been accustoed to< and ='> the non&onetary contributions that the parents 6ould ae to6ard the care and 6ell&bein of the inor# The court ay also issue any order that is :ust and reasonable perittin the parent 6ho is depried of the care and custody of the inor to isit or hae teporary custody# Section 1C# Appeal# & $o appeal fro the decision shall be allo6ed unless the appellant has filed a otion for reconsideration or ne6 trial 6ithin fifteen days fro notice of :udent# An arieed party ay appeal fro the decision by filin a $otice of Appeal 6ithin fifteen days fro notice of the denial of the otion for reconsideration or ne6 trial and serin a copy thereof on the aderse parties# Section 20# Petition for 6rit of habeas corpus# & A erified petition for a 6rit of habeas corpus inolin custody of inors shall be filed 6ith the aily !ourt# The 6rit shall be enforceable 6ithin its :udicial reion to 6hich the aily !ourt belons# .o6eer, the petition ay be filed 6ith the reular court in the absence of the presidin :ude of the aily !ourt, proided, ho6eer, that the reular court shall refer the case to the aily !ourt as soon as its presidin :ude returns to duty# The petition ay also be filed 6ith the appropriate reular courts in places 6here there are no aily !ourts# The 6rit issued by the aily !ourt or the reular court shall be enforceable in the :udicial reion 6here they belon# The petition ay lie6ise be filed 6ith the Supree !ourt, !ourt of Appeals, or 6ith any of its ebers and, if so ranted, the 6rit shall be enforceable any6here in the Philippines# The 6rit ay be ade returnable to a aily !ourt or to any reular court 6ithin the reion 6here the petitioner resides or 6here the inor ay be found for hearin and decision on the erits# Upon return of the 6rit, the court shall decide the issue on custody of inors# The appellate court, or the eber thereof, issuin the 6rit shall be furnished a copy of the decision# Section 21# !onfidentiality of proceedins# & The hearins on custody of inors ay, at the discretion of the court, be closed to the public and the records of the case shall not be released to non&parties 6ithout its approal# Section 22# Effectiity# & This Rule shall tae effect on ay 15, 200% follo6in its publication in a ne6spaper of eneral circulation not later than April %0, 200%# The *a6phil Pro:ect & Arellano *a6 oundation
