Section 8. Case study; duty of social worker.

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RULE ON CUSTODY OF MINORS AND WRIT Upon the filing of the verified answer or the
OF HABEAS CORPUS expiration of the period to file it, the court may
IN RELATION TO CUSTODY OF MINORS order a social worker to make a case study of the
minor and the parties and to submit a report and
SECTION 1. Applicability. - This rule shall apply recommendation to the court at least three days
to petitions for custody of minors and writs of before the scheduled pre-trial.
habeas corpus in relation thereto.
Section 9. Notice of mandatory pre-trial. -
The Rules of Court shall apply suppletorily. Within fifteen days after the filing of the answer or
the expiration of the period to file answer, the
Section 2. Petition for custody of minors; who court shall issue an order:
may file.- A verified petition for the rightful (1) fixing a date for the pre-trial conference;
custody of a minor may be filed by any person (2) directing the parties to file and serve their
claiming such right. The party against whom it respective pre-trial briefs in such manner as
may be filed shall be designated as the shall ensure receipt thereof by the adverse
respondent. party at least three days before the date of
pre-trial; and
Section 3. Where to file petition. - The petition (3) requiring the respondent to present the minor
for custody of minors shall be filed with the Family before the court.
Court of the province or city where the petitioner
resides or where the minor may be found. The notice of its order shall be served separately
on both the parties and their respective counsels.
Section 4. Contents of petition. - The verified The pre-trial is mandatory.
petition shall allege the following:
(a) The personal circumstances of the petitioner Section 10. Contents of pre-trial brief. - The
and of the respondent; pre-trial brief shall contain the following:
(b) The name, age and present whereabouts of
the minor and his or her relationship to the (a) A statement of the willingness of the parties to
petitioner and the respondent; enter into agreements that may be allowed by
(c) The material operative facts constituting law, indicating its terms;
deprivation of custody; and (b) A concise statement of their respective claims
(d) Such other matters which are relevant to the together with the applicable laws and authorities;
custody of the minor. (c) Admitted facts and proposed stipulations of
The verified petition shall be accompanied by a facts;
certificate against forum shopping, which the (d) The disputed factual and legal issues;
petitioner must sign personally. (e) All the evidence to be presented, briefly stating
or describing its nature and purpose;
Section 5. Summons; personal service on (f) The number and names of the witnesses and
respondent. - If the court is satisfied that the their respective affidavits which shall serve as the
petition is sufficient in form and substance, it shall affiant's testimony on direct examination; and
direct the clerk of court to issue summons, which (g) Such other matters as the court may require to
shall be served together with a copy of the be included in the pre-trial brief.
petition personally on the respondent. Failure to file the pre-trial brief or to comply with
its required contents shall have the same effect as
Section 6. Motion to Dismiss. - A motion to failure to appear at the pre-trial.
dismiss the petition is not allowed except on the
ground of lack of jurisdiction over the subject
matter or over the parties. Any other ground that
might warrant the dismissal of the petition may be
raised as an affirmative defense in the answer.

Section 7. Verified Answer. - The respondent

shall file an answer to the petition, personally
verified by him, within five days after service of
summons and a copy of the petition.
Section 11. Effect of failure to appear at the Section 14. Factors to consider in determining
pre-trial.-(a) If the petitioner fails to appear custody. - In awarding custody, the court shall
personally at the pre-trial, the case shall be consider the best interests of the minor and shall
dismissed, unless his counsel or a duly give paramount consideration to his material and
authorized representative appears in court and moral welfare.
proves a valid excuse for the non-appearance of
the petitioner. The best interests of the minor refer to the totality
of the circumstances and conditions as are most
(b) If the respondent has filed his answer but fails congenial to the survival, protection, and feelings
to appear at the pre-trial, the petitioner shall be of security of the minor encouraging to his
allowed to present his evidence ex parte. The physical, psychological and emotional
court shall then render judgment on the basis of development. It also means the least detrimental
the pleadings and the evidence thus presented. available alternative for safeguarding the growth
and development of the minor.
Section 12. What may be done at pre-trial. - At
the pre-trial, the parties may agree on the custody The court shall also consider the following:
of the minor. If the parties fail to agree, the court
may refer the matter to a mediator who shall have (a) Any extrajudicial agreement which the parties
five days to effect an agreement between the may have bound themselves to comply with
parties. If the issue is not settled through respecting the rights of the minor to maintain
mediation, the court shall proceed with the pre- direct contact with the non custodial parent on a
trial conference, on which occasion it shall regular basis, except when there is an existing
consider such other matters as may aid in the threat or danger of physical, mental, sexual or
prompt disposition of the petition. emotional violence which endangers the safety
and best interests of the minor;
Section 13. Provisional order awarding (b) The desire and ability of one parent to foster
custody. - After an answer has been filed or after an open and loving relationship between the
expiration of the period to file it, the court may minor and the other parent;
issue a provisional order awarding custody of the (c) The health, safety and welfare of the minor;
minor. As far as practicable, the following order of (d) Any history of child or spousal abuse by the
preference shall be observed in the award of person seeking custody or who has had any filial
custody: relationship with the minor, including anyone
courting the parent;
(a) Both parents jointly; (e) The nature and frequency of contact with both
(b) Either parent, taking into account all relevant parents;
considerations, especially the choice of the minor (f) Habitual use of alcohol, dangerous drugs or
over seven years of age and of sufficient regulated substances;
discernment, unless the parent chosen is unfit; (g) Marital misconduct;
(c) The grandparent, or if there are several (h) The most suitable physical, emotional,
grandparents, the grandparent chosen by the spiritual, psychological and educational
minor over seven years of age and of sufficient environment for the holistic development and
discernment, unless the grandparent chosen is growth of the minor; and
unfit or disqualified; (i) The preference of the minor over seven years
(d) The eldest brother or sister over twenty-one of age and of sufficient discernment, unless
years of age, unless he or she is unfit or the parent chosen is unfit.
disqualified;
(e) The actual custodian of the minor over twenty- Section 15. Temporary visitation rights. - The
one years of age, unless the former is unfit or court shall provide in its order awarding
disqualified; or provisional custody appropriate visitation rights to
(f) Any other person or institution the court may the non-custodial parent or parents, unless the
deem suitable to provide proper care and court finds said parent or parents unfit or
guidance for the minor. disqualified.

The temporary custodian shall give the court and

non custodial parent or parents at least five days'
notice of any plan to change the residence of the
minor or take him out of his residence for more
than three days provided it does not prejudice the
visitation rights of the non-custodial parent or (c) To refrain from acts of commission or omission
parents. that create an unreasonable risk to the health,
safety, or welfare of the minor;
Section 16. Hold Departure Order. - The minor (d) To permit a parent, or a party entitled to
child subject of the petition shall not be brought visitation by a court order or a separation
out of the country without prior order from the agreement, to visit the minor at stated periods;
court while the petition is pending. (e) To permit a designated party to enter the
residence during a specified period of time in
The court, motu proprio or upon application under order to take personal belongings not contested in
oath, may issue ex parte a hold departure order, a proceeding pending with the Family Court; and
addressed to the Bureau of Immigration and (f) To comply with such other orders as are
Deportation, directing it not to allow the departure necessary for the protection of the minor.
of the minor from the Philippines without the
permission of the court. Section 18. Judgment. - After trial, the court shall
render judgment awarding the custody of the
The Family Court issuing the hold departure order minor to the proper party considering the best
shall furnish the Department of Foreign Affairs interests of the minor.
and the Bureau of Immigration and Deportation of
the Department of Justice a copy of the hold If it appears that both parties are unfit to have the
departure order within twenty-four hours from its care and custody of the minor, the court may
issuance and through the fastest available means designate either the paternal or maternal
of transmittal. grandparent of the minor, or his oldest brother or
sister, or any reputable person to take charge of
The hold departure order shall contain the such minor, or commit him to any suitable home
following information: for children.
(a) The complete name (including the middle
name), the date and place of birth, the nationality In its judgment, the court may order either or both
and the place of last residence of the person parents to give an amount necessary for the
against whom a hold departure order has been support, maintenance and education of the minor,
issued or whose departure from the country has irrespective of who may be its custodian.
been enjoined;
(b) The complete title and docket number of the In determining the amount of support, the court
case in which the hold departure order was may consider the following factors: (1) the
issued; financial resources of the custodial and non-
(c) The specific nature of the case; custodial parent and those of the minor; (2) the
(d) The date of the hold departure order; and physical and emotional health, special needs, and
(e) A recent photograph, if available, of the party aptitude of the minor; (3) the standard of living the
against whom a hold departure order has been minor has been accustomed to; and (4) the non-
issued or whose departure from the country has monetary contributions that the parents would
been enjoined. make toward the care and well-being of the minor.
The court may also issue any order that is just
The court may recall the hold departure order and reasonable permitting the parent who is
motu proprio, or upon verified motion of any of the deprived of the care and custody of the minor to
parties after summary hearing, subject to such visit or have temporary custody.
terms and conditions as may be necessary for the
best interests of the minor. Section 19. Appeal. - No appeal from the
decision shall be allowed unless the appellant has
Section 17. Protection Order. - The court may filed a motion for reconsideration or new trial
issue a Protection Order requiring any person: within fifteen days from notice of judgment.
(a) To stay away from the home, school, business,
or place of employment of the minor, other parent An aggrieved party may appeal from the decision
or any other party, or from any other specific place by filing a Notice of Appeal within fifteen days
designated by the court; from notice of the denial of the motion for
(b) To cease and desist from harassing, reconsideration or new trial and serving a copy
intimidating, or threatening such minor or the thereof on the adverse parties.
other parent or any person to whom custody of
the minor is awarded;
Section 20. Petition for writ of habeas corpus.
- A verified petition for a writ of habeas corpus
involving custody of minors shall be filed with the
Family Court. The writ shall be enforceable within
its judicial region to which the Family Court
belongs.

However, the petition may be filed with the regular

court in the absence of the presiding judge of the
Family Court, provided, however, that the regular
court shall refer the case to the Family Court as
soon as its presiding judge returns to duty.
The petition may also be filed with the appropriate
regular courts in places where there are no
Family Courts.

The writ issued by the Family Court or the regular

court shall be enforceable in the judicial region
where they belong.

The petition may likewise be filed with the

Supreme Court, Court of Appeals, or with any of
its members and, if so granted, the writ shall be
enforceable anywhere in the Philippines. The writ
may be made returnable to a Family Court or to
any regular court within the region where the
petitioner resides or where the minor may be
found for hearing and decision on the merits.
Upon return of the writ, the court shall decide the
issue on custody of minors. The appellate court,
or the member thereof, issuing the writ shall be
furnished a copy of the decision.

Section 21. Confidentiality of proceedings. -

The hearings on custody of minors may, at the
discretion of the court, be closed to the public and
the records of the case shall not be released to
non-parties without its approval.

Section 22. Effectivity. - This Rule shall take

effect on May 15, 2003 following its publication in
a newspaper of general circulation not later than
April 30, 2003.