RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS Section 5. Summons; personal service on respondent.

- If the court is
IN RELATION TO CUSTODY OF MINORS satisfied that the petition is sufficient in form and substance, it shall direct the
clerk of court to issue summons, which shall be served together with a copy
SECTION 1. Applicability. - This rule shall apply to petitions for custody of of the petition personally on the respondent.
minors and writs of habeas corpus in relation thereto.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed
The Rules of Court shall apply suppletorily. 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
Section 2. Petition for custody of minors; who may file.- A verified petition for be raised as an affirmative defense in the answer.
the rightful custody of a minor may be filed by any person claiming such right.
The party against whom it may be filed shall be designated as the Section 7. Verified Answer. - The respondent shall file an answer to the
respondent. petition, personally verified by him, within five days after service of summons
and a copy of the petition.
Section 3. Where to file petition. - The petition for custody of minors shall be
filed with the Family Court of the province or city where the petitioner resides Section 8. Case study; duty of social worker. - Upon the filing of the verified
or where the minor may be found. answer or the expiration of the period to file it, the court may order a social
worker to make a case study of the minor and the parties and to submit a
Section 4. Contents of petition. - The verified petition shall allege the report and recommendation to the court at least three days before the
following: scheduled pre-trial.

(a) The personal circumstances of the petitioner and of the respondent; Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of
the answer or the expiration of the period to file answer, the court shall issue
(b) The name, age and present whereabouts of the minor and his or her an order: (1) fixing a date for the pre-trial conference; (2) directing the parties
relationship to the petitioner and the respondent; to file and serve their respective pre-trial briefs in such manner as shall
ensure receipt thereof by the adverse party at least three days before the
(c) The material operative facts constituting deprivation of custody; and date of pre-trial; and (3) requiring the respondent to present the minor before
the court.
(d) Such other matters which are relevant to the custody of the minor.
The notice of its order shall be served separately on both the parties and their
The verified petition shall be accompanied by a certificate against forum respective counsels. The pre-trial is mandatory.
shopping, which the petitioner must sign personally.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the shall then render judgment on the basis of the pleadings and the evidence
following: thus presented.

(a) A statement of the willingness of the parties to enter into agreements that Section 12. What may be done at pre-trial. - At the pre-trial, the parties may
may be allowed by law, indicating its terms; agree on the custody of the minor. If the parties fail to agree, the court may
refer the matter to a mediator who shall have five days to effect an agreement
(b) A concise statement of their respective claims together with the applicable between the parties. If the issue is not settled through mediation, the court
laws and authorities; shall proceed with the pre-trial conference, on which occasion it shall
consider such other matters as may aid in the prompt disposition of the
(c) Admitted facts and proposed stipulations of facts; petition.

(d) The disputed factual and legal issues; Section 13. Provisional order awarding custody. - After an answer has been
filed or after expiration of the period to file it, the court may issue a provisional
(e) All the evidence to be presented, briefly stating or describing its nature order awarding custody of the minor. As far as practicable, the following order
and purpose; of preference shall be observed in the award of custody:

(f) The number and names of the witnesses and their respective affidavits (a) Both parents jointly;
which shall serve as the affiant's testimony on direct examination; and
(b) Either parent, taking into account all relevant considerations, especially
(g) Such other matters as the court may require to be included in the pre-trial the choice of the minor over seven years of age and of sufficient discernment,
brief. unless the parent chosen is unfit;

Failure to file the pre-trial brief or to comply with its required contents shall (c) The grandparent, or if there are several grandparents, the grandparent
have the same effect as failure to appear at the pre-trial. chosen by the minor over seven years of age and of sufficient discernment,
unless the grandparent chosen is unfit or disqualified;
Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails
to appear personally at the pre-trial, the case shall be dismissed, unless his (d) The eldest brother or sister over twenty-one years of age, unless he or
counsel or a duly authorized representative appears in court and proves a she is unfit or disqualified;
valid excuse for the non-appearance of the petitioner.
(e) The actual custodian of the minor over twenty-one years of age, unless
(b) If the respondent has filed his answer but fails to appear at the pre-trial, the former is unfit or disqualified; or
the petitioner shall be allowed to present his evidence ex parte. The court
(f) Any other person or institution the court may deem suitable to provide
proper care and guidance for the minor. (g) Marital misconduct;

Section 14. Factors to consider in determining custody. - In awarding custody, (h) The most suitable physical, emotional, spiritual, psychological and
the court shall consider the best interests of the minor and shall give educational environment for the holistic development and growth of the
paramount consideration to his material and moral welfare. The best interests minor; and
of the minor refer to the totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of security of the (i) The preference of the minor over seven years of age and of sufficient
minor encouraging to his physical, psychological and emotional development. discernment, unless the parent chosen is unfit.
It also means the least detrimental available alternative for safeguarding the
growth and development of the minor. Section 15. Temporary visitation rights. - The court shall provide in its order
awarding provisional custody appropriate visitation rights to the non-custodial
The court shall also consider the following: parent or parents, unless the court finds said parent or parents unfit or
disqualified.
(a) Any extrajudicial agreement which the parties may have bound
themselves to comply with respecting the rights of the minor to maintain The temporary custodian shall give the court and non custodial parent or
direct contact with the non custodial parent on a regular basis, except when parents at least five days' notice of any plan to change the residence of the
there is an existing threat or danger of physical, mental, sexual or emotional minor or take him out of his residence for more than three days provided it
violence which endangers the safety and best interests of the minor; does not prejudice the visitation rights of the non-custodial parent or parents.

(b) The desire and ability of one parent to foster an open and loving Section 16. Hold Departure Order. - The minor child subject of the petition
relationship between the minor and the other parent; shall not be brought out of the country without prior order from the court while
the petition is pending.
(c) The health, safety and welfare of the minor;
The court, motu proprio or upon application under oath, may issue ex parte a
(d) Any history of child or spousal abuse by the person seeking custody or hold departure order, addressed to the Bureau of Immigration and
who has had any filial relationship with the minor, including anyone courting Deportation, directing it not to allow the departure of the minor from the
the parent; Philippines without the permission of the court.

(e) The nature and frequency of contact with both parents; The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and Deportation
(f) Habitual use of alcohol, dangerous drugs or regulated substances; of the Department of Justice a copy of the hold departure order within
twenty-four hours from its issuance and through the fastest available means (b) To cease and desist from harassing, intimidating, or threatening such
of transmittal. minor or the other parent or any person to whom custody of the minor is
awarded;
The hold departure order shall contain the following information:
(c) To refrain from acts of commission or omission that create an
(a) The complete name (including the middle name), the date and place of unreasonable risk to the health, safety, or welfare of the minor;
birth, the nationality and the place of last residence of the person against
whom a hold departure order has been issued or whose departure from the (d) To permit a parent, or a party entitled to visitation by a court order or a
country has been enjoined; separation agreement, to visit the minor at stated periods;

(b) The complete title and docket number of the case in which the hold (e) To permit a designated party to enter the residence during a specified
departure order was issued; period of time in order to take personal belongings not contested in a
proceeding pending with the Family Court; and
(c) The specific nature of the case;
(f) To comply with such other orders as are necessary for the protection of the
(d) The date of the hold departure order; and minor.

(e) A recent photograph, if available, of the party against whom a hold Section 18. Judgment. - After trial, the court shall render judgment awarding
departure order has been issued or whose departure from the country has the custody of the minor to the proper party considering the best interests of
been enjoined. the minor.

The court may recall the hold departure order motu proprio, or upon verified If it appears that both parties are unfit to have the care and custody of the
motion of any of the parties after summary hearing, subject to such terms and minor, the court may designate either the paternal or maternal grandparent of
conditions as may be necessary for the best interests of the minor. the minor, or his oldest brother or sister, or any reputable person to take
charge of such minor, or commit him to any suitable home for children.
Section 17. Protection Order. - The court may issue a Protection Order
requiring any person: In its judgment, the court may order either or both parents to give an amount
necessary for the support, maintenance and education of the minor,
(a) To stay away from the home, school, business, or place of employment of irrespective of who may be its custodian. In determining the amount of
the minor, other parent or any other party, or from any other specific place support, the court may consider the following factors: (1) the financial
designated by the court; resources of the custodial and non-custodial parent and those of the minor;
(2) the physical and emotional health, special needs, and aptitude of the
minor; (3) the standard of living the minor has been accustomed to; and (4) The petition may likewise be filed with the Supreme Court, Court of Appeals,
the non-monetary contributions that the parents would make toward the care or with any of its members and, if so granted, the writ shall be enforceable
and well-being of the minor. 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
The court may also issue any order that is just and reasonable permitting the where the minor may be found for hearing and decision on the merits.
parent who is deprived of the care and custody of the minor to visit or have
temporary custody. 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
Section 19. Appeal. - No appeal from the decision shall be allowed unless the a copy of the decision.
appellant has filed a motion for reconsideration or new trial within fifteen days
from notice of judgment. 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
An aggrieved party may appeal from the decision by filing a Notice of Appeal records of the case shall not be released to non-parties without its approval.
within fifteen days from notice of the denial of the motion for reconsideration
or new trial and serving a copy thereof on the adverse parties. 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,
Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of 2003.
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.