Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support

March 23, 2021

A.M. No. 21-03-02-SC

RULES ON ACTION FOR SUPPORT AND PETITION FOR RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS OR JUDGMENTS ON SUPPORT

RESOLUTION

WHEREAS, pursuant to Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning the pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged;

WHEREAS, the Philippines is a member of the Hague Conference on Private International Law (HCCH), having acceded to the Statute of the HCCH effective 14 July 2010, as well as four (4) other HCCH Conventions, namely: 1) Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents; 2) Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; 3) Convention of 25 October 1980 on Civil Aspects of International Child Abduction; and 4) Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption;

WHEREAS, the National Government is considering the Philippines' possible accession to the HCCH Convention of 23 November 2007 on International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention), which will benefit many Filipinos seeking cross-border child and, to a limited extent, spousal support and facilitate the efficient recognition and enforcement of support decisions or judgments rendered by a foreign body or court;

WHEREAS, the current rules applicable to the recovery of support are either provisional in nature (Rule on Provisional Orders under A.M. No. 02-11-12-SC dated 4 March 2003), or those for ordinary civil actions, which do not take into account the unique and urgent nature of actions for support;

WHEREAS, there is a need to provide for an expedited procedure in actions for support and petitions for recognition and enforcement of foreign decisions or judgments on support;

WHEREAS, through Memorandum Order No. 58-2020 dated 10 September 2020 and 30 September 2020, the Special Committee on the Hague Convention on Child Support was created to study the Child Support Convention for the possible amendment of the existing rules of procedure, which is composed of the following:

 

Chairpersons:	Hon. Diosdado M. PeraltaChief Justice   Hon. Estela M. Perlas-BernabeSenior Associate Justice
Vice/Working Chairperson:	Hon. Jose Midas P. MarquezCourt Administrator
Members:	Hon. Geraldine C. Fiel-MacaraigAssociate Justice, Court of Appeals   Hon. Maria Theresa V. Mendoza-ArcegaAssociate Justice, Sandiganbayan   Hon. Lorifel Lacap PahimnaAssociate Justice, Sandiganbayan   Hon. Angelene Mary Q. Quimpo-SaleAssociate Justice, Court of Appeals   Hon. Cristina Javalera-SulitRTC Br. 140, Makati City   Hon. Cecilyn E. Burgos-VillavertRTC Br. 89, Quezon City   Hon. Sita Jose-ClementeRTC Br. 16, Malolos, Bulacan   Hon. Jose Lorenzo R. Dela RosaRTC Br. 4, City of Manila   Atty. Laura C.H. Del RosarioJudicial Reform Program Administrator   Atty. Dorothy L. PeraltaOffice of the Chief Justice, Representative
Consultants:	Hon. Teresita J. Leonardo-de CastroRetired Chief Justice   Hon. Rosalina L. Luna-PisonRetired Family Court Judge
Secretariat:	Atty. Rogelyn T. Adalid-Mendiola/Office of Senior Associate Justice Estela M. Perlas-Bernabe   Atty. Reynaline G. Tan-FranciscoPhilippine Judicial Academy   Atty. Camille Sue Mae L. TingOffice of the Court Administrator

 

NOW, THEREFORE, acting on the recommendation of the Chairpersons of the Special Committee on the Hague Convention on Child Support, the Court resolves to APPROVE the "Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support."

These Rules shall take effect on 31 May 2021 following their publication in two (2) newspapers of general circulation.

(SGD.) DIOSDADO M. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABESenior Associate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

(SGD.) RICARDO R. ROSARIOAssociate Justice

(SGD.) JHOSEP Y. LOPEZAssociate Justice

ATTACHMENT

Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support

RULE I

General Provisions

SECTION 1. Scope. — These Rules shall govern all actions for support filed by those entitled to support under the Family Code of the Philippines and other laws obliging an individual to provide support to another person, including petitions for recognition and enforcement of foreign judgments or decisions for support.

These Rules shall not preclude the filing of a verified application for support pendente lite under Rule 61, 2019 Amendments to the 1997 Revised Rules of Civil Procedure, and spousal and child support under the Rule on Provisional Orders, and shall apply to children regardless of the marital status of their parents.

SECTION 2. Objective. — These Rules provide a procedure for the determination of rights and obligations of individuals to give and receive support, and the recognition and prompt enforcement of judgments or decisions for support in accordance with applicable laws and international agreements, and promote the best interests of the child.

SECTION 3. Definitions. — For purposes of these Rules:

(a) Child is a person below 18 years of age, or 18 years of age and above who, because of a physical or mental disability, is unable to fully support himself or herself.

(b) Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his or her schooling or training for some profession, trade or vocation, even beyond the age of 18 years. Transportation shall include expenses in going to and from school, or to and from place of work.

(c) Court refers to a Family Court created pursuant to Sec. 3, Republic Act (R.A.) 8369 or the Family Courts Act of 1997; a court designated in accordance with Sec. 17 of the Act; or a single-sala or multiple-sala court handling family cases.

RULE II

Procedure for Action for Support

SECTION 4. Where to File; Venue. — An action for support shall be filed in the court which has territorial jurisdiction over the place where the plaintiff or defendant actually resides, at the election of the plaintiff.

If the defendant does not reside in the Philippines or his or her whereabouts are unknown, the action shall be filed in the court where the plaintiff resides, or where any property of the defendant is located in the Philippines.

SECTION 5. Pleadings Allowed. — The only pleadings allowed to be filed are the complaint, the answer thereto which may contain a compulsory counterclaim and/or cross-claim, and the answer to such counterclaim and/or cross-claim. All pleadings shall be verified.

No motion to dismiss the complaint shall be allowed except on the ground of lack of jurisdiction over the subject matter; that another action is pending between the same parties for the same cause; and that the cause of action is barred by a prior judgment, provided however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in the answer.

SECTION 6. How Commenced. — An action for support shall be commenced by filing a verified complaint, following the provisions of Rule 7, 2019 Amendments to the 1997 Revised Rules of Civil Procedure. If the complaint is sufficient in form and substance, the court where the action is pending shall immediately direct the clerk of court to issue summons to the defendant to be served together with a copy of the complaint and its annexes.

At any time before the rendition of judgment, an application for support pendente lite in accordance with Rule 61, 2019 Amendments to the 1997 Revised Rules of Civil Procedure may be filed in court.

SECTION 7. Summons. — Summons shall be issued and served pursuant to Rule 14, 2019 Amendments to the 1997 Revised Rules of Civil Procedure.

SECTION 8. When to File Responsive Pleading. — The defendant shall file his or her answer to the complaint within fifteen (15) calendar days after service of summons. The court may fix a longer period not exceeding sixty (60) calendar days from the service of summons in cases where the defendant is not a resident of the Philippines, or his or her whereabouts are unknown.

When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (15) calendar days after being served with a copy thereof. Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) calendar days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. This Section shall apply to the answers to an amended counterclaim and amended crossclaim.

A counterclaim or cross-claim must be answered within fifteen (15) calendar days from service.

A defendant may, for meritorious reasons, be granted an additional period of not more than fifteen (15) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer. A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper.

SECTION 9. Effect of Failure to Plead. — The failure to file a responsive pleading pursuant to these Rules shall be subject to the pertinent provisions of Rule 9, 2019 Amendments to the 1997 Revised Rules of Civil Procedure.

The failure to file an answer shall be without prejudice to an agreement entered into by the parties in the course of trial. Any settlement between the parties shall be reduced in writing, signed by the parties and submitted to the court for approval. The court shall not approve any compromise or agreement concerning future support and any waiver of the right to future support. Any compromise on future support and/or waiver of such right shall be considered invalid.

SECTION 10. Pre-Trial. — The rules on pre-trial under Rule 18, 2019 Amendments to the 1997 Rules of Civil Procedure shall apply, unless otherwise inconsistent with the provisions of this Section.

After the last responsive pleading has been served and filed, the branch clerk of court shall issue, within three (3) calendar days from filing, a notice of pre-trial which shall be set not later than thirty (30) calendar days from the filing of the last responsive pleading.

After the issues are joined and the parties failed to reach a settlement before the court, the latter shall refer the parties for mandatory court-annexed mediation (CAM), which shall not exceed thirty (30) calendar days without further extension. Only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution (JDR). The JDR shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the CAM.

Should there be no settlement between the parties, or no judgment on the pleadings or summary judgment is ordered by the court, the dates for reception of evidence shall be set.

The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution. The failure without just cause of a party and/or counsel to produce the evidence required shall be deemed a waiver to present such evidence.

When duly notified, the failure of the plaintiff and counsel to appear without valid cause or to file a pre-trial brief shall cause the dismissal of the action with prejudice unless otherwise ordered by the court.

A similar failure on the part of the defendant and counsel shall be a cause to allow the plaintiff to present his or her evidence ex parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered by the plaintiff.

SECTION 11. Trial. — The presentation of the plaintiff's evidence shall be set within five (5) calendar days after the prescribed period to conduct CAM and/or JDR is completed. The plaintiff shall complete the presentation of evidence within thirty (30) calendar days from initial trial.

The initial presentation of defendant's evidence shall be set within five (5) calendar days from the date of ruling on the plaintiff's offer of evidence, which shall be made orally in accordance with Sections 34 to 40, Rule 132, 2019 Amendments to the 1989 Revised Rules on Evidence. The defendant shall complete the presentation of evidence within thirty (30) calendar days from initial presentation of defendant's evidence.

SECTION 12. Guidelines in Fixing Support. — In determining support pendente lite and in the judgment, the court may be guided by the following factors:

A. For Child Support —

(a) The common children of the spouses or parties shall be supported from the properties of the absolute community, or the conjugal partnership, or properties owned in common, or their separate properties, as the case may be.

(b) Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of their child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

(c) In determining the amount of support, the court may likewise consider the following factors: (1) the financial resources of the custodial and non-custodial parent and those of the child; (2) the physical and emotional health of the child and his or her special needs and aptitudes; (3) the standard of living the child has been accustomed to; and (4) the non-monetary contributions that the parents will make toward the care and well-being of the child.

(d) The court may direct the deduction of the amount of support from the salary of the parent/s.

B. For Spousal Support —

(a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community, or the conjugal partnership, or from their separate properties, as the case may be.

(b) The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage.

(c) The court may likewise consider the following factors: (1) whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; (2) the time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment; (3) the duration of the marriage; (4) the comparative financial resources of the spouses, including their comparative earning abilities; (5) the needs and obligations of each spouse; (6) the contribution of each spouse to the marriage, including services rendered in home-making, child care, education, and career building of the other spouse; (7) the age and health condition of the spouses; (8) the ability of the supporting spouse to give support, taking into account that spouse's earning capacity, income, assets, and standard of living; and (9) any other factor the court may deem just and equitable.

(d) The court may direct the deduction of the amount of support from the salary of the spouse.

SECTION 13. Rendition of Judgment. — The court shall render judgment within a period of thirty (30) calendar days upon admission of the evidence. The court may direct the parties to submit their respective memoranda within a non-extendible period of ten (10) calendar days, which shall neither extend nor suspend the period to render judgment.

The amount of support in the judgment may be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

SECTION 14. Appeal. — The judgment may be appealed within a period of fifteen (15) calendar days from receipt of the decision by filing a notice of appeal with the court and the payment of docket fees.

SECTION 15. Execution. — The judgment of the court is immediately executory. An appeal from the judgment shall not stay the execution thereof. Any petition for certiorari, prohibition or mandamus will not cause the suspension of the proceedings or execution of judgment, unless a restraining order is issued by the proper court.

SECTION 16. Satisfaction of Judgment. — The concerned officer shall enforce execution of the judgment for support by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment oblige, or any other form of payment acceptable to the latter in accordance with Section 9, Rule 39, 2019 Amendments to the 1997 Rules of Civil Procedure.

If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment oblige, any of the following measures may be availed of:

(a) Garnishment of debts and other credits;

(b) Satisfaction by levy;

(c) Deduction from salary;

(d) Withholding of pension, retirement and other funds;

(e) Such other measures authorized by law and the rules of procedure.

Without resorting to the foregoing measures, on joint motion, the parties may avail of CAM for purposes of voluntary compliance with the judgment.

RULE III

Procedure for Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support

SECTION 17. Who May File. — As authorized by law, any person entitled to support may file a petition for recognition and/or enforcement of a foreign decision or judgment on support with the court.

The petition may be filed by the Public Attorney's Office (PAO) on behalf of a petitioner. The PAO shall provide legal assistance to the petitioner upon proper request or application made pursuant to its mandate under the law.

For purposes of this Rule, a foreign judgment or decision means a conclusion reached regarding an issue involving support rendered by a judicial or administrative authority of another State. It shall include a settlement or agreement in writing relating to the payment of support concluded before, or approved by, a judicial or administrative authority. An administrative authority means a government or public body whose decision has the same force and effect as a decision rendered by a court or a judicial authority.

SECTION 18. Where to File. — A petition for recognition and/or enforcement of a foreign judgment or decision for support may be filed in the court which has territorial jurisdiction over the place where the petitioner or respondent actually resides, at the election of the petitioner. It may also be filed in the court having territorial jurisdiction over the place where any of the properties of the respondent is located, if said respondent does not reside in the Philippines or his or her whereabouts are unknown.

SECTION 19. What and How to File. — The recognition and/or enforcement of a foreign judgment or decision for support shall be commenced by the filing of a verified petition, which must allege the following:

(a) The names and respective contact details, including addresses, email addresses, and dates of birth of the petitioner and the respondent;

(b) The name and date of birth of the person for whom support is sought;

(c) Basis of the petition;

(d) The enforceability of the decision or judgment in the State where it was rendered;

(e) Financial circumstances of the petitioner;

(f) Financial circumstances of the respondent, including the name and address of the employer, nature and location of the assets of the respondent; and

(g) Any other information that may assist in the location of the respondent.

SECTION 20. Attachments to the Petition. — The verified petition shall be accompanied by the following:

(a) The complete text of the judgment or decision and related supporting documents duly authenticated or apostillised by the authorized official of the State where the judgment or decision was rendered. If the judgment or decision and other documents are not written in the English language, the same shall be accompanied by an English or Filipino translation, duly verified by the Philippine Consular office in the State where the judgment or decision was rendered. The cost of translation shall be borne by the petitioner;

(b) A certification from the appropriate judicial or administrative authority stating that the judgment or decision is enforceable in the State where it was rendered;

(c) A verified statement that the respondent had proper notice of the proceedings in the State where the judgment or decision was rendered and an opportunity to be heard and challenge or appeal the decision on fact and law;

(d) Where applicable, a document showing the amount of any arrears and the date such amount was computed; and

(e) Where the decision provides for automatic adjustment, a document providing the information necessary to make the appropriate computations.

SECTION 21. Procedure When Filed. —

(a) Within five (5) calendar days from receipt of the petition, the court shall set the case for hearing not later than thirty (30) calendar days from the filing of the petition and cause reasonable notice to be given to the petitioner and respondent and their respective counsels, if any. The notice shall include an order directing the respondent to file a verified comment within five (5) calendar days from receipt thereof.

(b) The court may, motu proprio, dismiss the petition if the same is not sufficient in form and substance, or if the judgment or decision sought to be enforced is manifestly contrary to law or public policy.

(c) The court shall deny the petition if the bases for recognition and enforcement of the judgment or decision in Section 23 of this Rule do not exist; if there are grounds for refusing recognition and enforcement as stated in Section 24 of this Rule; or, from the face of the documents submitted, there are concerns relating to their authenticity or integrity.

(d) The court may likewise deny the petition if support has already been given and fulfilled, or the obligation has been extinguished under Philippine law.

SECTION 22. Notice and Hearing. — Notices shall be sent to the parties through the means available under Rule 13, 2019 Amendments to the 1997 Revised Rules on Civil Procedure. The physical presence of the child or the applicant for support is not required at any stage of the proceedings.

SECTION 23. Bases for Recognition and Enforcement. — The foreign judgment or decision for support shall be recognized and enforced if it meets any of the following criteria:

(a) Either the petitioner or the respondent was a habitual resident in the State where the decision was rendered at the time proceedings were instituted; or

(b) The respondent had submitted to the jurisdiction of the judicial or administrative authority of another State, either expressly or by defending on the merits without objecting to the jurisdiction at the first available opportunity.

Partial recognition or enforcement can be applied for, and the court may recognize or enforce such severable parts of the foreign judgment or decision which can be so recognized or enforced.

SECTION 24. Grounds for Refusing Recognition and Enforcement. — The court, after hearing, may refuse recognition and/or enforcement in any of the following circumstances:

(a) The foreign judgment or decision sought to be recognized or enforced is contrary to law or public policy;

(b) The foreign judgment or decision was obtained through fraud in connection with a matter of procedure;

(c) Proceedings between the same parties and for the same purpose were first instituted and still pending before another court;

(d) The decision is incompatible with a decision rendered by another court between the same parties and having the same purpose;

(e) The respondent was neither notified of nor represented in the proceedings in the court or administrative authority of the State which rendered the decision sought to be enforced and recognized;

(f) The respondent did not have proper notice of the decision and an opportunity to challenge or appeal the same; or

(g) The respondent adduces competent evidence showing the fulfillment of his or her obligation to the extent that the recognition and enforcement relates to payments that fell due in the past.

SECTION 25. Decision. —

(a) A decision granting a petition for recognition and/or enforcement of a foreign decision or judgment shall be rendered by the court after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

(b) The court shall not review the merits of the foreign decision or judgment of a judicial or administrative authority. It shall also be bound by the findings of fact on which the said judicial or administrative authority based its jurisdiction.

(c) The court shall act expeditiously in conducting the proceedings and render a decision within thirty (30) calendar days from the oral offer of evidence in accordance with Sections 34 to 40, Rule 132, 2019 Amendments to the 1989 Revised Rules on Evidence.

(d) The decision becomes final upon the expiration of fifteen (15) calendar days from notice to the parties. No motion for reconsideration or new trial shall be entertained. Entry of judgment shall be made if no appeal is filed by any of the parties.

SECTION 26. Appeal. — An aggrieved party may appeal from the decision by filing a Notice of Appeal within fifteen (15) calendar days from notice of the decision and serving a copy thereof on the adverse party.

An appeal may only be founded on the following:

(a) Absence of bases for recognition and enforcement as enumerated in Section 23 of this Rule;

(b) Grounds exist for refusing recognition and enforcement as set out in Section 24 of this Rule;

(c) There are questions or issues regarding the authenticity or integrity of the foreign judgment or decision or any of documents required under Section 19 hereof; or

(d) On the ground of fulfillment of the obligation.

SECTION 27. Judgment Not Stayed by Appeal. — Any appeal shall not stay the enforcement of the decision, unless a restraining order has been issued by the appellate court.

SECTION 28. Execution of Judgments, How Enforced. — A final and executory judgment shall be promptly enforced without the need of further action by the petitioner, pursuant to the execution and enforcement measures under Section 16 of these Rules.

RULE IV

Common Final Provisions

SECTION 29. Confidentiality of Proceedings and Protection of Personal Data. — The court may order the exclusion of persons who do not have any direct interest in the proceedings. The records of the case shall be confidential and shall not be released or disclosed to non-parties without the court's written approval. Further, personal data gathered or transmitted to the PAO, to the parties/and or their counsel, or to the court shall be used only for the purposes for which they were gathered or transmitted.

SECTION 30. Nondisclosure of Information in Exceptional Circumstances. — If the plaintiff or petitioner alleges in an affidavit or a pleading under oath that the health, safety, or liberty of the person entitled to support would be jeopardized by the disclosure of specific identifying information, as in cases where there is a risk of domestic violence or child abduction, that information must be sealed and may not be disclosed to the other party or the public. After hearing in which the court takes into consideration the health, safety, or liberty of the person entitled to support, the court may order the disclosure of information that it may determine to be in the interest of justice.

SECTION 31. Suppletory Application. — The 2019 Amendments to the 1997 Revised Rules on Civil Procedure shall apply suppletorily.

SECTION 32. Effectivity. — These Rules shall take effect on 31 May 2021 following their publication in two (2) newspapers of general circulation.

Published in the Manila Bulletin and Philippine Daily Inquirer on May 15, 2021.