Republic of the Philippines

SUPREME COURT
Manila
EN BANC
A.M. No. 02-11-10-SC March 4, 2003
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLIT OF
!OID MARRIA"ES AND ANNULMENT OF !OIDABLE MARRIA"ES
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court
submitting for this Court's consideration and approval the Proposed Rule on Declaration
of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, the Court
Resolved to APPRV! the same"
#he Rule shall ta$e effect on March %&, '(() follo*ing its publication in a ne*spaper of
general circulation not later than March +, '(()
March ,, '(()
Davide, C.J. Bellosillo, Puno, Vitug Mendoza, Panganiban, Quisumbing, Sandoval-
Gutierrez, Carpio, ustria-Martinez, Carpio Morales, Calle!o, Sr. and z"una
#nares-Santiago, on leave
Corona, on o$$i"ial leave
RULE ON DECLARATION OF ABSOLUTE NULLIT OF !OID MARIA"ES
AND ANNULMENT OF !OIDABLE MARRIA"ES
S#c$%o& 1. S"ope - #his Rule shall govern petitions for declaration of absolute nullity of
void marriages and annulment of voidable marriages under the .amily Code of te
Philippines"
#he Rules of Court shall apply suppletorily"
S#c$%o& 2. Petition $or de"laration o$ absolute nullit% o$ void marriages.
&a' ()o ma% $ile. - A petition for declaration of absolute nullity of void marriage may
be filed solely by the husband or the *ife" /n0
&b' ()ere to $ile. - #he petition shal be filed in the .amily Court"
&"' *mpre"riptibilit% o$a"tion or de$ense. - An Action or defense for the declaration of
absolute nullity of void marriage shall not prescribe"
&d' ()at to allege. - A petition under Article )1 of .amily Code shall specially allege
te complete facts sho*ing the either or both parties *ere psychologically
incapacitated from complying *ith the essential marital obligations of marriages at
the time of the celebration of marriage even if such incapacity becomes manifest only
after its celebration"
#he complete facts should allege the physical manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration of the marriage but e2pert opinion
need not be alleged"
S#c$%o& 3. Petition $or annulment o$ voidable marriages. -
&a' ()o ma% $ile. - #he follo*ing persons may file a petition for annulment of
voidable marriage based on any of the grounds under article ,& of the .amily Code
and *ithin the period herein indicated3
/%0 #he contracting party *hose parent, or guardian, or person e2ercising
substitute parental authority did not give his or her consent, *ithin five years after
attaining the age of t*enty-one unless, after attaining the age of t*enty-one, such
party freely cohabitated *ith the other as husband or *ife4 or the parent, guardian
or person having legal charge of the contracting party , at any time before such
party has reached the age of t*enty-one4
/'0 #he sane spouse *ho had no $no*ledge of the other's insanity4 or by any
relative, guardian, or person having legal charge of the insane, at any time before
the death of either party4 or by the insane spouse during the a lucid interval or
after regaining sanity, provided that the petitioner , after coming to reason, has not
freely cohabited *ith the other as husband or *ife4
/)0 #he in5ured party *hose consent *as obtained by fraud, *ithin five years after
the discovery of the fraud, provided that said party, *ith full $no*ledge of the
facts constituting the fraud, has not freely cohabited *ith the other as husband or
*ife4
/,0 #he in5ured party *hose consent *as obtained by force, intimidation, or undue
influence, *ithin five years from the time the force intimidation, or undue
influence disappeared or ceased, provided that the force, intimidation, or undue
influence having disappeared or ceased, said party has not thereafter freely
cohabited *ith the other as husband or *ife4
/&0 #he in5ured party *here the other spouse is physically incapable of
consummating the marriage *ith the other and such incapability continues and
appears to be incurable, *ithin five years after the celebration of marriage4 and
/10 #e in5ured party *here the other party *as afflicted *ith a se2ually-
transmissible disease found to be serious and appears to be incurable, *ithin five
years after the celebration of marriage"
&b' ()ere to $ile. - #he petition shall be filed in the .amily Court"
S#c$%o& 4. Venue. - #he Petition shall be filed in the .amily Court of the province or city
*here the petitioner or the respondent has been residing for at least si2 months prior to
the date of filing" r in the case of non-resident respondent, *here he may be found in
the Philippines, at the election of the petitioner"
S#c$%o& '. Contents and $orm o$ petition. - /%0 #he petition shall allege the complete facts
constituting the cause of action"
/'0 6t shall state the names and ages of the common children of the parties and specify
the regime governing their property relations, as *ell as the properties involved"
6f there is no ade7uate provision in a *ritten agreement bet*een the parties, the
petitioner may apply for a provisional order for spousal support, the custody and
support of common children, visitation rights, administration of community or
con5ugal property, and other matters similarly re7uiringurgent action"
/)0 6t must be verified and accompanied celebration of marriage" /b0 8here to file"-
#he petition shall be filed in the .amily Court"
S#c$%o& 4. Venue. - #he petition shall be filed in the .amily Court of the province or city
*here the petitioner or the respondent has been residing for at least si2 months prior to
the date of filing, or in the case of a non-resident respondent, *here he may be found in
the Philippines at the election of the petitioner"
S#c$%o& '. Contents and $orm o$ petition. - /%0 #he petition shall allege the complete facts
constituting the cause of action"
/'0 it shall state the names and ages of the common children of the parties and specify
the regime governing their property relations, as *ell as the properties involved"
6f there is no ade7uate provision in a *ritten agreement bet*een the parties, the
petitioner may apply for a provisional order for spousal support, custody and support
of common children, visitation rights, administration of community or con5ugal
property, and other matters similarly re7uiring urgent action"
/)0 it must be verified and accompanied by a certification against forum shopping"
#he verification and certification must be signed personally by me petitioner" No
petition may be filed solely by counsel or through an attorney-in-fact"
6f the petitioner is in a foreign country, the verification and certification against forum
shopping shall be authenticated by the duly authori9ed officer of the Philippine
embassy or legation, consul general, consul or vice-consul or consular agent in said
country"
/,0 it shall be filed in si2 copies" #he petitioner shall serve a copy of the petition on
the ffice of the :olicitor ;eneral and the ffice of the City or Provincial Prosecutor,
*ithin five days from the date of its filing and submit to the court proof of such
service *ithin the same period"
.ailure to comply *ith any of the preceding re7uirements may be a ground for
immediate dismissal of the petition"
S#c$%o& (. Summons. - #he service of summons shall be governed by Rule %, of the
Rules of Court and by the follo*ing rules3
/%0 8here the respondent cannot be located at his given address or his *hereabouts
are un$no*n and cannot be ascertained by diligent in7uiry, service of summons may,
by leave of court, be effected upon him by publication once a *ee$ for t*o
consecutive *ee$s in a ne*spaper of general circulation in the Philippines and in
such places as the court may order 6n addition, a copy of the summons shall be served
on the respondent at his last $no*n address by registered mail or any other means the
court may deem sufficient"
/'0 #he summons to be published shall be contained in an order of the court *ith the
follo*ing data3 /a0 title of the case4 /b0 doc$et number4 /c0 nature of the petition4 /d0
principal grounds of the petition and the reliefs prayed for4 and /e0 a directive for the
respondent to ans*er *ithin thirty days from the last issue of publication"
S#c$%o& ). Motion to dismiss. - No motion to dismiss the petition shall be allo*ed e2cept
on the ground of lac$ of 5urisdiction over the sub5ect matter or over the parties4 provided,
ho*ever, that any other ground that might *arrant a dismissal of the case may be raised
as an affirmative defense in an ans*er"
S#c$%o& *. ns+er. - /%0 #he respondent shall file his ans*er *ithin fifteen days from
service of summons, or *ithin thirty days from the last issue of publication in case of
service of summons by publication" #he ans*er must be verified by the respondent
himself and not by counsel or attorney-in-fact"
/'0 6f the respondent fails to file an ans*er, the court shall not declare him or her in
default"
/)0 8here no ans*er is filed or if the ans*er does not tender an issue, the court shall
order the public prosecutor to investigate *hether collusion e2ists bet*een the
parties"
S#c$%o& +. *nvestigation report o$ publi" prose"utor. - /%0 8ithin one month after receipt
of the court order mentioned in paragraph /)0 of :ection < above, the public prosecutor
shall submit a report to the court stating *hether the parties are in collusion and serve
copies thereof on the parties and their respective counsels, if any"
/'0 6f the public prosecutor finds that collusion e2ists, he shall state the on the finding
of collusion *ithin ten days from receipt of a copy of a report #he court shall set the
report for hearing and 6f convinced that the parties are in collusion, it shall dismiss the
petition"
/)0 6f the public prosecutor reports that no collusion e2ists, the court shall set the case
for pre-trial" 6t shall be the duty of the public prosecutor to appear for the :tate at the
pre-trial"
S#c$%o& 10. So"ial +or,er. - #he court may re7uire a social *or$er to conduct a case
study and submit the corresponding report at least three days before the pre-trial" #he
court may also re7uire a case study at any stage of the case *henever necessary"
S#c$%o& 11. Pre-trial. -
&-' Pre-trial mandator%. - A pre-trial is mandatory" n motion or motu proprio, the
court shall set the pre-trial after the last pleading has been served and filed, or upon
receipt of the report of the public prosecutor that no collusion e2ists bet*een the
parties"
&.' /oti"e o$ pre-trial. - /a0 #he notice of pre-trial shall contain3
/%0 the date of pre-trial conference4 and
/'0 an order directing the parties to file and serve their respective pre-trial
briefs in such manner as shall ensure the receipt thereof by the adverse party
at least three days before the date of pre-trial"
/b0 #he notice shall be served separately on the parties and their respective
counsels as *ell as on the public prosecutor" 6t shall be their duty to appear
personally at the pre-trial"
/c0 Notice of pre-trial shall be sent to the respondent even if he fails to file an
ans*er" 6n case of summons by publication and the respondent failed to file his
ans*er, notice of pre-trial shall be sent to respondent at his last $no*n address"
S#c$%o& 12. Contents o$ pre-trial brie$. - #he pre-trial brief shall contain the follo*ing3
/a0 A statement of the *illingness of the parties to enter into agreements as may be
allo*ed by la*, indicating the desired terms thereof4
/b0 A concise statement of their respective claims together *ith the applicable la*s
and authorities4
/c0 Admitted facts and proposed stipulations of facts, as *ell as the disputed factual
and legal issues4
/d0 All the evidence to be presented, including e2pert opinion, if any, briefly stating or
describing the nature and purpose thereof4
/e0 #he number and names of the *itnesses and their respective affidavits4 and
/f0 :uch other matters as the court may re7uire"
.ailure to file the pre-trial brief or to comply *ith its re7uired contents shall have the
same effect as failure to appear at the pre-trial under the succeeding paragraphs"
S#c$%o& 13. 0$$e"t o$ $ailure to appear at t)e pre-trial. - =a0 6f the petitioner fails to
appear personally, the case shall be dismissed unless his counsel or a duly authori9ed
representative appears in court and proves a valid e2cuse for the non-appearance of the
petitioner"
/b0 6f the respondent has filed his ans*er but fails to appear, the court shall proceed
*ith the pre-trial and re7uire the public prosecutor to investigate the non-appearance
of the respondent and submit *ithin fifteen days thereafter a report to the court stating
*hether his non-appearance is due to any collusion bet*een the parties" 6f there 6s no
collusion, the court shall re7uire the public prosecutor to intervene for the :tate
during the trial on the merits to prevent suppression or fabrication of evidence"
S#c$%o& 14. Pre-trial "on$eren"e. -At the pre-trial conference, the court3
/a0 May refer the issues to a mediator *ho shall assist the parties in reaching an
agreement on matters not prohibited by la*"
#he mediator shall render a report *ithin one month from referral *hich, for good
reasons, the court may e2tend for a period not e2ceeding one month"
/b0 6n case mediation is not availed of or *here it fails, the court shall proceed *ith
the pre-trial conference, on *hich occasion it shall consider the advisability of
receiving e2pert testimony and such other ma$ers as may aid in the prompt
disposition of the petition"
S#c$%o& 1'. Pre-trial order. - =a0 #he proceedings in the pre-trial shall be recorded" >pon
termination of the pre-trial, the court shall 6ssue a pre-trial order *hich shall recite in
detail the matters ta$en up 6n the conference, the action ta$en thereon, the amendments
allo*ed on the pleadings, and e2cept as to the ground of declaration of nullity or
annulment, the agreements or admissions made by the parties on any of the matters
considered, including any provisional order that may be necessary or agreed upon by the
parties"
/b0 :hould the action proceed to trial, the order shall contain a recital of the
follo*ing4
/%0 .acts undisputed, admitted, and those *hich need not be proved sub5ect to
:ection %1 of this Rule4
/'0 .actual and legal issues to be litigated4
/)0 !vidence, including ob5ects and documents, that have been mar$ed and *ill be
presented4
/,0 Names of *itnesses *ho *ill be presented and their testimonies in the form of
affidavits4 and
/&0 :chedule of the presentation of evidence"
/c0 #he pre-trial order shall also contain a directive to the public prosecutor to appear
for the :tate and ta$e steps to prevent collusion bet*een the parties at any stage of the
proceedings and fabrication or suppression of evidence during the trial on the merits"
/d0 #he parlies shall not be allo*ed to raise issues or present *itnesses and evidence
other than those stated in the pre-trial order"
#he order shall control the trial of the case, unless modified by the court to prevent
manifest in5ustice"
/e0 #he parties shall have five days from receipt of the pre-trial order to propose
corrections or modifications"
S#c$%o& 1(. Pro)ibited "ompromise. - #he court-shall not allo* compromise on
prohibited matters, such as the follo*ing3
/a0 #he civil status of persons4
/b0 #he validity of a marriage or of a legal separation4
/c0 Any ground for legal separation4
/d0 .uture support4
/e0 #he 5urisdiction of courts4 and
/f0 .uture legitime"
S#c$%o& 1). 1rial. - /%0 #he presiding 5udge shall personally conduct the trial of the case"
No delegation of the reception of evidence to a commissioner shall be allo*ed e2cept as
to matters involving property relations of the spouses"
/'0 #he grounds for declaration of absolute nullity or annulment of marriage must be
proved" No 5udgment on the pleadings, summary 5udgment, or confession of
5udgment shall be allo*ed"
/)0 #he court may order the e2clusion from the courtroom of all persons, including
members of the press, *ho do not have a direct interest in the case" :uch an order
may be made if the court determines on the record that re7uiring a party to testify in
open court *ould not enhance the ascertainment of truth4 *ould cause to the party
psychological harm or inability to effectively communicate due to embarrassment,
fear, or timidity4 *ould violate the right of a party to privacy4 or *ould be offensive
to decency or public morals"
/,0 No copy shall be ta$en nor any e2amination or perusal of the records of the case
or parts thereof be made by any person other than a party or counsel of a party, e2cept
by order of the court"
S#c$%o& 1*. Memoranda. - #he court may re7uire the parties and the public prosecutor, in
consultation *ith the ffice of the :olicitor ;eneral, to file their respective memoranda
support of their claims *ithin fifteen days from the date the trial is terminated" 6t may
re7uire the ffice of the :olicitor ;eneral to file its o*n memorandum if the case is of
significant interest to the :tate" No other pleadings or papers may be submitted *ithout
leave of court" After the lapse of the period herein provided, the case *ill be considered
submitted for decision, *ith or *ithout the memoranda"
S#c$%o& 1+. De"ision. - /%0 6f the court renders a decision granting the petition, it shall
declare therein that the decree of absolute nullity or decree of annulment shall be issued
by the court only after compliance *ith Article &( and &% of the .amily Code as
implemented under the Rule on ?i7uidation, Partition and Distribution of Properties"
/'0 #he parties, including the :olicitor ;eneral and the public prosecutor, shall be
served *ith copies of the decision personally or by registered mail" 6f the respondent
summoned by publication failed to appear in the action, the dispositive part of the
decision shall be published once in a ne*spaper of general circulation"
/)0 #he decision becomes final upon the e2piration of fifteen days from notice to the
parties" !ntry of 5udgment shall be made if no motion for reconsideration or ne* trial,
or appeal 6s filed by any of the parties the public prosecutor, or the :olicitor ;eneral"
/,0 >pon the finality of the decision, the court shall forth*ith issue the corresponding
decree if the parties have no properties"
6f the parties have properties, the court shall observe the procedure prescribed in :ection
'% of this Rule"
#he entry of 5udgment shall be registered in the Civil Registry *here the marriage *as
recorded and 6n the Civil Registry *here the .amily Court'granting the petition for
declaration of absolute nullity or annulment of marriage is located"
S#c$%o& 20. ppeal. -
&-' Pre-"ondition. - No appeal from the decision shall be allo*ed unless the appellant
has filed a motion for reconsideration or ne* trial *ithin fifteen days from notice of
5udgment"
&.' /oti"e o$ appeal. - An aggrieved party or the :olicitor ;eneral may appeal from
the decision by filing a Notice of Appeal *ithin fifteen days from notice of denial of
the motion for reconsideration or ne* trial" #he appellant shall serve a copy of the
notice of appeal on the adverse parties"
S#c$%o& 21. 2i3uidation, partition and distribution, "ustod%, support o$ "ommon ")ildren
and deliver% o$ t)eir presumptive iegltimes. - >pon entry of the 5udgment granting the
petition, or, in case of appeal, upon receipt of the entry of 5udgment of the appellate court
granting the petition, the .amily Court, on motion of either party, shall proceed *ith the
li7uidation, partition and distribution of the properties of the spouses, including custody,
support of common children and delivery of their presumptive legitimes pursuant to
Articles &( and &% of the .amily Code unless such matters had been ad5udicated in
previous 5udicial proceedings"
S#c$%o& 22. *ssuan"e o$ De"ree o$ De"laration o$ bsolute /ullit% or nnulment o$
Marriage.4 /a0 #he court shall issue the Decree after4
/%0 Registration of the entry of 5udgment granting the petition for declaration of
nullity or annulment of marriage in the Civil Registry *here the marriage *as
celebrated and in the Civil Registry of the place *here the .amily Court is
located4
/'0 Registration of the approved partition and distribution of the properties of the
spouses, in the proper Register of Deeds *here the real properties are located4 and
/)0 #he delivery of the children's presumptive legitimes in cash, property, or
sound securities"
/b0 #he court shall 7uote in the Decree the dispositive portion of the 5udgment entered
and attach to the Decree the approved deed of partition"
!2cept in the case of children under Articles )1 and &) of the .amily Code, the court
shall order the ?ocal Civil Registrar to issue an amended birth certificate indicating the
ne* civil status of the children affected"
S#c$%o& 23. 5egistration and publi"ation o$ t)e de"ree6 de"ree as best eviden"e. - /a0 #he
prevailing party shall cause the registration of the Decree in the Civil Registry *here the
marriage *as registered, the Civil Registry of the place *here the .amily Court is
situated, and in the National Census and :tatistics ffice" @e shall report td the court
compliance *ith this re7uirement *ithin thirty days from receipt of the copy of the
Decree"
/b0 6n case service of summons *as made by publication, the parties shall cause the
publication of the Decree once in a ne*spaper of general circulation"
/c0 #he registered Decree shall be the best evidence to prove the declaration of
absolute nullity or annulment of marriage and shall serve as notice to third persons
concerning the properties of petitioner and respondent as *ell as the properties or
presumptive legitimes delivered to their common children"
S#c$%o& 24. 0$$e"t o$ deat) o$ a part%6 dut% o$ t)e 7amil% Court or ppellate Court. - /a0
6n case a party dies at any stage of the proceedings before the entry of 5udgment, the court
shall order the case closed and terminated, *ithout pre5udice to the settlement of the
estate in proper proceedings in the regular courts"
/b0 6f the party dies after the entry of 5udgment of nullity or annulment, the 5udgment
shall be binding upon the parties and their successors in interest in the settlement of
the estate in the regular courts"
S#c$%o& 2'. 0$$e"tlvit%. - #his Rule shall ta$e effect on March %&, '(() follo*ing its
publication in a ne*spaper of general circulation not later than March +, '(()"
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A.M. No. 02-11-11-SC March 4, 2003
RE: PROPOSED RULE ON LE"AL SEPARATION
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court
submitting for this Court's consideration and approval the Proposed Rule on ?egal
:eparation, the Court Resolved to APPRV!D the same"
#he Rule shall ta$e effect on March %&, '(() follo*ing its publication in a ne*spaper of
general circulation not later than March +, '(()
March ,, '(()
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval
Gutierrez, Carpio, ustria-Martinez, Carpio-Morales, Calle!o, Sr. and z"una, JJ.
#nares-Santiago, on leave,
Corona, o$$i"iall% on leave.
RULE ON LE"AL SEPARATION
S#c$%o& 1. S"ope. - #his Rule shall govern petitions for legal separation under the .amily
Code of the Philippines"
#he Rules of Court shall apply suppletorily"
S#c$%o& 2. Petition. - /a0 ()o ma% and +)en to $ile. - /%0 A petition for legal separation
may be filed only by the husband or the *ife, as the case may be *ithin five years from
the time of the occurrence of any of the follo*ing causes3
/a0 Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner4
/b0 Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation4
/c0 Attempt of respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such corruption
or inducement4
/d0 .inal 5udgment sentencing the respondent to imprisonment of more than si2
years, even if pardoned4
/e0 Drug addiction or habitual alcoholism of the respondent4
/f0 ?esbianism or homose2uality of the respondent4
/g0 Contracting by the respondent of a subse7uent bigamous marriage, *hether in
or outside the Philippines4
/h0 :e2ual infidelity or perversion of the respondent4
/i0 Attempt on the life of petitioner by the respondent4 or
/50 Abandonment of petitioner by respondent *ithout 5ustifiable cause for more
than one year"
/b0 Contents and $orm. - #he petition for legal separation shall3
/%0 Allege the complete facts constituting the cause of action"
/'0 :tate the names and ages of the common children of the parties, specify the
regime governing their property relations, the properties involved, and creditors,
if any" 6f there is no ade7uate provision in a *ritten agreement bet*een the
parties, the petitioner may apply for a provisional order for spousal support,
custody and support of common children, visitation rights, administration of
community or con5ugal property, and other similar matters re7uiring urgent
action,
/)0 Ae verified and accompanied by a certification against forum shopping" #he
verification and certification must be personally signed by the petitioner" No
petition may be filed solely by counsel or through an attorney-in-fact" 6f the
petitioner is in a foreign country, the verification and certification against forum
shopping shall be authenticated by the duly authori9ed officer of the Philippine
embassy or legation, consul general, consul or vice-consul or consular agent in
said country
/,0 Ae filed in si2 copies" #he petitioner shall, *ithin five days from such filing,
furnish a copy of the petition to the City or Provincial Prosecutor and the
creditors, if any, and submit to the court proof of such service *ithin the same
period"
.ailure to comply *ith the preceding re7uirements may be a ground for
immediate dismissal of the petition"
/c0 Venue. - #he petition shall be filed in the .amily Court of the province or city
*here the petitioner or the respondent has been residing for at least si2 months prior
to the date of filing Bor in #he case of a non-resident respondent, *here he may be
found in the Philippines, at the election of the petitioner"
S#c$%o& 3. Summons. - #he service of summons shall be governed by Rule %, of the
Rules of Court and by the follo*ing rules3
/a0 8here the respondent cannot be located at his given address or his *hereabouts
are un$no*n and cannot be ascertained by diligent in7uiry, service of summons may,
by leave of court, be effected upon him by publication once a *ee$ for t*o
consecutive *ee$s in a ne*spaper of general circulation in the Philippines and in
such place as the court may order" 6n addition, a copy of the summons shall be served
on respondent at his last $no*n address by registered mail or by any other means the
court may deem sufficient"
/b0 #he summons to be published shall be contained in an order of the court *ith the
follo*ing data4 /%0 title of the case4 /'0 doc$et number4 /)0 nature of the petition4 /,0
principal grounds of the petition and the reliefs prayed for, and /&0 a directive for
respondent to ans*er *ithin thirty days from the last issue of publication"
S#c$%o& 4. Motion to Dismiss. - No motion to dismiss the petition shall be allo*ed e2cept
on the ground of lac$ of 5urisdiction over the sub5ect matter or over the parties4 provided,
ho*ever, that any other ground that might *arrant a dismissal of the case may be raised
as an affirmative defense in an ans*er"
S#c$%o& '. ns+er. - /a0 #he respondent shall file his ans*er *ithin fifteen days from
receipt of summons, or *ithin thirty days from the last issue of publication in case of
service of summons by publication" #he ans*er must be verified by respondent himself
and not by counsel or attorney-in-fact"
/b0 6f the respondent fails to file an ans*er, the court shall not declare him in default"
/c0 8here no ans*er is filedCor if the ans*er does not tender an issue the court shall
order the public prosecutor to investigate *hether collusion e2ists bet*een the
parties"
S#c$%o& (. *nvestigation 5eport o$ Publi" Prose"utor. - /a0 8ithin one one month after
receipt of the court order mentioned in paragraph /c0 of the preceeding section, the public
prosecutor shall submit a report to the court on *hether the parties are in collusion and
serve copies on the parties and their respective counsels, if any"
/b0 6f the public prosecutor finds that collusion e2ists, he shall state the basis thereof
in his report" #he parties shall file their respective comments on the finding of
collusion *ithin ten days from receipt of copy of the report" #he court shall set the
report for hearing and if convinced that parties are in collusion,-it shall dismiss the
petition"
/c0 6f the public prosecutor reports that no collusion e2ists, the court shall set the case
for pre-trial" 6t shall be the duty of the public prosecutor to appear for the :tate at the
pre-trial"
S#c$%o& ). So"ial (or,er. - #he court may re7uire a social *or$er to conduct a case study
and to submit the corresponding report at least three days before the pre-trial" #he court
may also re7uire a case study at any stage of the case *henever necessary,
S#c$%o& *. Pre-trial. -
/a0 Pre-trial mandatory"-A pre-trial is mandatory" n motion or motu proprio, the
court shall set the pre-trial after the last pleading has been served and filed, or upon
receipt of the report of the public prosecutor that no collusion e2ists bet*een the
parties on a date not earlier than si2 months from date of the filing of the petition"
/b0 Notice of Pre-trial"-/%0 #he notice of pre-trial shall contain3
/a0 the date of pre-trial conference4 and
/b0 an order directing the parties to file and serve their respective pre-trial
briefs in such manner as shall ensure the receipt thereof by the adverse party
at least three days before the date of pre-trial"
/'0 #he notice shall be served separately on the parties and their respective
counsels as *ell as on the public prosecutor" 6t shall be their duty to appear
personally at the pre-trial"
/)0 Notice of pre-trial shall be sent to the respondent even if he fails to file an
ans*er" 6n case of summons by publication and the respondent failed to file his
ans*er, notice of pre-trial shall be sent to respondent at his last $no*n address"
S#c$%o& +. Contents o$ pre-trial brie$. - #he pre-trial brief shall contain the follo*ing3
/%0 A statement of the *illingness of the parties to enter into agreements as may be
allo*ed by la*, indicating the desired terms thereof4
/'0 A concise statement of their respective claims together *ith the applicable la*s
and authorities4
/)0 Admitted facts and proposed stipulations of facts, as *ell as the disputed factual
and legal issues4
/,0 All the evidence to be presented, including e2pert opinion, if any, briefly stating or
describing the nature and purpose thereof4
/&0 #he number and names of the *itnesses and their respective affidavits4 and
/10 :uch other matters as the court may re7uire"
.ailure to file the pre-trial brief or to comply *ith its re7uired contents shall have the
same effect as failure to appear at the pre-trial under the succeeding section"
S#c$%o& 10. 0$$e"t o$ $ailure to appear at t)e pre-trial. - /%0 6f the petitioner fails to appear
personally, the case shall be dismissed unless his counsel or a duly authori9ed
representative appears in court and proves a valid e2cuse for the non-appearance of the
petitioner"
/'0 6f the respondent filed his ans*er but fails to appear, the court shall proceed *ith
the pre-trial and re7uire the public prosecutor to investigate the non-appearance of the
respondent and submit *ithin fifteen days a report to the court stating *hether his
non-appearance is due to any collusion bet*een the partiesC 6f there is no collusion
the court shall re7uire the public prosecutor to intervene for the :tate during the trial
on the"merits to prevent suppression or fabrication of evidence"
S#c$%o& 11. Pre-trial "on$eren"e. - At the pre-trial conference, the court may refer the
issues to a mediator *ho shall assist the parties in reaching an agreement on matters not
prohibited by la*"
#he mediator shall render a report *ithin one month from referral *hich, for good
reasons, the court may e2tend for a period not e2ceeding one month"
6n case mediation is not availed of or *here it fails, the court shall proceed *ith the pre-
trial conference, on *hich occasion it shall consider the advisability of receiving e2pert
testimony and such other matters as may aid in the prompt disposition of the petition"
S#c$%o& 12. Pre-trial order. - /a0 #he proceedings in the pre-trial shall be recorded" >pon
termination of the pre-trial, the court shall issue a pre-trial order *hich shall recite in
detail the matters ta$en up in the conference, the action ta$en thereon, the amendments
allo*ed on the pleadings, and, e2cept as to the ground of legal separation, the agreements
or admissions made by the parties on any of the matters considered, including any
provisional order that may be necessary or agreed upon by the parties"
/b0 :hould the action proceed to trial, the order shall contain a recital of the
follo*ing3
/%0 .acts undisputed, admitted, and those *hich need not be proved sub5ect to
:ection %) of this Rule4
/'0 .actual and legal issues to be litigated4
/)0 !vidence, including ob5ects and documents, that have been mar$ed and *ill be
presented4
/,0 Names of *itnesses *ho *ill be presented and their testimonies in the form of
affidavits4 and
/&0 :chedule of the presentation of evidence"
#he pre-trial order shall also contain a directive to the public prosecutor to appear for
the :tate and ta$e steps to prevent collusion bet*een the parties at any stage of the
proceedings and fabrication or suppression of evidence during the trial on the merits"
/c0 #he parties shall not be allo*ed to raise issues or present *itnesses and evidence
other than those stated in the pre-trial order" #he order shall control the trial of the
case unless modified by the court to prevent manifest in5ustice"
/d0 #he parties shall have five days from receipt of the pre-trial order to propose
corrections or modifications"
S#c$%o& 13. Pro)ibited "ompromise. - #he court shall not allo* compromise on
prohibited matters, such as the follo*ing3
/%0 #he civil status of persons4
/'0 #he validity of a marriage or of a legal separation4
/)0 Any ground lor legal separation4
/,0 .uture support4
/&0 #he 5urisdiction of courts4 and
/10 .uture legitime"
S#c$%o& 14. 1rial. - /a0 #he presiding 5udge shall personally conduct the trial of the case"
No delegation of the reception of evidence to a commissioner shall be allo*ed e2cept as
to matters involving property relations of the spouses"
/b0 #he grounds for legal separation must be proved" No 5udgment on the pleadings,
summary 5udgment, or confession of 5udgment shall be allo*ed"
/c0 #he court may order the e2clusion from the courtroom of all persons, including
members of the press, *ho do not have a direct interest in the case" :uch an order
may be made if the court determines on the record othat re7uiring a party to testify in
open court *ould not enhance the ascertainment of truth4 *ould cause to the party
psychological harm or inability to effectively communicate due to embarrassment,
fear, or timidity4 *ould violate the party's right to privacy4 or *ould be offensive to
decency
/d0 No copy shall be ta$en nor any e2amination or perusal of the records of the case
or parts thereof be made by any person other than a party or counsel of a party, e2cept
by order of the court"
S#c$%o& 1'. Memoranda. - #he court may re7uire the parties and the public prosecutor to
file their respective memoranda in support of their claims *ithin fifteen days from the
date the trial is terminated" No other pleadings or papers may be submitted *ithout leave
of court" After the lapse of the period herein provided, the case *ill be considered
submitted for decision, *ith or *ithout the memoranda"
S#c$%o& 1(. De"ision. - /a0 #he court shall deny the petition on any of the follo*ing
grounds3
/%0 #he aggrieved party has condoned the offense or act complained of or has
consented to the commission of the offense or act complained of4
/'0 #here is connivance in the commission of the offense-or act constituting the
ground for legal separation4
/)0 Aoth parties have given ground for legal separation4
/,0 #here is collusion bet*een the parties to obtain the decree of legal separation4
or
/&0 #he action is barred by prescription"
/b0 6f the court renders a decision granting the petition, it shall declare therein that the
Decree of ?egal :eparation shall be issued by the court only after full compliance
*ith li7uidation under the .amily Code"
@o*ever, in the absence of any property of"the parties, the court shall forth*ith issue
a Decree of ?egal :eparation *hich shall be registered in the Civil Registry *here the
marriage *as recorded and in the Civil Registry *here the .amily Court granting the
legal separation is located"
/c0 #he decision shall li$e*ise declare that3
/%0 #he spouses are entitled to live separately from each other but the marriage
bond is not severed4
/'0 #he obligation of mutual support bet*een the spouses ceases4 and
/)0 #he offending spouse is dis7ualified from inheriting from the innocent spouse
by intestate succession, and provisions in favor of the offending spouse made in
the *ill of the innocent spouse are revo$ed by operation of la*"
/d0 #he parties, including the :olicitor ;eneral and the public prosecutor, shall be
served *ith copies of the decision personally or by registered mail" 6f the respondent
summoned by publication failed to appear in the action, the dispositive part of the
decision shall also be published once in a ne*spaper of general circulation"
S#c$%o& 1). ppeal. -
&a' Pre-"ondition. - No appeal from the decision shall be allo*ed unless the appellant
has filed a motion for reconsideration or ne* trial *ithin fifteen days from notice of
5udgment"
&b' /oti"e o$ ppeal - An aggrieved party or the :olicitor ;eneral may appeal from
the decision by filing a Notice of Appeal *ithin fifteen days from notice of denial of
the motion for reconsideration or ne* trial" #he appellant shall serve a copy of the
notice of appeal upon the adverse parties"
S#c$%o& 1*. 2i3uidation, partition and distribution, "ustod%, and support o$ minor
")ildren. - >pon entry of the 5udgment granting the petition, or, in case of appeal, upon
receipt of the entry of 5udgment of the appellate court granting the petition, the .amily
Court, on motion of either party, shall proceed *ith the li7uidation, partition and
distribution of the properties of the spouses, including custody and support of common
children, under the .amily Code unless such matters had been ad5udicated in previous
5udicial proceedings"
S#c$%o& 1+. *ssuan"e o$ De"ree o$ 2egal Separation. - /a0 #he court shall issue the Decree
of ?egal :eparation after3
/%0 registration of the entry of 5udgment granting the petition tor legal separation
in the Civil Registry *here the marriage *as celebrated and in the Civil Registry
*here the .amily Court is located4 and
/'0 registration of the approved partition and distribution of the properties of the
spouses, in the proper Register of Deeds *here the real properties are located"
/b0 #he court shall 7uote in the Decree the dispositive portion of the 5udgment entered
and attach to the Decree the approved deed of partition"
S#c$%o& 20. 5egistration and publi"ation o$ t)e De"ree o$ 2egal Separation6 de"ree as
best eviden"e. -
/a0 Registration of decree"-#he prevailing party shall cause the registration of the
Decree in the Civil Registry *here the marriage *as registered, in the Civil Registry
of the place *here the .amily Court is situated, and in the National Census and
:tatistics ffice" @e shall report to the court compliance *ith this re7uirement *ithin
thirty days iron receipt of the copy of the Decree"
/b0 Publication of decree"-- 6n case service of summons *as made by publication, the
parties shall cause the publication of the Decree once in a ne*spaper of general
circulation"
/c0 Aest evidence"-#he registered Decree shall be the best evidence to prove the legal
separation of the parties and shall serve as notice to third persons concerning the
properties of petitioner and respondent"
S#c$%o& 21. 0$$e"t o$ deat) o$ a part%6 dut% o$ t)e 7amil% Court or ppellate Court. - /a0
6n case a party dies at any stage of me proceedings before the entry of 5udgment, the court
shall order the case closed and terminated *ithout pre5udice to the settlement of estate
proper proceedings in the regular courts"
/b0 6f the party dies after the entry of 5udgment, the same shall be binding upon the
parties and their successors in interest in the settlement of the estate in the regular
courts"
S#c$%o& 22. Petition $or revo"ation o$ donations. - /a0 8ithin five /&0 years from the date
the decision granting the petition for legal separation has become final, the innocent
spouse may file a petition under oath the same proceeding for legal separation to revo$e
the donations in favor of the offending spouse"
/b0#he revocation of the donations shall be recorded in the Register of Deeds of
Deeds in the places *here the properties are located"
/c0Alienations, liens, and encumbrances registered in good faith" before the recording
of the petition for revocation in the registries of property shall be respected"
/d0After the issuance of the Decree of ?egal :eparation, the innocent spouse may
revo$e the designation of the offending spouse as a beneficiary in any insurance
policy even if such designation be stipulated as irrevocable" #he revocation or change
shall ta$e effect upon *ritten notification thereof to the insurer"
S#c$%o& 23. De"ree o$ 5e"on"iliation. - /a0 6f the spouses had reconciled, a 5oint
manifestation under oath, duly signed by the spouses, may be filed in the same
proceeding for legal separation"
/b0 6f the reconciliation occurred *hile the proceeding for legal separation is pending,
the court shall immediately issue an order terminating the proceeding"
/c0 6f the reconciliation occurred after the rendition of the 5udgment granting the
petition for legal separation but before the issuance of the Decree, the spouses shall
e2press in their manifestation *hether or not they agree to revive the former regime
of their property relations or choose a ne* regime"
#he court shall immediately issue a Decree of Reconciliation declaring that the legal
separation proceeding is set aside and specifying the regime of property relations
under *hich the spouses shall be covered"
/d0 6f the spouses reconciled after the issuance of the Decree, the court, upon proper
motion, shall issue a decree of reconciliation declaring therein that the Decree is set
aside but the separation of property and any forfeiture of the share of the guilty
spouse already effected subsists, unless the spouses have agreed to revive their former
regime of property relations or adopt a ne* regime"
/e0 6n case of paragraphs /b0, /c0, and /d0" if the reconciled spouses choose to adopt a
regime of property relations different from that *hich they had prior to the filing of
the petition for legal separation, the spouses shall comply *ith :ection ', hereof"
/f0 #he decree of reconciliation shall be recorded in the Civil Registries *here the
marriage and the Decree had been registered"
S#c$%o& 24. 5evival o$ propert% regime or adoption o$ anot)er. -
/a0 6n case of reconciliation under :ection '), paragraph /c0 above, the parties shall
file a verified motion for revival of regime of property relations or the adoption of
another regime of property relations in the same proceeding for legal separation
attaching to said motion their agreement for the approval of the court"
/b0 #he agreement *hich shall be verified shall specify the follo*ing3
/%0 #he properties to be contributed to the restored or ne* regime4
/'0 #hose to be retained as separate properties of each spouse4 and
/)0 #he names of all their $no*n creditors, their addresses, and the amounts
o*ing to each"
/c0 #he creditors shall be furnished *ith copies of the motion and the agreement"
/d0 #he court shall re7uire the spouses to cause the publication of their verified
motion for t*o consecutive *ee$s in a ne*spaper of general circulation"
/e0 After due hearing, and the court decides to grant the motion, it shall issue an order
directing the parties to record the order in the proper registries of property *ithin
thirty days from receipt of a copy of the order and submit proof of compliance *ithin
the same period"
S#c$%o& 2'. 0$$e"tivit%. - #his Rule shall ta$e effect on March %&,'(() follo*ing its
publication in a ne*spaper of general circulation not later than March +, '(()"
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A.M. No. 02-11-12-SC March 4, 2003
RE: PROPOSED RULE ON PRO!ISIONAL ORDERS
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court
submitting for this Court's consideration and approval the Proposed Rule on Provisional
rders, the Court Resolved to APPRV!D the same"
#he Rule shall ta$e effect on March %&, '(() follo*ing its publication in a ne*spaper of
general circulation not later than March +, '(()
March ,, '(()
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval
Gutierrez, Carpio, ustria-Martinez, Carpio-Morales, Calle!o, Sr. and z"una, JJ.
#nares-Santiago, on leave,
Corona, o$$i"iall% on leave.
RULE ON PRO!ISIONAL ORDERS
S#c$%o& 1. ()en *ssued, - >pon receipt of a verified petition for declaration of absolute
nullity of void marriage or for annulment of voidable marriage, or for legal separation,
and at any time during the proceeding, the court, motu proprio or upon application under
oath of any of the parties, guardian or designated custodian, may issue provisional orders
and protection orders *ith or *ithout a hearing" #hese orders may be enforced
immediately, *ith or *ithout a bond, and for such period and under such termsB and
conditions as the court may deem necessary"
S#c$%o& 2. Spousal Support. - 6n determining support for the spouses, the court may be
guided by the follo*ing rules3
/a0 6n the absence of ade7uate provisions in a *ritten agreement bet*een the spouses,
the spouses may be supported from the properties of the absolute community or the
con5ugal partnership"
/b0 #he court may a*ard support to either spouse in such amount and for such period
of time as the court may deem 5ust and reasonable based on their standard of living
during the marriage"
/c0 #he court may li$e*ise consider the follo*ing factors3 /%0 *hether the spouse
see$ing support is the custodian of a child *hose circumstances ma$e it appropriate
for that spouse not to see$ outside employment4 /'0 the time necessary to ac7uire
sufficient education and training to enable the spouse see$ing support to find
appropriate employment, and that spouse's future earning capacity4 /)0 the-duration of
the marriage4 /,0 the comparative financial resources of the spouses, including their
comparative earning abilities in the labor mar$et4 /&0 the needs and obligations of
each spouse4 /10 the contribution of each spouse to the marriage, including services
rendered in home-ma$ing, child care, education, and career building of the other
spouse4 /+0 the age and health of the spouses4 /<0 the physical and emotional
conditions of the spouses4 /D0 the ability of the supporting spouse to give support,
ta$ing into account that spouse's earning capacity, earned and unearned income,
assets, and standard of living4 and /%(0 any other factor the court may deem 5ust and
e7uitable"
/d0 #he .amily Court may direct the deduction of the provisional support from the
salary of the spouse"
S#c$%o& 3. C)ild Support. - #he common children of the spouses shall be supported from
the properties of the absolute community or the con5ugal partnership"
:ub5ect 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 the child" 6t shall be
in proportion to the resources or means of the giver and to the necessities of the recipient"
6n determining the amount of provisional support, the court may li$e*ise consider the
follo*ing factors3 /%0 the financial resources of the custodial and non-custodial parent
and those of the child4 /'0 the physical and emotional health of the child and his or her
special needs and aptitudes4 /)0 the standard of living the child has been accustomed to4
/,0 the non-monetary contributions that the parents *ill ma$e to*ard the care and *ell-
being of the child"
#he .amily Court may direct the deduction of the provisional support from the salary of
the parent"
S#c$%o& 4. C)ild Custod%. - 6n determining the right party or person to *hom the custody
of the child of the parties may be a*arded pending the petition, the court shall consider
the best interests of the child and shall give paramount consideration to the material and
moral *elfare of the child"
#he court may li$e*ise consider the follo*ing factors3 /a0 the agreement of the parties4
/b0 the desire and ability of each parent to foster an open and loving relationship bet*een
the child and the other parent4 /c0 the child's health, safety, and *elfare4 /d0 any history of
child or spousal abase by the person see$ing custody or *ho has had any filial
relationship *ith the child, including anyone courting the parent4 /e0 the nature and
fre7uency of contact *ith both parents4 /f0 habitual use of alcohol or regulated
substances4 /g0 marital misconduct4 /h0 the most suitable physical, emotional, spiritual,
psychological and educational environment4 and /i0 the preference of the child, if over
seven years of age and of sufficient discernment, unless the parent chosen is unfit"
#he court may a*ard provisional custody in the follo*ing order of preference3 /%0 to both
parents 5ointly4 /'0 to either parent ta$ing into account all relevant considerations under
the foregoing paragraph, especially the choice of the child over seven years of age, unless
the parent chosen is unfit4 /)E to the surviving grandparent, or if there are several of
them, to the grandparent chosen by the child over seven years of age and of sufficient
discernment, unless the grandparent is unfit or dis7ualified4 /,0 to the eldest brother or
sister over t*enty-one years of age, unless he or she is unfit or dis7ualified4 /&0 to the
child's actual custodian over t*enty-one years of age, unless unfit or dis7ualified4 or /10
to any other person deemed by the court suitable to provide proper care and guidance for
the child"
#he custodian temporarily designated by theB court shall give the court and the parents
five days notice of any plan to change the residence of the child or ta$e him out of his
residence for more than three days provided it does not pre5udice the visitation rights of
the parents"
S#c$%o& '. Visitation 5ig)ts. - Appropriate visitation rights shall be provided to the parent
*ho is not a*arded provisional custody unless found unfit or dis7ualified by the court" "
S#c$%o& (. 8old Departure 9rder. - Pending resolution of the petition, no child of the
parties shall be brought out of the country *ithout prior order from the court"
#he court, motu proprio or upon application under oath, may issue e2-parte a hold
departure order, addressed to the Aureau of 6mmigration and Deportation, directing it not
to allo* the departure of the child from the Philippines *ithout the permission of the
court"
#he .amily Court issuing the hold departure order shall furnish the Department of
.oreign Affairs and the Aureau of 6mmigration and Deportation of the Department of
Fustice a copy of the hold departure order issued *ithin t*enty-four hours from the time
of its issuance and through the fastest available means of transmittal"
#he hold-departure order shall contain the follo*ing information3
/a0 the complete name /including the middle name0, the date and place of birth, and
the place of last residence of the person against *hom a hold-departure order has
been issued or *hose departure from the country has been en5oined4
/b0 the complete title and doc$et number of the case in *hich the hold departure *as
issued4
/c0 the specific nature of the case4 and
/d0 the date of the hold-departure order"
6f available, a recent photograph of the person against *hom a hold-departure order has
been issued or *hose departure from the country has been en5oined should also be
included"
#he court may recall the order" motu proprio or upon verified motion of any of the parties
after summary hearing, sub5ect to such terms and conditions as may be necessary for the
best interests of the child"
S#c$%o& ). 9rder o$ Prote"tion. - #he court may issue an rder of Protection re7uiring
any person3
/a0 to stay a*ay from the home, school, business, or place of employment of the
child, other parent or any other party, and to stay a*ay from any other specific place
designated by the court4
/b0 to refrain from harassing, intimidating, or threatening such child or the other
parent or any person to *hom custody of the child is a*arded4
/c0 to refrain from acts of commission or omission that create an unreasonable ris$ to
the health, safety, or *elfare of the child4
/d0 to permit a parent, or a person entitled to visitation by a court order or a separation
agreement, to visit the child at stated periods4
/e0 to permit a designated party to enter the residence during a specified period of
time in order to ta$e personaG belongings not contested in a proceeding pending *ith
the .amily Court4
/f0 to comply *ith such other orders as are necessary for the protection of the child"
S#c$%o& *. dministration o$ Common Propert%. - 6f a spouse *ithout 5ust cause abandons
the other or-fails to comply *ith his or her obligations to the family, the court may, upon
application of the aggrieved party under oath, issue a provisional order appointing the
applicant or a third person as receiver or sole administrator of the common property
sub5ect to such precautionary conditions it may impose"
#he receiver or administrator may not dispose of or encumber any common property or
specific separate property of either spouse *ithout prior authority of the court"
#he provisional order issued by the court shall be registered in the proper Register of
Deeds and annotated in all titles of properties sub5ect of the receivership or
administration"
S#c$%o& +. 0$$e"tivit%. - #his Rule shall ta$e effect on March %&, '(() follo*ing its
publication in a ne*spaper of general circulation not later than March +, '(()"