Republic Act No.
8552             February 25, 1998 (iv) Conduct public information and educational campaigns to promote a positive
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION
OF FILIPINO CHILDREN AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I  (vi) Encourage domestic adoption so as to preserve the child's identity and culture
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Adoption Act of 1998."
Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be
defined as:
Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the State to
ensure that every child remains under the care and custody of his/her parent(s) and be
provided with love, care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family is available shall
adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall
be the paramount consideration in accordance with the tenets set forth in the United Nations
(UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles
Relating to the Protection and Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and Internationally; and the Hague Convention on the
Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this
end, the State shall provide alternative protection and assistance through foster care or
adoption for every child who is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish
his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority
and custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child as
"legally available for adoption" and his/her custody transferred to the Department of
Social Welfare and Development or to any duly licensed and accredited child-
placing or child-caring agency, which entity shall be authorized to take steps for the
permanent placement of the child;
environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector
agencies to handle adoption inquiries, process domestic adoption applications, and
offer adoption-related services including, but not limited to, parent preparation and
post-adoption education and counseling; and
in his/her native land, and only when this is not available shall intercountry
adoption be considered as a last resort.
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption"  refers to a child who has been voluntarily
or involuntarily committed to the Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental authority of his/her
biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child"  is one whose parent(s) knowingly and willingly
relinquishes parental authority to the Department.
(d) "Involuntarily committed child"  is one whose parent(s), known or unknown, has
been permanently and judicially deprived of parental authority due to
abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at least six
(6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker
oversees the adjustment and emotional readiness of both adopter(s) and adoptee
in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the
Department to provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the prospective adoptive
parents, and preparing the adoption home study.
 (i)  "Child-caring agency"  is a duly licensed and accredited agency by the
Department that provides twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily committed children.
(j)  "Simulation of birth" is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who is not his/her biological
mother, causing such child to lose his/her true identity and status.
ARTICLE II  adoptee may be waived when the adopter is the biological parent of the adoptee,
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall provide the services of licensed
social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and
after the birth of his/her child. No binding commitment to an adoption plan shall be
permitted before the birth of his/her child. A period of six (6) months shall be
allowed for the biological parent(s) to reconsider any decision to relinquish his/her
child for adoption before the decision becomes irrevocable. Counseling and
rehabilitation services shall also be offered to the biological parent(s) after he/she
has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are
made and all alternatives for the child's future and the implications of each
alternative have been provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and
seminars, among others, shall be provided to prospective adoptive parent(s) to
resolve possible adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure that
he/she understands the nature and effects of adoption and is able to express
his/her views on adoption in accordance with his/her age and level of maturity.
Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the
child-placing or child-caring agency which has custody of the child to exert all efforts to
locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered
as a foundling and subsequently be the subject of legal proceedings where he/she shall be
declared abandoned.
Section 6. Support Services. – The Department shall develop a pre-adoption program
which shall include, among others, the above mentioned services.
ARTICLE III  (iii) if the spouses are legally separated from each other.
ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude, emotionally and psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and who is in a position to support
and care for his/her children in keeping with the means of the family. The
requirement of sixteen (16) year difference between the age of the adopter and
or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic
of the Philippines, that he/she has been living in the Philippines for at least three
(3) continuous years prior to the filing of the application for adoption and maintains
such residence until the adoption decree is entered, that he/she has been certified
by his/her diplomatic or consular office or any appropriate government agency that
he/she has the legal capacity to adopt in his/her country, and that his/her
government allows the adoptee to enter his/her country as his/her adopted
son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for
the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship
and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
However, that the other spouse has signified his/her consent thereto; or
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter
of the other, joint parental authority shall be exercised by the spouses.
Section 8. Who May Be Adopted. – The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to
that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child since
minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s).
Section 9. Whose Consent is Necessary to the Adoption. – After being properly
counseled and informed of his/her right to give or withhold his/her approval of the adoption,
the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of
the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if
living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV  complied with, and no opposition has been interposed to the petition, and after
PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly counseled to prevent him/her from
making hurried decisions caused by strain or anxiety to give up the child, and to sustain that
all measures to strengthen the family have been exhausted and that any prolonged stay of
the child in his/her own home will be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social service office of the local government
unit, or any child-placing or child-caring agency has made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s), and has submitted the report and
recommendations on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social worker shall
confirm with the Civil Registry the real identity and registered name of the adoptee. If the
birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of
the concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption
and that the documents to support this fact are valid and authentic. Further, the case study
of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the
best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the
case studies, that the petition should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the adoption shall be preserved by
the Department.
Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted
until the adopter(s) has been given by the court a supervised trial custody period for at least
six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the
same to be in the best interest of the adoptee, stating the reasons for the reduction of the
period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody
except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s)
through a pre-adoption placement authority issued by the Department, the prospective
adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date
the adoptee is placed with the prospective adopter(s).
Section 13. Decree of Adoption. – If, after the publication of the order of hearing has been
consideration of the case studies, the qualifications of the adopter(s), trial custody report
and the evidence submitted, the court is convinced that the petitioners are qualified to
adopt, and that the adoption would redound to the best interest of the adoptee, a decree of
adoption shall be entered which shall be effective as of the date the original petition was
filed. This provision shall also apply in case the petitioner(s) dies before the issuance of the
decree of adoption to protect the interest of the adoptee. The decree shall state the name
by which the child is to be known.
Section 14. Civil Registry Record. – An amended certificate of birth shall be issued by the
Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her surname. The original certificate of
birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth
certificate in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an amended
issue.
Section 15. Confidential Nature of Proceedings and Records. – All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books, and
papers relating to the adoption cases in the files of the court, the Department, or any other
agency or institution participating in the adoption proceedings shall be kept strictly
confidential.
If the court finds that the disclosure of the information to a third person is necessary for
purposes connected with or arising out of the adoption and will be for the best interest of the
adoptee, the court may merit the necessary information to be released, restricting the
purposes for which it may be used.
ARTICLE V 
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent is the
spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall
be severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy.  – The adoptee shall be considered the legitimate son/daughter of
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born to them without discrimination
of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping
with the means of the family.
Section 18. Succession. – In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
ARTICLE VI  exploitation.
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption.  – Upon petition of the adoptee, with
the assistance of the Department if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following
grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c)
sexual assault or violence; or (d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the parental authority of the
adoptee's biological parent(s), if known, or the legal custody of the Department shall be
restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations
of the adopter(s) and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII 
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand
pesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at the
discretion of the court shall be imposed on any person who shall commit any of the following
acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for
adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or
(b) Any person who shall cause the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of
birth, and shall be punished by prision mayor in its medium period and a fine not exceeding
Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall
cooperate in the execution of the abovementioned crime shall suffer the penalties herein
prescribed and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents, and communications of adoption applications, cases, and
processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1)
day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under
this Article shall be imposed upon the principals of the attempt to commit any of the acts
herein enumerated. Acts punishable under this Article, when committed by a syndicate or
where it involves two (2) or more children shall be considered as an offense constituting
child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating with one another in
carrying out any of the unlawful acts defined under this Article. Penalties as are herein
provided, shall be in addition to any other penalties which may be imposed for the same
acts punishable under other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after service of
sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating any
of the provisions of this Act, or who shall conspire with private individuals shall, in addition to
the above-prescribed penalties, be penalized in accordance with existing civil service laws,
rules and regulations: Provided, That upon the filing of a case, either administrative or
criminal, said government official, employee, or functionary concerned shall automatically
suffer suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. – A person who has, prior to the effectivity
of this Act, simulated the birth of a child shall not be punished for such act: Provided, That
the simulation of birth was made for the best interest of the child and that he/she has been
consistently considered and treated by that person as his/her own son/daughter: Provided,
further, That the application for correction of the birth registration and petition for adoption
shall be filed within five (5) years from the effectivity of this Act and completed
thereafter: Provided, finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the Department.
ARTICLE VIII  every neglected and abandoned child with a family that will provide such child with love and
FINAL PROVISIONS
Section 23. Adoption Resource and Referral Office. – There shall be established an
Adoption Resources and Referral Office under the Department with the following functions:
(a) monitor the existence, number, and flow of children legally available for adoption and
prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwide
information and educational campaign on domestic adoption; (c) keep records of adoption
proceedings; (d) generate resources to help child-caring and child-placing agencies and
foster homes maintain viability; and (e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned agencies. The office shall be manned by
adoption experts from the public and private sectors.
Section 24.  Implementing Rules and Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with the Council for the Welfare of Children, the
Office of Civil Registry General, the Department of Justice, Office of the Solicitor General,
and two (2) private individuals representing child-placing and child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act operative.
Section 25. Appropriations. – Such sum as may be necessary for the implementation of
the provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 26. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent
with the provisions of this Act is hereby repealed, modified, or amended accordingly.
Section 27. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days following its
complete publication in any newspaper of general circulation or in the Official Gazette.
Approved: February 25, 1998
Republic Act 8043
The Inter-Country Adoption Act of 1995
Files: 
"AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER PURPOSES"
Section 1. Short Title. — This Act shall be known as the "Inter-Country Adoption Act of
1995."
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to provide
care as well as opportunities for growth and development. Towards this end, efforts shall be
exerted to place the child with an adoptive family in the Philippines. However, recognizing
that inter-country adoption may be considered as allowing aliens not presently allowed by
law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens
or aliens, the State shall take measures to ensure that inter-country adoptions are allowed
when the same shall prove beneficial to the child's best interests, and shall serve and
protect his/her fundamental rights.  of any provision under this Act.
Sec. 3. Definition of Terms. — As used in this Act. the term:
    (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child
by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed,
the supervised trial custody is undertaken, and the decree of adoption is issued outside the
Philippines.
    (b) Child means a person below fifteen (15) years of age unless sooner emancipated by
law.
    (c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
    (d) Secretary refers to the Secretary of the Department of Social Welfare and
Development.
    (e) Authorized and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide comprehensive social
services and which is duly recognized by the Department.
    (f) Legally-free child means a child who has been voluntarily or involuntarily committed
to the Department, in accordance with the Child and Youth Welfare Code.
    (g) Matching refers to the judicious pairing of the adoptive child and the applicant to
promote a mutually satisfying parent-child relationship.
    (h) Board refers to the Inter-country Adoption Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country
Adoption Board, hereinafter referred to as the Board to act as the central authority in
matters relating to inter-country adoption. It shall act as the policy-making body for purposes
of carrying out the provisions of this Act, in consultation and coordination with the
Department, the different child-care and placement agencies, adoptive agencies, as well as
non-governmental organizations engaged in child-care and placement activities. As such, it
shall:
    (a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other
practice in connection with adoption which is harmful, detrimental, or prejudicial to the child;
    (b) Collect, maintain, and preserve confidential information about the child and the
adoptive parents;
    (c) Monitor, follow up, and facilitate completion of adoption of the child through authorized
and accredited agency;
    (d) Prevent improper financial or other gain in connection with an adoption and deter
improper practices contrary to this Act;
    (e) Promote the development of adoption services including post-legal adoption;
    (f) License and accredit child-caring/placement agencies and collaborate with them in the
placement of Filipino children;
    (g) Accredit and authorize foreign adoption agency in the placement of Filipino children in
their own country; and
    (h) Cancel the license to operate and blacklist the child-caring and placement agency or
adoptive agency involved from the accreditation list of the Board upon a finding of violation
Sec. 5. Composition of the Board. — The Board shall be composed of the Secretary of
the Department as ex officio Chairman, and six (6) other members to be appointed by the
President for a nonrenewable term of six (6) years: Provided, That there shall be appointed
one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least the
qualifications of a regional trial court judge, one (1) registered social worker and two (2)
representatives from non-governmental organizations engaged in child-caring and
placement activities. The members of the Board shall receive a per diem allowance of One
thousand five hundred pesos (P1,500) for each meeting attended by them: Provided,
further, That no compensation shall be paid for more than four (4) meetings a month. 
 
Sec. 6. Powers and Functions of the Board. — The Board shall have the following
powers and functions:
    (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out
the provisions of this Act, after consultation and upon favorable recommendation of the
different agencies concerned with the child-caring, placement, and adoption;
    (b) to set the guidelines for the convening of an Inter-country Adoption Placement
Committee which shall be under the direct supervision of the Board;
    (c) to set the guidelines for the manner by which selection/matching of prospective
adoptive parents and adoptive child can be made;
    (d) to determine a reasonable schedule of fees and charges to be exacted in connection
with the application for adoption;
    (e) to determine the form and contents of the application for inter-country adoption;
    (g) to institute systems and procedures to prevent improper financial gain in connection
with adoption and deter improper practices which are contrary to this Act;
    (h) to promote the development of adoption services, including post-legal adoption
services,
    (i) to accredit and authorize foreign private adoption agencies which have demonstrated
professionalism, competence and have consistently pursued non-profit objectives to engage
in the placement of Filipino children in their own country: Provided, That such foreign private
agencies are duly authorized and accredited by their own government to conduct inter-
country adoption: Provided, however, That the total number of authorized and accredited
foreign private adoption agencies shall not exceed one hundred (100) a year;
    (j) to take appropriate measures to ensure confidentiality of the records of the child, the
natural parents and the adoptive parents at all times;
    (k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign
Affairs, Memoranda of Agreement respecting inter-country adoption consistent with the
implementation of this Act and its stated goals, entered into, between and among foreign
governments, international organizations and recognized international non-governmental
organizations;
    (l) to assist other concerned agencies and the courts in the implementation of this Act,
particularly as regards coordination with foreign persons, agencies and other entities
involved in the process of adoption and the physical transfer of the child; and
    (m) to perform such other functions on matters relating to inter-country adoption as may
be determined by the President.
ARTICLE III
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure that all
possibilities for adoption of the child under the Family Code have been exhausted and that
inter-country adoption is in the best interest of the child. Towards this end, the Board shall
set up the guidelines to ensure that steps will be taken to place the child in the Philippines
before the child is placed for inter-country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not exceed six hundred (600) a year
for the first five (5) years.      (c) Written consent of their biological or adoptive children above ten (10) years of age, in
Sec. 8. Who May be Adopted. — Only a legally free child may be the subject of inter-
country adoption. In order that such child may be considered for placement, the following
documents must be submitted to the Board:
    (a)Child study;
    (b)Birth certificate/foundling certificate;
    (c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;
    (d)Medical evaluation /history;
    (e)Psychological evaluation, as necessary; and
    (f)Recent photo of the child.
Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may
file an application for inter-country adoption of a Filipino child if he/she:
    (a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than
the child to be adopted, at the time of application unless the adopter is the parent by nature
of the child to be adopted or the spouse of such parent:
    (b) if married, his/her spouse must jointly file for the adoption;
    (c) has the capacity to act and assume all rights and responsibilities of parental authority
under his national laws, and has undergone the appropriate counseling from an accredited
counselor in his/her country;
    (d) has not been convicted of a crime involving moral turpitude;  incidental to the placement of the child;
    (e) is eligible to adopt under his/her national law;
    (f) is in a position to provide the proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted;
    (g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the
U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued
to implement the provisions of this Act;
    (h) comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is
allowed under his/her national laws; and
    (i) possesses all the qualifications and none of the disqualifications provided herein and in
other applicable Philippine laws.
Sec. 10. Where to File Application. — An application to adopt a Filipino child shall be filed
either with the Philippine Regional Trial Court having jurisdiction over the child, or with the
Board, through an intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive parents, which application
shall be in accordance with the requirements as set forth in the implementing rules and
regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially
translated in English.
    (a) Birth certificate of applicant(s);
    (b) Marriage contract, if married, and divorce decree, if applicable;
the form of sworn statement;
    (d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
    (e) Income tax returns or any document showing the financial capability of the
applicant(s);
    (f) Police clearance of applicant(s);
    (g) Character reference from the local church/minister, the applicant's employer and a
member of the immediate community who have known the applicant(s) for at least five (5)
years; and
    (h) Recent postcard-size pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
 
Sec. 11. Family Selection/Matching. — No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child cannot be adopted locally. The
clearance, as issued by the Board, with the copy of the minutes of the meetings, shall form
part of the records of the child to be adopted. When the Board is ready to transmit the
Placement Authority to the authorized and accredited inter-country adoption agency and all
the travel documents of the child are ready, the adoptive parents, or any one of them, shall
personally fetch the child in the Philippines. 
Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the following costs
    (a) The cost of bringing the child from the Philippines to the residence of the applicant(s)
abroad, including all travel expenses within the Philippines and abroad; and
    (b) The cost of passport, visa, medical examination and psychological evaluation
required, and other related expenses.
Sec. 13. Fees, Charges and Assessments. — Fees, charges, and assessments collected
by the Board in the exercise of its functions shall be used solely to process applications for
inter-country adoption and to support the activities of the Board.
Sec. 14. Supervision of Trial Custody. — The governmental agency or the authorized and
accredited agency in the country of the adoptive parents which filed the application for inter-
country adoption shall be responsible for the trial custody and the care of the child. It shall
also provide family counseling and other related services. The trial custody shall be for a
period of six (6) months from the time of placement. Only after the lapse of the period of trial
custody shall a decree of adoption be issued in the said country a copy of which shall be
sent to the Board to form part of the records of the child.  herein enumerated.
During the trial custody, the adopting parent(s) shall submit to the governmental agency or
the authorized and accredited agency, which shall in turn transmit a copy to the Board, a
progress report of the child's adjustment. The progress report shall be taken into
consideration in deciding whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent
abroad for trial custody are monitored and checked as reported by the authorized and
accredited inter-country adoption agency as well as the repatriation to the Philippines of a
Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. — The Department of Foreign Affairs, upon
representation of the Board, shall cause the preparation of Executive Agreements with
countries of the foreign adoption agencies to ensure the legitimate concurrence of said
countries in upholding the safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. —
(a) Any person who shall knowingly participate in the conduct or carrying out of an illegal
adoption, in violation of the provisions of this Act, shall be punished with a penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand
pesos (P200.000), at the discretion of the court. For purposes of this Act, an adoption is
illegal if it is effected in any manner contrary to the provisions of this Act or established
State policies, its implementing rules and regulations, executive agreements, and other laws
pertaining to adoption. Illegality may be presumed from the following acts:
    (1)consent for an adoption was acquired through, or attended by coercion, fraud,
improper material inducement;
    (2)there is no authority from the Board to effect adoption;
    (3)the procedures and safeguards placed under the law for adoption were not complied
with; and
    (4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.
(b)Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents and communications of adoption applications, cases and
processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1)
day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000), but not
more than Ten thousand pesos (P10,000), at the discretion of the court.
 
A penalty lower by two (2) degrees than that prescribed for the consummated felony under
this Article shall be imposed upon the principals of the attempt to commit any of the acts
Acts punishable under this Article, when committed by a syndicate or where it involves two
or more children shall be considered as an offense constituting child trafficking and shall
merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating with one another in
carrying out any of the unlawful acts defined under this Article.Penalties as are herein
provided shall be in addition to any other penalties which may be imposed for the same acts
punishable under other laws, ordinances, executive orders, and proclamations. 
Sec. 17. Public Officers as Offenders. — Any government official, employee or
functionary who shall be found guilty of violating any of the provisions of this Act, or who
shall conspire with private individuals shall, in addition to the above-prescribed penalties, be
penalized in accordance with existing civil service laws, rules and regulations: Provided,
That upon the filing of a case, either administrative or criminal, said government official,
employee or functionary concerned shall automatically suffer suspension until the resolution
of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in
coordination with the Council for the Welfare of Children, the Department of Foreign Affairs,
and the Department of Justice, after due consultation with agencies involved in child-care
and placement, shall promulgate the necessary rules and regulations to implement the
provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. — The amount of Five million pesos (P5,000,000) is hereby
appropriated from the proceeds of the Lotto for the initial operations of the Board and
subsequently the appropriations of the same shall be included in the General Appropriations
Act for the year following its enactment.
Sec. 20. Separability Clause. — If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected, shall
remain valid and subsisting.
Sec. 21. Repealing Clause. — Any law, decree, executive order, administrative order or
rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly. 
Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
 
 
Approved: June 7, 1995
 Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
eight.
REPUBLIC ACT No. 9523             March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR
ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR
THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE
KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995,
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH
WELFARE CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Declaration of Policy. – It is hereby declared the policy of the State that
alternative protection and assistance shall be afforded to every child who is abandoned,
surrendered, or neglected. In this regard, the State shall extend such assistance in the most
expeditious manner in the interest of full emotional and social development of the
abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the
Department of Social Welfare and Development for the declaration of a child legally
available for adoption of abandoned, surrendered, or neglected children are the most
expeditious proceedings for the best interest and welfare of the child.
Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged
to implement the provisions of this Act and shall have the sole authority to issue
the certification declaring a child legally available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over
eighteen (18) years of age but is unable to fully take care of him/herself or protect
himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because
of physical or mental disability or condition.
(3) Abandoned Child refers to a child who has no proper parental care or
guardianship, or whose parent(s) have deserted him/her for a period of at least
three (3) continuous months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous
months. Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and
without proper shelter. A child is unattended when left by himself/herself
without proper provisions and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped,
seduced, exploited, overworked, or made to work under conditions not
conducive to good health; or is made to beg in the streets or public
places; or when children are in moral danger, or exposed to gambling,
prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor a
certification was issued by the DSWD that he/she is legally available for adoption
after the fact of abandonment or neglect has been proven through the submission
of pertinent documents, or one who was voluntarily committed by his/her parent(s)
or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly
and willingly relinquished parental authority to the DSWD or any duly accredited
child-placement or child-caring agency or institution.
(7) Child-caring agency or institution refers to a private non-profit or government
agency duly accredited by the DSWD that provides twenty-four (24) hour
residential care services for abandoned, neglected, or voluntarily committed
children.
(8) Child-placing agency or institution refers to a private non-profit institution or
government agency duly accredited by the DWSD that receives and processes
applicants to become foster or adoptive parents and facilitate placement of children
eligible for foster care or adoption.
(9) Petitioner refers to the head or executive director of a licensed or accredited
child-caring or child-placing agency or institution managed by the government,
local government unit, non-governmental organization, or provincial, city, or
municipal Social Welfare Development Officer who has actual custody of the minor
and who files a certification to declare such child legally available for adoption, or,
if the child is under the custody of any other individual, the agency or institution
does so with the consent of the child's custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly authorized
representative.
(11) Conspicuous Place shall refer to a place frequented by the public, where by
notice of the petition shall be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of
an assessment conducted by a licensed social worker as to the social-cultural
economic condition, psychosocial background, current functioning and facts of
 abandonment or neglect of the child. The report shall also state the efforts of social
worker to locate the child's biological parents/relatives.
Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn
to before any person authorized by law to administer oaths. It shall contain facts necessary
to establish the merits of the petition and shall state the circumstances surrounding the
abandonment or neglect of the child.
The petition shall be supported by the following documents:
(1) Social Case Study Report made by the DSWD, local government unit, licensed
or accredited child-caring or child-placing agency or institution charged with the
custody of the child;
(2) Proof that efforts were made to locate the parent(s) or any known relatives of
the child. The following shall be considered sufficient:
(a) Written certification from a local or national radio or television station
that the case was aired on three (3) different occasions;
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child
was found or a certified copy of a tracing report issued by the Philippine
National Red Cross (PNRC), National Headquarters (NHQ), Social
Service Division, which states that despite due diligence, the child's
parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or
known relatives, if any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon abandonment
or admission to the agency or institution.
Section 4. Procedure for the Filing of the Petition. – The petition shall be filed in the
regional office of the DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if sufficient
in form and substance and shall authorize the posting of the notice of the petition
conspicuous place for five (5) consecutive days in the locality where the child was found.
The Regional Director shall act on the same and shall render a recommendation not later
than five (5) working days after the completion of its posting. He/she shall transmit a copy of
his/her recommendation and records to the Office of the Secretary within forty-eight (48)
hours from the date of the recommendation.
Section 5. Declaration of Availability for Adoption. – Upon finding merit in the petition,
the Secretary shall issue a certification declaring the child legally available for adoption
within seven (7) working days from receipt of the recommendation.
Said certification, by itself shall be the sole basis for the immediate issuance by the local
civil registrar of a foundling certificate. Within seven (7) working days, the local civil registrar
shall transmit the founding certificate to the National Statistic Office (NSO).
Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of
Appeals within five (5) days from receipt of the decision by the petitioner, otherwise the
same shall be final and executory.
Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child
and Voluntarily Committed Child. – The certificate declaring a child legally available for
adoption in case of an involuntarily committed child under Article 141, paragraph 4(a) and
Article 142 of Presidential Decree No. 603 shall be issued by the DSWD within three (3)
months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No.
603, the certification declaring the child legally available for adoption shall be issued by the
Secretary within three (3) months following the filing of the Deed of Voluntary Commitment,
as signed by the parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily
committed a child may recover legal custody and parental authority over him/her from the
agency or institution to which such child was voluntarily committed when it is shown to the
satisfaction of the DSWD that the parent(s) or legal guardian is in a position to adequately
provide for the needs of the child: Provided, That, the petition for restoration is filed within
(3) months after the signing of the Deed of Voluntary Commitment.
Section 8. Certification. – The certification that a child is legally available for adoption shall
be issued by the DSWD in lieu of a judicial order, thus making the entire process
administrative in nature.
The certification, shall be, for all intents and purposes, the primary evidence that the child is
legally available in a domestic adoption proceeding, as provided in Republic Act No. 8552
and in an inter-country adoption proceeding, as provided in Republic Act No. 8043.
Section. 9. Implementing Rules and Regulations. – The DSWD, together with the
Council for Welfare of Children, Inter-Country Adoption Board, two (2) representatives from
licensed or accredited child-placing and child-caring agencies or institution, National
Statistics Office and Office of the Civil Registrar, is hereby tasked to draft the implementing
rules and regulations of this Act within sixty (60) days following its complete publication.
Upon effectivity of this Act and pending the completion of the drafting of the implementing
rules and regulations, petitions for the issuance of a certification declaring a child legally
available for adoption may be filled with the regional office of the DSWD where the child
was found or abandoned.
Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two
hundred thousand pesos (P200,000.00) shall be imposed on any person, institution, or
agency who shall place a child for adoption without the certification that the child is legally
available for adoption issued by the DSWD. Any agency or institution found violating any
provision of this Act shall have its license to operate revoked without prejudice to the
criminal prosecution of its officers and employees.
Violation of any provision of this Act shall subject the government official or employee
concerned to appropriate administrative, civil and/or criminal sanctions, including
suspension and/or dismissal from the government service and forfeiture of benefits.
Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No.
8552, Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential
Decree No. 603 and any law, presidential decree, executive order, letter of instruction,
administrative order, rule, or regulation contrary to or inconsistent with the provisions of this
Act are hereby reprealed, modified or amended accordingly.
Section 12. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 13. Effectivity. – This Act shall take effect fifteen (15) days following its complete
publication in two (2) newspapers of general circulation or in the Official Gazette.
Approved,
(Sgd.) PROSPERO C. (Sgd.) JUAN PONCE
NOGRALES ENRILE
Speaker of the House of President of the Senate
Representatives
This Act which is a consolidation of Senate Bill No. 2391 and House Bill No. 10 was finally
passed by the Senate and the House of Representatives December 17, 2009.
(Sgd.) MARILYN B. (Sgd.) EMMA LIRIO-
BARUA-YAP REYES
Secretary General Secretary of Senate
House of Representives
Approved: MAR 12, 2009
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand
three.
Republic Act No. 9255             February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR
FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO.
209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippine Congress
Assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code
of the Philippines, is hereby amended to read as follows:
"Article 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity with
this Code. However, illegitimate children may use the surname of their father if
their filiation has been expressly recognized by the father through the record of
birth appearing in the civil register, or when an admission in a public document or
private handwritten instrument is made by the father. Provided,  the father has the
right to institute an action before the regular courts to prove non-filiation during his
lifetime. The legitime of each illegitimate child shall consist of one-half of the
legitime of a legitimate child."
SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders,
proclamations, rules and regulations, which are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette  or in two (2) newspapers of general circulation.
Approved,
FRANKLIN DRILON JOSE DE VENECIA JR.
President of the Senate Speaker of the House of
Representatives
This Act which is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 was Section 3.  Repealing Clause. – All laws, presidential decrees, executive orders,
finally passed by the House of Representatives and the Senate on January 21, 2004 and proclamations and/or administrative regulations which are inconsistent with the provisions of
February 4, 2004, respectively. this Act are hereby amended, modified, superseded or repealed accordingly.

OSCAR G. YABES ROBERTO P. Section 4.  Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
Secretary of Senate NAZARENO publication in the Official Gazette or in at least two (2) newspapers of national circulation.
Secretary General
House of Approved,
Represenatives
PROSPERO C. NOGRALES
Approved: February 24 2004 JUAN PONCE ENRILE
Speaker of the House of
President of the Senate
Representatives
GLORIA MACAPAGAL-ARROYO
President of the Philippines This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was
finally passed by the House of Representatives and the Senate on October 13, 2009.
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
nine.
MARILYN B. BARUA-YAP
EMMA LIRIO-REYES
REPUBLIC ACT. NO. 9858 Secretary General House of
Secretary of the Senate
Representaives
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS
BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF
THE PHILIPPINES, AS AMENDED
Approved: DEC 20, 2009
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled: GLORIA MACAPAGAL–ARROYO
President of the Philippines
Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of
the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of
conception of the former, were not disqualified by any impediment to marry each other, or
were so disqualified only because either or both of them were below eighteen (18) years of
age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
The annulment of a voidable marriage shall not affect the legitimation." twelve.

Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the
chairpersons of the Committee on Revision of Laws of the House of Representatives and
the Committee on Youth, Women and Family Relations of the Senate, the Council for the
Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs
(DFA), the office of the Supreme Court Administrator, the Philippine Association of Civil
Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the
effective implementation of this Act not later than one (1) month from its effectivity.
REPUBLIC ACT No. 10572
AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR
CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A
PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN
EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE,
AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO.
209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES
 Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 73 of the Family Code, as amended, is hereby further amended to read
as follows:
"Art. 73. Either spouse may exercise any legitimate profession, occupation,
business or activity without the consent of the other. The latter may object only on
valid, serious, and moral grounds.
"In case of disagreement, the court shall decide whether or not:
"(1) The objection is proper, and
"(2) Benefit has accrued to the family prior to the objection or thereafter. If
the benefit accrued prior to the objection, the resulting obligation shall be
enforced against the community property. If the benefit accrued
thereafter, such obligation shall be enforced against the separate property
of the spouse who has not obtained consent.
"The foregoing provisions shall not prejudice the rights of creditors who acted in
good faith."
Section 2. Article 111 of the Family Code, as amended, is hereby further amended to read
as follows:
"Art. 111. Either spouse may mortgage, encumber, alienate or otherwise dispose
of his or her exclusive property."
Section 3. Separability Clause. – If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.1âwphi1
Section 4. Repealing Clause. – Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.
Section 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.
President of the Senate Speaker of the House of
Representatives
This Act which originated in the House of Representatives was finally passed by the House
of Representatives and the Senate on September 20, 2012 and January 30, 2013,
respectively.
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP
Secretary of the Senate Secretary General
House of Representatives
Approved: MAY 24 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
Republic Act No. 8369             October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2.  Statement of National Policies. - The State shall protect the rights and
promote the welfare of children in keeping with the mandate of the Constitution and the
precepts of the United Nations Convention on the rights of the Child. The State shall provide
a system of adjudication for youthful offenders which takes into account their peculiar
circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the
family, provide procedures for the reconciliation of spouses and the amicable settlement of
family controversy.
Section 3.  Establishment of Family Courts. - There shall be established a Family Court in
every province and city in the country. In case where the city is the capital of the province,
the Family Court shall be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas
Pambansa Blg. 129, as amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the
Philippines, at least thirty-five (35) years of age, and, for at least ten (10) years,
has been engaged in the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of law as indispensable
requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the
experience and demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and
family laws, procedure and other related disciplines to judges and personnel of
such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years
of age but not less than nine (9) years of age but not less than nine (9) years of
age or where one or more of the victims is a minor at the time of the commission of
the offense: Provided, That if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant
to Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare
Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the
latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife or those
living together under different status and agreements, and petitions for dissolution
of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order
No. 209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o
neglected children, petitions for voluntary or involuntary commitment of children;
the suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of
1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act," as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are
likely to result in physical, sexual or psychological harm or suffering to
women; and other forms of physical abuse such as battering or threats
and coercion which violate a woman's personhood, integrity and freedom
movement; and
2) Children - which include the commission of all forms of abuse, neglect,
cruelty, exploitation, violence, and discrimination and all other conditions
prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent
(10%) of their income derived from filing and other court fees under Rule 141 of the Rules of
Court for research and other operating expenses including capital outlay: Provided, That
this benefit shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of violence among immediate family
members living in the same domicile or household, the Family Court may issue a restraining
order against the accused of defendant upon verified application by the complainant or the
victim for relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody.
The court may also order support pendente lite, including deduction from the salary and use
of conjugal home and other properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local government
unit shall establish to separate the youth offenders from adult criminals: Provided, however,
That alternatives to detention and institutional care shall be made available to the accused
including counseling, recognizance, bail, community continuum, or diversions from the
justice system: Provided, further, That the human rights of the accused are fully respected
in a manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe
Department of Social Welfare and Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region as the Supreme Court shall
deem necessary based on the number of juvenile and family cases existing in such
jurisdiction. It shall provide appropriate social services to all juvenile and family cases filed
with the court and recommend the proper social action. It shall also develop programs,
formulate uniform policies and procedures, and provide technical supervision and
monitoring of all SSCD in coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a
staff composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That in adoption cases and in
petitions for declaration of abandonment, the case studies may be prepared by social
workers of duly licensed child caring or child placement agencies, or the DSWD. When
warranted, the division shall recommend that the court avail itself of consultative services of
psychiatrists, psychologists, and other qualified specialists presently employed in other
departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD shall designate and
assign qualified, trained, and DSWD accredited social workers of the local government units
to handle juvenile and family cases filed in the designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of
the child and family cases shall be treated in a manner consistent with the promotion of the
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity
of parties shall not be divulged unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special
rules of procedure for the transfer of cases to the new courts during the transition period
and for the disposition of family cases with the best interests of the child and the protection
of the family as primary consideration taking into account the United Nations Convention on
the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following in its enactment
into law and thereafter.
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
with the DSWD, shall formulate the necessary rules and regulations for the effective
implementation of the social aspects of this Act.
Section 17.  Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at least
one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan,
San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall
be adjudicated by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.
Approved October 28, 1997.

REPUBLIC ACT NO. 8972
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND
THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress
assembled:
Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."
Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and ensure its total development. Towards
this end, it shall develop a comprehensive program of services for solo parents and their
children to be carried out by the Department of Social Welfare and Development (DSWD),
the Department of Health (DOH), the Department of Education, Culture and Sports (DECS),
the Department of the Interior and Local Government (DILG), the Commission on Higher
Education (CHED), the Technical Education and Skills Development Authority (TESDA), the
National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and
other related government and nongovernment agencies.
Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean
as follows:
(a) "Solo parent" - any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender: Provided, That the
mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to
death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at
least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to
physical and/or mental incapacity of spouse as certified by a public
medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to
legal separation or de facto  separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children;
(6) Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or by
a church as long as he/she is entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a
welfare institution;
(9) Any other person who solely provides parental care and support to a
child or children;
(10) Any family member who assumes the responsibility of head of family
as a result of the death, abandonment, disappearance or prolonged
absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits
under this Act, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for these
benefits.
(b) "Children" - refer to those living with and dependent upon the solo parent for
support who are unmarried, unemployed and not more than eighteen (18) years of
age, or even over eighteen (18) years but are incapable of self-support because of
mental and/or physical defect/disability.
(c) "Parental responsibility" - with respect to their minor children shall refer to the
rights and duties of the parents as defined in Article 220 of Executive Order No.
209, as amended, otherwise known as the "Family Code of the Philippines."
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is
required.
(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary
his/her arrival and departure time without affecting the core work hours as defined
by the employer.
Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls
below the poverty threshold as set by the National Economic and Development Authority
(NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for
assistance: Provided, however, That any solo parent whose income is above the poverty
threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.
Section 5. Comprehensive Package of Social Development and Welfare Services. - A
comprehensive package of social development and welfare services for solo parents and
their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA
and DILG, in coordination with local government units and a nongovernmental organization
with proven track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social development and welfare services for solo parents and
their families. The package will initially include:
(a) Livelihood development services which include trainings on livelihood skills,
basic business management, value orientation and the provision of seed capital or
job placement.
(b) Counseling services which include individual, peer group or family counseling.
This will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress
management strategy designed to assist solo parents in coping with crisis
situations and cases of abuse.
(e) Special projects for individuals in need of protection which include temporary
shelter, counseling, legal assistance, medical care, self-concept or ego-building,
crisis management and spiritual enrichment.
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working
schedule for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.
Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental
leave of not more than seven (7) working days every year shall be granted to any solo
parent employee who has rendered service of at least one (1) year.
Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following
benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions
of basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children.
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.
Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects
and shall be provided with liberal terms of payment on said government low-cost housing
projects in accordance with housing law provisions prioritizing applicants below the poverty
line as declared by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care
program for solo parents and their children. The program shall be implemented by the DOH
through their retained hospitals and medical centers and the local government units (LGUs)
through their provincial/district/city/municipal hospitals and rural health units (RHUs).
Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform
the following additional powers and functions relative to the welfare of solo parents and their
families:
(a) Conduct research necessary to: (1) develop a new body of knowledge on solo
parents; (2) define executive and legislative measures needed to promote and
protect the interest of solo parents and their children; and (3) assess the
effectiveness of programs designed for disadvantaged solo parents and their
children;
(b) Coordinate the activities of various governmental and nongovernmental
organizations engaged in promoting and protecting the interests of solo parents
and their children; and
(c) Monitor the implementation of the provisions of this Act and suggest
mechanisms by which such provisions are effectively implemented.
Section 13. Implementing Rules and Regulations. - An interagency committee headed by
the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is
hereby established which shall formulate, within ninety (90) days upon the effectivity of this
Act, the implementing rules and regulations in consultation with the local government units,
nongovernment organizations and people's organizations.
Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter.1awphil.net
Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders
or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
Section 16. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and
effect.
Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspaper of general
circulation.
Approved.
(Sgd.)
JOSEPH EJERCITO ESTRADA
President of the Philippines
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand
three.
Republic Act No. 9262             March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING
FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress
Assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and
Their Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women, Convention on
the Rights of the Child and other international human rights instruments of which the
Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
 D. "Economic abuse" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to the
following:
1. withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community or
property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly
and without lawful justification follows the woman or her child or places the woman
or her child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband
and wife without the benefit of marriage or are romantically involved over time and
on a continuing basis during the course of the relationship. A casual acquaintance
or ordinary socialization between two individuals in a business or social context is
not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in
the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed
by the Department of Social Welfare and Development (DSWD) or by any other
agency or voluntary organization accredited by the DSWD for the purposes of this
Act or any other suitable place the resident of which is willing temporarily to receive
the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 7610. As
used in this Act, it includes the biological children of the victim and other children
under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection
and safety of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall include, but
not limited to, the following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately providing the
woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal
right;
(4) Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
 (g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman
or her child;
(3) Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of minor children of access to the
woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under
Section 5 hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or
consummated parricide or murder or homicide shall be punished in accordance
with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the
Revised Penal Code; those constituting serious physical injuries shall have the
penalty of prison mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees
lower than the prescribed penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
mayor.
If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of
penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than One hundred thousand pesos (P100,000.00) but not more than three
hundred thousand pesos (300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against women and their children
under this law. In the absence of such court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman or her child specified in
Section 5 of this Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from further harm, minimizing
any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim
to independently regain control over her life. The provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may be issued under this
Act are the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing,
personally or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting
or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated, and
if respondent must remove personal effects from the residence, the court shall
direct a law enforcement agent to accompany the respondent has gathered his
things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to the residence of the parties
to ensure that the petitioner is safely restored to the possession of the automobile
and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if
entitled to legal support. Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or
deadly weapon and order him to surrender the same to the court for appropriate
disposition by the court, including revocation of license and disqualification to apply
for any license to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm and shall direct
the appropriate authority to investigate on the offender and take appropriate action
on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but
not limited to, property damage, medical expenses, childcare expenses and loss of
income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need;
and
(k) Provision of such other forms of relief as the court deems necessary to protect
and provide for the safety of the petitioner and any designated family or household
member, provided petitioner and any designated family or household member
consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence
of a decree of legal separation or annulment or declaration of absolute nullity of
marriage.
The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order
may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government
units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow
the rules on venue under Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the petitioner: Provided, however,
That if a family court exists in the place of residence of the petitioner, the application shall
be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protections order, and shall contain, among
other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
 (c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8
herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in
another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for
both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this
Act shall be enforceable anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or
her child requests in the applications for a protection order for the appointment of counsel
because of lack of economic means to hire a counsel de parte, the court shall immediately
direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the
application. If the PAO determines that the applicant can afford to hire the services of a
counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de
parte. The lack of access to family or conjugal resources by the applicant, such as when the
same are controlled by the perpetrator, shall qualify the petitioner to legal representation by
the PAO.
However, a private counsel offering free legal service is not barred from representing the
petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. -  Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong
Barangay  ordering the perpetrator to desist from committing acts under Section 5 (a) and
(b) of this Act. A Punong Barangay  who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the basis
of the application. If the Punong Barangay is unavailable to act on the application for a
BPO, the application shall be acted upon by any available  Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad  the order must be accompanied by an attestation by
the Barangay Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad  shall personally
serve a copy of the same on the respondent, or direct any barangay official to effect is
personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the
Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers
to the protection order issued by the court on the date of filing of the application after ex
parte  determination that such order should be issued. A court may grant in a TPO any,
some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The
court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of the hearing on the merits
of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on
the merits of the issuance of a PPO. If the respondents appears without counsel on the date
of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and
render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not
directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of
a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day
and the TPO issued is due to expire, the court shall continuously extend or renew the TPO
for a period of thirty (30) days at each particular time until final judgment is issued. The
extended or renewed TPO may be modified by the court as may be necessary or applicable
to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A
PPO shall be effective until revoked by a court upon application of the person in whose
favor the order was issued. The court shall ensure immediate personal service of the PPO
on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine
whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as
long as there is no clear showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be
printed in bold-faced type or in capital letters on the protection order issued by the Punong
Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders  – Failure
to act on an application for a protection order within the reglementary period specified in the
previous section without justifiable cause shall render the official or judge administratively
liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as soon as possible. The hearing
on any application for a protection order filed by the petitioner must be conducted within the
mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall
have priority over all other proceedings. Barangay officials and the courts shall schedule
and conduct hearings on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to hear applications for a
protection order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued
under this Act must be filed directly with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over the barangay that issued the
BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file for any of the
acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During
trial and upon judgment, the trial court may motu proprio issue a protection order as it
deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt
of court punishable under Rule 71 of the Rules of Court, without prejudice to any other
criminal or civil action that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the criminal
actions involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not commit the violence sought to be
prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period
which shall in no case exceed six (6) months, if he shall have been prosecuted for acts
punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts
punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by
the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the commission of the
crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found
by the courts to be suffering from battered woman syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the elements for justifying circumstances
of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted by
expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel
should observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her
child; and
b) inform the victim of her/his rights including legal remedies available and
procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of
the victim by entering the necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within
plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong
Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of
violence defined by this Act is occurring, or when he/she has personal knowledge
that any act of abuse has just been committed, and there is imminent danger to the
life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social
Welfare Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine
not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including,
but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist
or counselor who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological
injuries;
(b) properly record any of victim's suspicions, observations and circumstances of
the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning
the examination or visit;
(d) safeguard the records and make them available to the victim upon request at
actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies
provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government
agencies and LGUs shall establish programs such as, but not limited to, education and
information campaign and seminars or symposia on the nature, causes, incidence and
consequences of such violence particularly towards educating the public on its social
impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act.
SECTION 33. Prohibited Acts. –  A Punong Barangay, Barangay Kagawad  or the court
hearing an application for a protection order shall not order, direct, force or in any way
unduly influence he applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection under this Act. Section 7 of the Family Courts
Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991
shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. –  In every case of violence
against women and their children as herein defined, any person, private individual or police
authority or barangay official who, acting in accordance with law, responds or intervenes
without using violence or restraint greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. –  In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
 (a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or
any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the
Family Code; and
(e) To be informed of their rights and the services available to them including their
right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. –  The court shall expedite the process of issuance of
a hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. –  If the victim
is an indigent or there is an immediate necessity due to imminent danger or threat of danger
to act on an application for a protection order, the court shall accept the application without
payment of the filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-
VAWC).  In pursuance of the abovementioned policy, there is hereby established an Inter-
Agency Council on Violence Against Women and their children, hereinafter known as the
Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on
their mandates as well as develop capability programs for their employees to become more
sensitive to the needs of their clients. The Council will also serve as the monitoring body as
regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a
rank not lower than an assistant secretary or its equivalent. These representatives shall
attend Council meetings in their behalf, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and
regulations.
SECTION 40. Mandatory Programs and Services for Victims. –  The DSWD, and LGU's
shall provide the victims temporary shelters, provide counseling, psycho-social services and
/or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. –  The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways
of coping with anger and emotional outbursts and reforming their ways. When necessary,
the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and
their Children Cases. – All agencies involved in responding to violence against women and
their children cases shall be required to undergo education and training to acquaint them
with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women
and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection
and assistance; and
 e. techniques for handling incidents of violence against women and their children SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules
that minimize the likelihood of injury to the officer and promote the safety of the and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
victim or survivor. repealed or modified accordingly.

The PNP, in coordination with LGU's shall establish an education and training program for SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its
police officers and barangay officials to enable them to properly handle cases of violence complete publication in at least two (2) newspapers of general circulation.
against women and their children.

SECTION 43. Entitled to Leave. –  Victims under this Act shall be entitled to take a paid Approved,
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code JOSE DE VENECIA JR. FRANKLIN DRILON
and Civil Service Rules and Regulations, extendible when the necessity arises as specified Speaker of the House of President of the Senate
in the protection order. Representatives

Any employer who shall prejudice the right of the person under this section shall be This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and
penalized in accordance with the provisions of the Labor Code and Civil Service Rules and 6054, was finally passed by the Senate and the House of Representatives on January 29,
Regulations. Likewise, an employer who shall prejudice any person for assisting a co- 2004 and February 2, 2004, respectively.
employee who is a victim under this Act shall likewise be liable for discrimination.
ROBERTO P. OSCAR G. YABES
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women NAZARENO Secretary of Senate
and their children including those in the barangay shall be confidential and all public officers Secretary General
and employees and public or private clinics to hospitals shall respect the right to privacy of House of
the victim. Whoever publishes or causes to be published, in any format, the name, address, Represenatives
telephone number, school, business address, employer, or other identifying information of a
victim or an immediate family member, without the latter's consent, shall be liable to the
contempt power of the court. Approved: March 08, 2004

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment GLORIA MACAPAGAL-ARROYO
and a fine of not more than Five Hundred Thousand pesos (P500,000.00). President of the Philippines

SECTION 45. Funding – The amount necessary to implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).
Act No. 3753
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be
used to implement services for victim of violence against women and their children. Law on Registry of Civil Status

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP,
and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate
the Implementing Rules and Regulations (IRR) of this Act.
Section 1. Civil Register. – A civil register is established for recording the civil status of
persons, in which shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulments of
marriages; (e) divorces; (f) legitimations; (g) adoptions; (h) acknowledgment of natural

SECTION 47. Suppletory Application –  For purposes of this Act, the Revised Penal Code
and other applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. –  If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.
children; (i) naturalization; and (j) changes of name.
Section 2. Civil Registrar-General his duties and powers. – The director of the National
Library shall be Civil Registrar-General and shall enforce the provisions of this Act. The

Director of the National Library, in his capacity as Civil Registrar-General, is hereby

authorized to prepare and issue, with the approval of the Secretary of Justice, regulations midwife in attendance at the birth or, in default thereof, the declaration of either parent of the

for carrying out the purposes of this Act, and to prepare and order printed the necessary newborn child, shall be sufficient for the registration of a birth in the civil register. Such

forms for its proper compliance. In the exercise of his functions as Civil Registrar-General, declaration shall be exempt from the documentary stamp tax and shall be sent to the local

the Director of the National Library shall have the power to give orders and instructions to civil registrar not later than thirty days after the birth, by the physician, or midwife in

the local Civil registrars with reference to the performance of their duties as such. It shall be attendance at the birth or by either parent of the newly born child.

the duty of the Director of the National Library to report any violation of the provisions of this In such declaration, the persons above mentioned shall certify to the following facts: (a) date

Act and all irregularities, negligence or incompetency on the part of the officers designated and hour of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion of

as local civil registrars to the (Chief of the Executive Bureau or the Director of the Non- parents or, in case the father is not known, of the mother alone; (d) civil status of parents;

Christian Tribes) Secretary of the Interior, as the case may be, who shall take the proper (e) place where the infant was born; (f) and such other data may be required in the

disciplinary action against the offenders. regulation to be issued.

Section 3. Local Civil Registrars. – Except in the City of Manila, where the duties of local In the case of an exposed child, the person who found the same shall report to the local civil

civil registrar shall be performed by the officer of the Philippine Health Service designated registrar the place, date and hour of finding and other attendant circumstances.

by the Director of said service, the Treasurers of the regular municipalities, municipal In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the

districts and cities shall be local civil registrars of the respective municipalities, municipal parents of the infant or only the mother if the father refuses. In the latter case, it shall not be

districts or cities and shall perform the duties imposed upon them by this Act without extra permissible to state or reveal in the document the name of the father who refuses to

compensation, in addition to their ordinary duties. In his capacity as local civil registrar, the acknowledge the child, or to give therein any information by which such father could be

officer designated by the Director of the Health Service as local civil registrar of Manila and identified.

the treasurers above mentioned shall be under the direction and supervision of the Civil Any fetus having human features which dies after twenty four hours of existence completely

Registrar-General. disengaged from the maternal womb shall be entered in the proper registers as having been

born and having died.

Section 4. Civil Register Books. – The local registrars shall keep and preserve in their

offices the following books, in which they shall, respectively make the proper entries Section 6. Death certificate and register. – No human body shall be buried unless the

concerning the civil status of persons: proper death certificate has been presented and recorded in the office of the local civil

registrar. The physician who attended the deceased or, in his default the health officer
1. Birth and death register;
concerned, or in default of the latter, any member of the family of the deceased or any
2. Marriage register, in which shall be entered not only the marriages solemnized but also
person having knowledge of the death, shall report the same to the local health authorities,
divorces and dissolved marriages.
who shall issue a death certificate and shall order the same to be recorded in the office of
3. Legitimation, acknowledgment, adoption, change of name and naturalization register.
the local civil registrar. The death certificate, which shall be issued by the attending
Section 5. Registration and Certification of Birth. – The declaration of the physician or
physician of the deceased or, in his default, by the proper health officer, shall contain the
following data be furnished by the person reporting the death; (a) date and place of death; minister who officiated, and the civil register where such marriage was recorded; (c) the

(b) full name, (c) age, (d) sex, (e) occupation or profession, (f) residence; (g) status as names of the children legitimated with reference to their birth certificates.

regards marriage, (h) nationality of the deceased, and (i) probable cause of death.
Section 9. Registration of acknowledgment by public instrument. – Any voluntary

During epidemics, bodies may be buried provided the proper death certificates have been acknowledgment by the natural parents or by only one of them by public instrument, shall

secured, which shall be registered not later than five days after the burial of the body. be recorded in the acknowledgment register of the civil registrar of the municipality where

the decree was issued. The names of the interested parties and such other data as may be
Section 7. Registration of marriages. – All civil officers and priests or ministers authorized
required by the regulations to be issued shall be entered in register.
to solemnize marriages shall send a copy of each marriage contract solemnized by them to
It shall be the duty of the natural parents whose voluntary acknowledgment was may be
the local civil registrar within the time limit specified in the existing Marriage Law.
means of a public instrument to send a certified copy thereof to the local civil registrar of the

In cases of divorce and annulment of marriage, it shall be the duty of the successful municipality in the civil register whereof the birth of the acknowledged child was recorded,

petitioner for divorce or annulment of marriage to send a copy of the final decree of the not later than twenty days after the execution of such instrument, for the registration thereof.

court to that local civil registrar of the municipality where the dissolved or annulled marriage
Section 10. Registrations of adoptions, changes of name, and naturalization. – In
was solemnized.
cases of adoptions, changes of name, and naturalization, it shall be the duty of the
In the marriage register there shall be entered the full name and address of each of the
interested parties or petitioners to register the same in the local civil registrar of the
contracting parties, their ages, the place and date of the solemnization of the marriage, the
municipality where the birth of the acknowledged child was registered setting forth the
names and addresses of the witnesses, the full name, address, and relationship of the
following data: (a) full name of the natural child acknowledged; (b) age; (c) date and place of
minor contracting party or parties or the person or persons who gave their consent to the
birth; (d) status as to marriage, and residence of the child acknowledged; (e) full name of
marriage, and the full name, title, and address of the person who solemnized the marriage.
the natural father or mother who makes the acknowledgment; (f) full name of the notary
In cases of divorce or annulment of marriages, there shall be recorded the names of the
public before whom the document was acknowledged; (g) full names of witnesses to
parties divorced or whose marriage was annulled, the date of the decree of the court, and
document; (h) date and place of acknowledgment of said document and entry and page
such other details as the regulations to be issued may require.
number of the notarial register in which the name was recorded.

Section 8. Registration of legitimations by subsequent marriage. – The

Section 11. Duties of clerks of Court to register certain decisions. – In cases of
acknowledgment of the children legitimated by subsequent marriage, referred to in article
legitimation, acknowledgment, adoption, naturalization and change of given or family name,
one hundred and twenty-one of the Civil Code, may be recorded in the legitimation register,
or both, upon the decree which issued the decree to ascertain whether the same has been
entering: (a) The names of the parents; (b) that at the time when the children were
registered, and if this has not been done, to have said decree recorded in the office of the
conceived, the aforesaid parents could have contracted marriage, and that they actually
civil registrar of the municipality where the court is functioning.
contracted marriage, stating the date and place when such marriage was solemnized, the
Section 12. Duties of local civil registrar. – Local civil registrars shall (a) file registrable For registration of a divorce 10.00

certificates and documents presented to them for entry; (b) complete the same monthly and For registration of naturalization 20.00

prepare and send any information required of them by the Civil Registrar-General; (c) issue For registration of a change of name 2.00

certified transcripts or copies of any certificate or document registered upon payment of For certified copies of any documents in the register, for each one hundred words 20.00

proper fees; (d) order the binding, properly classified, of all certificates or documents The Civil Registrar General or any local civil registrar may issue certified copies of

registered during the year; (e) send to the Civil Registrar-General, during the first ten days documents free of charge for official use or at the request of a competent court. All fees

of each month, a copy of the entries made during the preceding month for filing; (f) index the collected for such purposes shall accrue to the general fund of the municipality concerned.

same to facilitate search and identification in case any information is required, and (g)
Section 15. Preservation of present register books. – All birth, death and marriage
administer oaths, free of charge, for civil register purposes.
registers and other papers relating thereto at present in the keeping of the municipal

Section 13. Documents registered are public documents. – The books making up the secretaries or the clerk of the Municipal Court of Manila shall be transferred by the same to

civil register and all documents relating thereto shall be considered public documents and the officers acting as local civil registrars in each city or municipality and shall form part of

be prima facie evidence of the truth of the facts therein contained. They shall be open to the the archives of the latter.

public during office hours and shall be kept in a suitable safe which shall be furnished to the
Section 16. False statement. – Any person who shall knowingly make false statement in
local civil registrar at the expense of the general fund of the municipality concerned. The
the forms furnished and shall present the same for entry in the civil register, shall be
local registrar shall not under any circumstances permit any document entrusted to his care
punished by imprisonment for not less than one month nor more than six months, or by a
to be removed from his office, except by order of a court, in which case the proper receipt
fine of not less than two hundred pesos nor more than five hundred or both, in the discretion
shall be taken. The local civil registrar may issue certified copies of any document filed,
of the court.
upon payment of the proper fees required in this Act.

Section 17. Failure to report. – Other violations. – Any person whose duty is to report any
Section 14. Expenses and fees of the office of the civil registrar. – All expenses in
fact concerning the civil status of persons and who knowingly fails to perform such duty, and
connection with the establishment of local civil registers shall be paid out of municipal funds,
any person convicted of having violated any of the provisions of this Act shall be punished
and for this purpose, municipal councils and boards shall make the necessary appropriation
by a fine of not less than ten pesos nor more than two hundred.
out of their available general funds:

Section 18. Neglect of duty with reference to the provisions of this Act. – Any local
For the registration of documents and for certified copies of documents on file in the local
registrar who fails properly to perform his duties in accordance with the provisions of this Act
civil registrar’s office, fees shall be charged in accordance with the following schedule:
and of the regulations issued hereunder, shall be punished for the first offense, by an
For registration of legitimations P2.00
administrative fine in a sum equal to his salary for not less than fifteen days nor more than
For registration of an adoption 2.00
three months, and for a second or repeated offense, by removal from the service.
For registration of an annulment of marriage 10.00

Section 19. Application of this Act to the special provinces. – The Director of the
National Library, in his capacity as Civil Registrar-General, is hereby authorized upon
recommendation of the (Director of Bureau of Non-Christian Tribes) Secretary of the
Interior, to designate the municipalities in the specially organized provinces where the
provisions of this Act shall be applied.
Section 20. Transitory provisions. – All rights, duties and powers established by Act
Numbered thirty-six hundred and thirteen, entitled the Marriage Law, with the reference to
the procedure for the issuance of the marriage license prior to the solemnization of
marriage, the registration, of marriages, and the filing of the documents in connection
therewith, conferred and imposed by said Act upon the clerk of the Municipal Court of
Manila and the municipal secretaries, are hereby transferred to the officer of the Health
Service in accordance with section three of this Act, and to the municipal treasurers,
respectively, in their capacity as local registrars.
All duties and powers established by subsections (d) and (e) of section twenty-one hundred
and twelve of the Administrative Code, imposed and conferred by said section upon the
municipal secretaries, are hereby likewise transferred to the municipal treasurers in their
capacity as local civil registrars.
Section 21. All acts or parts of acts inconsistent herewith are hereby repealed.
Section 22. This Act shall take effect three months after its approval.
Approved, November 26, 1930.
REPUBLIC ACT NO. 9048 March 22, 2001
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES
376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname – No entry in a civil register shall be changed or corrected without a judicial order,
except for clerical or typographical errors and change of first name or nickname which can
be corrected or changed by the concerned city or municipal civil registrar or consul general
in accordance with the provisions of this Act and its implementing rules and regulations.
Section 2. Definition of Terms – As used in this Act, the following terms shall mean:
(1) "City or Municipal civil registrar" refers to the head of the local civil registry
office of the city or municipality, as the case may be, who is appointed as such by
the city or municipal mayor in accordance with the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who has direct and
personal interest in the correction of a clerical or typographical error in an entry or
change of first name or nickname in the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry in
the civil register that is harmless and innocuous, such as misspelled name or
misspelled place of birth or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference to other
existing record or records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related certificates and
documents kept in the archives of the local civil registry offices, Philippine
Consulates and of the Office of the Civil Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National Statistics
Office which is the agency mandated to carry out and administer the provision of
laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which may consist
of one or more names in addition to the middle and last names.
Section 3. Who May File the Petition and Where. –  Any person having direct and personal
interest in the correction of a clerical or typographical error in an entry and/or change of first
name or nickname in the civil register may file, in person, a verified petition with the local
civil registry office of the city or municipality where the record being sought to be corrected
or changed is kept.
In case the petitioner has already migrated to another place in the country and it would not
be practical for such party, in terms of transportation expenses, time and effort to appear in
person before the local civil registrar keeping the documents to be corrected or changed,
the petition may be filed, in person, with the local civil registrar of the place where the
interested party is presently residing or domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries may
file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be
processed in accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or
nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. –  The petition for change of
first name or nickname may be allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and continuously used by
the petitioner and he has been publicly known by that by that first name or
nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. –  The petition shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by the law to administer
oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and
shall show affirmatively that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry
book containing the entry or entries sought to be corrected or changed.
(2) At least two (2) public or private documents showing the correct entry or entries
upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar or
the consul general may consider relevant and necessary for the approval of the
petition.
In case of change of first name or nickname, the petition shall likewise be supported with
the documents mentioned in the immediately preceding paragraph. In addition, the petition
shall be published at least once a week for two (2) consecutive weeks in a newspaper of
general circulation. Furthermore, the petitioner shall submit a certification from the
appropriate law enforcement agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows: first copy to the concerned city or municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
Section 6. Duties of the City or Municipal Civil Registrar or the Consul General. –  The city
or municipal civil registrar or the consul general to whom the petition is presented shall
examine the petition and its supporting documents. He shall post the petition in a
conspicuous place provided for that purpose for ten (10) consecutive days after he finds the
petition and its supporting documents sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and shall
render a decision not later than five (5) working days after the completion of the posting
and/or publication requirement. He shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General within five (5) working
days from the date of the decision.
Section 7. Duties and Powers of the Civil Registrar General. – The civil registrar general
shall, within ten (10) working days from receipt of the decision granting a petition, exercise
the power to impugn such decision by way of an objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person does not fall
under Section 4.
The civil registrar general shall immediately notify the city or municipal civil registrar or the
consul general of the action taken on the decision. Upon receipt of the notice thereof, the
city or municipal civil registrar or the consul general shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general or file the appropriate
petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the city or
municipal civil registrar or of the consul general within the period prescribed herein, such
decision shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul general, the
petitioner may either appeal the decision to the civil registrar general or file the appropriate
petition with the proper court.

Section 8. Payment of Fees. – The city or municipal civil registrar or the consul general
shall be authorized to collect reasonable fees as a condition for accepting the petition. An
indigent petitioner shall be exempt from the payment of the said fee.
A.M. No. 02-11-10-SC             March 4, 2003
Section 9. Penalty Clause. -  A person who violates any of the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than six (6) years but not more RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID
than twelve (12) years, or a fine of not less than Ten thousand pesos (P10,000.00) but not MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
more than One Hundred Thousand pesos (P100,000.00), or both, at the discretion of the
court. RESOLUTION

In addition, if the offender is a government official or employee he shall suffer the penalties
provided under civil service laws, rules and regulations.
Section 10. Implementing Rules and Regulations.  - The civil registrar general shall, in
consultation with the Department of Justice, the Department of Foreign Affairs, the Office of
the Supreme Court Administrator, the University of the Philippines Law Center and the
Philippine Association of Civil Registrars, issue the necessary rules and regulations for the
effective implementation of this Act not later than three (3) months from the effectivity of this
law.
          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 APPROVE the same.
          The Rule shall take effect on March 15, 2003 following its publication in a newspaper
of general circulation not later than March 7, 2003
          March 4, 2003

Section 11. Retroactivity Clause.  - This Act shall have retroactive effect insofar as it does Davide, C.J. Bellosillo, Puno, Vitug Mendoza, Panganiban, Quisumbing, Sandoval-
not prejudice or impair vested or acquired rights in accordance with the Civil Code and other Gutierrez, Carpio, Austria-Martinez, Carpio Morales, Callejo, Sr. and Azcuna
laws. Ynares-Santiago, on leave
Corona, on official leave
Section 12. Separability Clause. -  If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARIAGES AND
declaration. ANNULMENT OF VOIDABLE MARRIAGES

Section 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other Section 1. Scope - This Rule shall govern petitions for declaration of absolute nullity of void
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed marriages and annulment of voidable marriages under the Family Code of te Philippines.
or modified accordingly.

          The Rules of Court shall apply suppletorily.

Section 14. Effectivity Clause.  - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.
Section 2. Petition for declaration of absolute nullity of void marriages.
Approved: March 22, 2001
(a) Who may file. - A petition for declaration of absolute nullity of void marriage
may be filed solely by the husband or the wife. (n)
(Sgd.)
(b) Where to file. - The petition shal be filed in the Family Court.
GLORIA MACAPAGAL-ARROYO
President of the Philippines
 (c) Imprecriptibility ofaction or defense. - An Action or defense for the declaration of
absolute nullity of void marriage shall not prescribe.
(d) What to allege. - A petition under Article 36 of Family Code shall specially
allege te complete facts showing the either or both parties were psychologically
incapacitated from complying with the essential marital obligations of marriages at
the time of the celebration of marriage even if such incapacity becomes manifest
only after its celebration.
          The 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 expert opinion
need not be alleged.
Section 3. Petition for annulment of voidable marriages. -
(a) Who may file. - The following persons may file a petition for annulment of
voidable marriage based on any of the grounds under article 45 of the Family Code
and within the period herein indicated:
(1) The contracting party whose parent, or guardian, or person exercising
substitute parental authority did not give his or her consent, within five
years after attaining the age of twenty-one unless, after attaining the age
of twenty-one, such party freely cohabitated with the other as husband or
wife; or the parent, guardian or person having legal charge of the
contracting party , at any time before such party has reached the age of
twenty-one;
(2) The sane spouse who had no knowledge of the other's insanity; or by
any relative, guardian, or person having legal charge of the insane, at any
time before the death of either party; 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 with the other as husband or
wife;
(3) The injured party whose consent was obtained by fraud, within five
years after the discovery of the fraud, provided that said party, with full
knowledge of the facts constituting the fraud, has not freely cohabited with
the other as husband or wife;
(4) The injured party whose consent was obtained by force, intimidation,
or undue influence, within 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 with the other as husband or wife;
(5) The injured party where the other spouse is physically incapable of
consummating the marriage with the other and such incapability
continues and appears to be incurable, within five years after the
celebration of marriage; and
(6) Te injured party where the other party was afflicted with a sexually-
transmissible disease found to be serious and appears to be incurable,
within five years after the celebration of marriage.
(b) Where to file. - The petition shall be filed in the Family Court.
Section 4. Venue. - The Petition shall be filed in the Family Court of the province or city
where the petitioner or the respondent has been residing for at least six months prior to the
date of filing. Or in the case of non-resident respondent, where he may be found in the
Philippines, at the election of the petitioner.
Section 5. Contents and form of petition. - (1) The petition shall allege the complete facts
constituting the cause of action.
(2) It shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as well as the properties
involved.
          If there is no adequate provision in a written agreement between 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
conjugal property, and other matters similarly requiringurgent action.
(3) It must be verified and accompanied celebration of marriage. (b) Where to file.-
The petition shall be filed in the Family Court.
Section 4. Venue. - The petition shall be filed in the Family Court of the province or city
where the petitioner or the respondent has been residing for at least six months prior to the
date of filing, or in the case of a non-resident respondent, where he may be found in the
Philippines at the election of the petitioner.
Section 5. Contents and form of petition. - (1) The petition shall allege the complete facts
constituting the cause of action.
(2) it shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as well as the properties
involved.
          If there is no adequate provision in a written agreement between 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
conjugal property, and other matters similarly requiring urgent action.
 (3) it must be verified and accompanied by a certification against forum shopping.
The verification and certification must be signed personally by me petitioner. No
petition may be filed solely by counsel or through an attorney-in-fact.
          If the petitioner is in a foreign country, the verification and certification
against forum shopping shall be authenticated by the duly authorized officer of the
Philippine embassy or legation, consul general, consul or vice-consul or consular
agent in said country.
(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition on
the Office of the Solicitor General and the Office of the City or Provincial
Prosecutor, within five days from the date of its filing and submit to the court proof
of such service within the same period.
          Failure to comply with any of the preceding requirements may be a ground
for immediate dismissal of the petition.
Section 6. Summons. - The service of summons shall be governed by Rule 14 of the Rules
of Court and by the following rules:
(1) Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service of
summons may, by leave of court, be effected upon him by publication once a week
for two consecutive weeks in a newspaper of general circulation in the Philippines
and in such places as the court may order In addition, a copy of the summons shall
be served on the respondent at his last known address by registered mail or any
other means the court may deem sufficient.
(2) The summons to be published shall be contained in an order of the court with
the following data: (a) title of the case; (b) docket number; (c) nature of the petition;
(d) principal grounds of the petition and the reliefs prayed for; and (e) a directive for
the respondent to answer within thirty days from the last issue of publication.
Section 7. Motion to dismiss. - No motion to dismiss the petition shall be allowed except on
the ground of lack of jurisdiction over the subject matter or over the parties; provided,
however, that any other ground that might warrant a dismissal of the case may be raised as
an affirmative defense in an answer.
Section 8. Answer. - (1) The respondent shall file his answer within fifteen days from
service of summons, or within thirty days from the last issue of publication in case of service
of summons by publication. The answer must be verified by the respondent himself and not
by counsel or attorney-in-fact.
(2) If the respondent fails to file an answer, the court shall not declare him or her in
default.
(3) Where no answer is filed or if the answer does not tender an issue, the court
shall order the public prosecutor to investigate whether collusion exists between
the parties.
Section 9. Investigation report of public prosecutor. - (1) Within one month after receipt of
the court order mentioned in paragraph (3) of Section 8 above, the public prosecutor shall
submit a report to the court stating whether the parties are in collusion and serve copies
thereof on the parties and their respective counsels, if any.
(2) If the public prosecutor finds that collusion exists, he shall state the on the
finding of collusion within ten days from receipt of a copy of a report The court shall
set the report for hearing and If convinced that the parties are in collusion, it shall
dismiss the petition.
(3) If the public prosecutor reports that no collusion exists, the court shall set the
case for pre-trial. It shall be the duty of the public prosecutor to appear for the
State at the pre-trial.
Section 10. Social worker. - The court may require a social worker to conduct a case study
and submit the corresponding report at least three days before the pre-trial. The court may
also require a case study at any stage of the case whenever necessary.
Section 11. Pre-trial. -
(1) Pre-trial mandatory. - A pre-trial is mandatory. On 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 exists between
the parties.
(2) Notice of pre-trial. - (a) The notice of pre-trial shall contain:
(1) the date of pre-trial conference; and
(2) 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.
(b) The notice shall be served separately on the parties and their
respective counsels as well as on the public prosecutor. It shall be their
duty to appear personally at the pre-trial.
(c) Notice of pre-trial shall be sent to the respondent even if he fails to file
an answer. In case of summons by publication and the respondent failed
to file his answer, notice of pre-trial shall be sent to respondent at his last
known address.
Section 12. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements as may
be allowed by law, indicating the desired terms thereof;
(b) A concise statement of their respective claims together with the applicable laws
and authorities;
(c) Admitted facts and proposed stipulations of facts, as well as the disputed
factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly stating
or describing the nature and purpose thereof;
(e) The number and names of the witnesses and their respective affidavits; and
(f) Such other matters as the court may require.
          Failure to file the pre-trial brief or to comply with its required contents shall have the
same effect as failure to appear at the pre-trial under the succeeding paragraphs.
Section 13. Effect of failure to appear at the pre-trial. - {a) If the petitioner fails to appear
personally, the case shall be dismissed unless his counsel or a duly authorized
representative appears in court and proves a valid excuse for the non-appearance of the
petitioner.
(b) If the respondent has filed his answer but fails to appear, the court shall
proceed with the pre-trial and require the public prosecutor to investigate the non-
appearance of the respondent and submit within fifteen days thereafter a report to
the court stating whether his non-appearance is due to any collusion between the
parties. If there Is no collusion, the court shall require the public prosecutor to
intervene for the State during the trial on the merits to prevent suppression or
fabrication of evidence.
Section 14. Pre-trial conference. -At the pre-trial conference, the court:
(a) May refer the issues to a mediator who shall assist the parties in reaching an
agreement on matters not prohibited by law.
          The mediator shall render a report within one month from referral which, for
good reasons, the court may extend for a period not exceeding one month.
(b) In case mediation is not availed of or where it fails, the court shall proceed with
the pre-trial conference, on which occasion it shall consider the advisability of
receiving expert testimony and such other makers as may aid in the prompt
disposition of the petition.
Section 15. Pre-trial order. - {a) The proceedings in the pre-trial shall be recorded. Upon
termination of the pre-trial, the court shall Issue a pre-trial order which shall recite in detail
the matters taken up In the conference, the action taken thereon, the amendments allowed
on the pleadings, and except 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.
(b) Should the action proceed to trial, the order shall contain a recital of the
following;
(1) Facts undisputed, admitted, and those which need not be proved
subject to Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked
and will be presented;
(4) Names of witnesses who will be presented and their testimonies in the
form of affidavits; and
(5) Schedule of the presentation of evidence.
(c) The pre-trial order shall also contain a directive to the public prosecutor to
appear for the State and take steps to prevent collusion between the parties at any
stage of the proceedings and fabrication or suppression of evidence during the trial
on the merits.
(d) The parlies shall not be allowed to raise issues or present witnesses and
evidence other than those stated in the pre-trial order.
The order shall control the trial of the case, unless modified by the court to prevent
manifest injustice.
(e) The parties shall have five days from receipt of the pre-trial order to propose
corrections or modifications.
Section 16. Prohibited compromise. - The court-shall not allow compromise on prohibited
matters, such as the following:
(a) The civil status of persons;
 (b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Section 17. Trial. - (1) The presiding judge shall personally conduct the trial of the case. No
delegation of the reception of evidence to a commissioner shall be allowed except as to
matters involving property relations of the spouses.
(2) The grounds for declaration of absolute nullity or annulment of marriage must
be proved. No judgment on the pleadings, summary judgment, or confession of
judgment shall be allowed.
(3) The court may order the exclusion from the courtroom of all persons, including
members of the press, who do not have a direct interest in the case. Such an order
may be made if the court determines on the record that requiring a party to testify
in open court would not enhance the ascertainment of truth; would cause to the
party psychological harm or inability to effectively communicate due to
embarrassment, fear, or timidity; would violate the right of a party to privacy; or
would be offensive to decency or public morals.
(4) No copy shall be taken nor any examination 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, except by order of the court.
Section 18. Memoranda. - The court may require the parties and the public prosecutor, in
consultation with the Office of the Solicitor General, to file their respective memoranda
support of their claims within fifteen days from the date the trial is terminated. It may require
the Office of the Solicitor General to file its own memorandum if the case is of significant
interest to the State. No other pleadings or papers may be submitted without leave of court.
After the lapse of the period herein provided, the case will be considered submitted for
decision, with or without the memoranda.
Section 19. Decision. - (1) If 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 with Article 50 and 51 of the Family Code as implemented
under the Rule on Liquidation, Partition and Distribution of Properties.
(2) The parties, including the Solicitor General and the public prosecutor, shall be
served with copies of the decision personally or by registered mail. If the
respondent summoned by publication failed to appear in the action, the dispositive
part of the decision shall be published once in a newspaper of general circulation.
(3) The decision becomes final upon the expiration of fifteen days from notice to
the parties. Entry of judgment shall be made if no motion for reconsideration or
new trial, or appeal Is filed by any of the parties the public prosecutor, or the
Solicitor General.
(4) Upon the finality of the decision, the court shall forthwith issue the
corresponding decree if the parties have no properties.
          If the parties have properties, the court shall observe the procedure prescribed in
Section 21 of this Rule.
          The entry of judgment shall be registered in the Civil Registry where the marriage was
recorded and In the Civil Registry where the Family Court'granting the petition for
declaration of absolute nullity or annulment of marriage is located.
Section 20. Appeal. -
(1) Pre-condition. - No appeal from the decision shall be allowed unless the
appellant has filed a motion for reconsideration or new trial within fifteen days from
notice of judgment.
(2) Notice of appeal. - An aggrieved party or the Solicitor General may appeal from
the decision by filing a Notice of Appeal within fifteen days from notice of denial of
the motion for reconsideration or new trial. The appellant shall serve a copy of the
notice of appeal on the adverse parties.
Section 21. Liquidation, partition and distribution, custody, support of common children and
delivery of their presumptive iegltimes. - Upon entry of the judgment granting the petition, or,
in case of appeal, upon receipt of the entry of judgment of the appellate court granting the
petition, the Family Court, on motion of either party, shall proceed with the liquidation,
partition and distribution of the properties of the spouses, including custody, support of
common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51
of the Family Code unless such matters had been adjudicated in previous judicial
proceedings.
Section 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of
Marriage." (a) The court shall issue the Decree after;
(1) Registration of the entry of judgment granting the petition for
declaration of nullity or annulment of marriage in the Civil Registry where
the marriage was celebrated and in the Civil Registry of the place where
the Family Court is located;
 (2) Registration of the approved partition and distribution of the properties
of the spouses, in the proper Register of Deeds where the real properties
are located; and
(3) The delivery of the children's presumptive legitimes in cash, property,
or sound securities.
(b) The court shall quote in the Decree the dispositive portion of the judgment
entered and attach to the Decree the approved deed of partition.
          Except in the case of children under Articles 36 and 53 of the Family Code, the court
shall order the Local Civil Registrar to issue an amended birth certificate indicating the new
civil status of the children affected.
Section 23. Registration and publication of the decree; decree as best evidence. - (a) The
prevailing party shall cause the registration of the Decree in the Civil Registry where the
marriage was registered, the Civil Registry of the place where the Family Court is situated,
and in the National Census and Statistics Office. He shall report td the court compliance
with this requirement within thirty days from receipt of the copy of the Decree.
(b) In case service of summons was made by publication, the parties shall cause
the publication of the Decree once in a newspaper of general circulation.
(c) The 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 well as the properties or
presumptive legitimes delivered to their common children.
Section 24. Effect of death of a party; duty of the Family Court or Appellate Court. - (a) In
case a party dies at any stage of the proceedings before the entry of judgment, the court
shall order the case closed and terminated, without prejudice to the settlement of the estate
in proper proceedings in the regular courts.
(b) If the party dies after the entry of judgment of nullity or annulment, the judgment
shall be binding upon the parties and their successors in interest in the settlement
of the estate in the regular courts.
Section 25. Effectlvity. - This Rule shall take effect on March 15, 2003 following its
publication in a newspaper of general circulation not later than March 7, 2003.
A.M. No. 02-11-12-SC             March 4, 2003
RE: PROPOSED RULE ON PROVISIONAL ORDERS
RESOLUTION
          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 Orders, the Court Resolved to APPROVED the same.
          The Rule shall take effect on March 15, 2003 following its publication in a newspaper
of general circulation not later than March 7, 2003
          March 4, 2003
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval
Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr. and Azcuna, JJ.
Ynares-Santiago, on leave,
Corona, officially on leave.
RULE ON PROVISIONAL ORDERS
Section 1. When Issued, - Upon 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 with or without a hearing. These orders may be enforced immediately, with
or without a bond, and for such period and under such terms" and conditions as the court
may deem necessary.
Section 2. Spousal Support. - In determining support for the spouses, the court may be
guided by the following rules:
(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.
(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, and that spouse's future earning
capacity; (3) the-duration of the marriage; (4) the comparative financial resources
of the spouses, including their comparative earning abilities in the labor market; (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 of the spouses; (8)
the physical and emotional conditions of the spouses; (9) the ability of the
supporting spouse to give support, taking into account that spouse's earning
 capacity, earned and unearned income, assets, and standard of living; and (10)
any other factor the court may deem just and equitable.
(d) The Family Court may direct the deduction of the provisional support from the
salary of the spouse.
Section 3. Child Support. - The common children of the spouses shall be supported from
the properties of the absolute community or the conjugal partnership.
          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 the child. It shall
be in proportion to the resources or means of the giver and to the necessities of the
recipient.
          In determining the amount of provisional 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; (4) the
non-monetary contributions that the parents will make toward the care and well-being of the
child.
          The Family Court may direct the deduction of the provisional support from the salary
of the parent.
Section 4. Child Custody. - In determining the right party or person to whom the custody of
the child of the parties may be awarded pending the petition, the court shall consider the
best interests of the child and shall give paramount consideration to the material and moral
welfare of the child.
          The court may likewise consider the following factors: (a) the agreement of the
parties; (b) the desire and ability of each parent to foster an open and loving relationship
between the child and the other parent; (c) the child's health, safety, and welfare; (d) any
history of child or spousal abase by the person seeking custody or who has had any filial
relationship with the child, including anyone courting the parent; (e) the nature and
frequency of contact with both parents; (f) habitual use of alcohol or regulated substances;
(g) marital misconduct; (h) the most suitable physical, emotional, spiritual, psychological and
educational environment; and (i) the preference of the child, if over seven years of age and
of sufficient discernment, unless the parent chosen is unfit.
          The court may award provisional custody in the following order of preference: (1) to
both parents jointly; (2) to either parent taking 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 unfit; (3} 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 disqualified; (4) to the eldest brother or sister over twenty-
one years of age, unless he or she is unfit or disqualified; (5) to the child's actual custodian
over twenty-one years of age, unless unfit or disqualified; or (6) to any other person deemed
by the court suitable to provide proper care and guidance for the child.
          The custodian temporarily designated by the" court shall give the court and the
parents five days notice of any plan to change the residence of the child or take him out of
his residence for more than three days provided it does not prejudice the visitation rights of
the parents.
Section 5. Visitation Rights. - Appropriate visitation rights shall be provided to the parent
who is not awarded provisional custody unless found unfit or disqualified by the court. .
Section 6. Hold Departure Order. - Pending resolution of the petition, no child of the parties
shall be brought out of the country without prior order from the court.
          The court, motu proprio or upon application under oath, may issue ex-parte a hold
departure order, addressed to the Bureau of Immigration and Deportation, directing it not to
allow the departure of the child from the Philippines without the permission of the court.
          The Family Court issuing the hold departure order shall furnish the Department of
Foreign Affairs and the Bureau of Immigration and Deportation of the Department of Justice
a copy of the hold departure order issued within twenty-four hours from the time of its
issuance and through the fastest available means of transmittal.
          The hold-departure order shall contain the following information:
(a) the complete name (including the middle name), the date and place of birth,
and the place of last residence of the person against whom a hold-departure order
has been issued or whose departure from the country has been enjoined;
(b) the complete title and docket number of the case in which the hold departure
was issued;
(c) the specific nature of the case; and
(d) the date of the hold-departure order.
          If available, a recent photograph of the person against whom a hold-departure order
has been issued or whose departure from the country has been enjoined should also be
included.
          The court may recall the order. motu proprio or upon verified motion of any of the
parties after summary hearing, subject to such terms and conditions as may be necessary
for the best interests of the child.
Section 7. Order of Protection. - The court may issue an Order of Protection requiring any
person:
(a) to stay away from the home, school, business, or place of employment of the
child, other parent or any other party, and to stay away from any other specific
place designated by the court;
(b) to refrain from harassing, intimidating, or threatening such child or the other
parent or any person to whom custody of the child is awarded;
(c) to refrain from acts of commission or omission that create an unreasonable risk
to the health, safety, or welfare of the child;
(d) to permit a parent, or a person entitled to visitation by a court order or a
separation agreement, to visit the child at stated periods;
(e) to permit a designated party to enter the residence during a specified period of
time in order to take persona! belongings not contested in a proceeding pending
with the Family Court;
(f) to comply with such other orders as are necessary for the protection of the child.
Section 8. Administration of Common Property. - If a spouse without just cause abandons
the other or-fails to comply with 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 subject
to such precautionary conditions it may impose.
          The receiver or administrator may not dispose of or encumber any common property
or specific separate property of either spouse without prior authority of the court.
          The provisional order issued by the court shall be registered in the proper Register of
Deeds and annotated in all titles of properties subject of the receivership or administration.
Section 9. Effectivity. - This Rule shall take effect on March 15, 2003 following its
publication in a newspaper of general circulation not later than March 7, 2003.
A.M. No. 02-11-11-SC             March 4, 2003
RE: PROPOSED RULE ON LEGAL SEPARATION
RESOLUTION
          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 Legal
Separation, the Court Resolved to APPROVED the same.
          The Rule shall take effect on March 15, 2003 following its publication in a newspaper
of general circulation not later than March 7, 2003
          March 4, 2003
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval
Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr. and Azcuna, JJ.
Ynares-Santiago, on leave,
Corona, officially on leave.
RULE ON LEGAL SEPARATION
Section 1. Scope. - This Rule shall govern petitions for legal separation under the Family
Code of the Philippines.
          The Rules of Court shall apply suppletorily.
Section 2. Petition. - (a) Who may and when to file. - (1) A petition for legal separation may
be filed only by the husband or the wife, as the case may be within five years from the time
of the occurrence of any of the following causes:
(a) Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner;
(b) Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
(c) 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 inducement;
(d) Final judgment sentencing the respondent to imprisonment of more
than six years, even if pardoned;
(e) Drug addiction or habitual alcoholism of the respondent;
(f) Lesbianism or homosexuality of the respondent;
 (g) Contracting by the respondent of a subsequent bigamous marriage,
whether in or outside the Philippines;
(h) Sexual infidelity or perversion of the respondent;
(i) Attempt on the life of petitioner by the respondent; or
(j) Abandonment of petitioner by respondent without justifiable cause for
more than one year.
(b) Contents and form. - The petition for legal separation shall:
(1) Allege the complete facts constituting the cause of action.
(2) State 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. If there is no adequate provision in a
written agreement between 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 conjugal
property, and other similar matters requiring urgent action,
(3) Be verified and accompanied by a certification against forum
shopping. The verification and certification must be personally signed by
the petitioner. No petition may be filed solely by counsel or through an
attorney-in-fact. If the petitioner is in a foreign country, the verification and
certification against forum shopping shall be authenticated by the duly
authorized officer of the Philippine embassy or legation, consul general,
consul or vice-consul or consular agent in said country
(4) Be filed in six copies. The petitioner shall, within 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 within
the same period.
          Failure to comply with the preceding requirements may be a ground
for immediate dismissal of the petition.
(c) Venue. - The petition shall be filed in the Family Court of the province or city
where the petitioner or the respondent has been residing for at least six months
prior to the date of filing "or in The case of a non-resident respondent, where he
may be found in the Philippines, at the election of the petitioner.
Section 3. Summons. - The service of summons shall be governed by Rule 14 of the Rules
of Court and by the following rules:
(a) Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service of
summons may, by leave of court, be effected upon him by publication once a week
for two consecutive weeks in a newspaper of general circulation in the Philippines
and in such place as the court may order. In addition, a copy of the summons shall
be served on respondent at his last known address by registered mail or by any
other means the court may deem sufficient.
(b) The summons to be published shall be contained in an order of the court with
the following data; (1) title of the case; (2) docket number; (3) nature of the petition;
(4) principal grounds of the petition and the reliefs prayed for, and (5) a directive for
respondent to answer within thirty days from the last issue of publication.
Section 4. Motion to Dismiss. - No motion to dismiss the petition shall be allowed except on
the ground of lack of jurisdiction over the subject matter or over the parties; provided,
however, that any other ground that might warrant a dismissal of the case may be raised as
an affirmative defense in an answer.
Section 5. Answer. - (a) The respondent shall file his answer within fifteen days from receipt
of summons, or within thirty days from the last issue of publication in case of service of
summons by publication. The answer must be verified by respondent himself and not by
counsel or attorney-in-fact.
(b) If the respondent fails to file an answer, the court shall not declare him in
default.
(c) Where no answer is filed/or if the answer does not tender an issue the court
shall order the public prosecutor to investigate whether collusion exists between
the parties.
Section 6. Investigation Report of Public Prosecutor. - (a) Within one one month after
receipt of the court order mentioned in paragraph (c) of the preceeding section, the public
prosecutor shall submit a report to the court on whether the parties are in collusion and
serve copies on the parties and their respective counsels, if any.
(b) If the public prosecutor finds that collusion exists, he shall state the basis
thereof in his report. The parties shall file their respective comments on the finding
of collusion within ten days from receipt of copy of the report. The court shall set
the report for hearing and if convinced that parties are in collusion,-it shall dismiss
the petition.
(c) If the public prosecutor reports that no collusion exists, the court shall set the
case for pre-trial. It shall be the duty of the public prosecutor to appear for the
State at the pre-trial.
Section 7. Social Worker. - The court may require a social worker to conduct a case study
and to submit the corresponding report at least three days before the pre-trial. The court
may also require a case study at any stage of the case whenever necessary,
Section 8. Pre-trial. -
(a) Pre-trial mandatory.-A pre-trial is mandatory. On 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 exists between
the parties on a date not earlier than six months from date of the filing of the
petition.
(b) Notice of Pre-trial.-(1) The notice of pre-trial shall contain:
(a) the date of pre-trial conference; and
(b) 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.
(2) The notice shall be served separately on the parties and their
respective counsels as well as on the public prosecutor. It shall be their
duty to appear personally at the pre-trial.
(3) Notice of pre-trial shall be sent to the respondent even if he fails to file
an answer. In case of summons by publication and the respondent failed
to file his answer, notice of pre-trial shall be sent to respondent at his last
known address.
Section 9. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(1) A statement of the willingness of the parties to enter into agreements as may
be allowed by law, indicating the desired terms thereof;
(2) A concise statement of their respective claims together with the applicable laws
and authorities;
(3) Admitted facts and proposed stipulations of facts, as well as the disputed
factual and legal issues;
(4) All the evidence to be presented, including expert opinion, if any, briefly stating
or describing the nature and purpose thereof;
(5) The number and names of the witnesses and their respective affidavits; and
(6) Such other matters as the court may require.
          Failure to file the pre-trial brief or to comply with its required contents shall have the
same effect as failure to appear at the pre-trial under the succeeding section.
Section 10. Effect of failure to appear at the pre-trial. - (1) If the petitioner fails to appear
personally, the case shall be dismissed unless his counsel or a duly authorized
representative appears in court and proves a valid excuse for the non-appearance of the
petitioner.
(2) If the respondent filed his answer but fails to appear, the court shall proceed
with the pre-trial and require the public prosecutor to investigate the non-
appearance of the respondent and submit within fifteen days a report to the court
stating whether his non-appearance is due to any collusion between the parties/ If
there is no collusion the court shall require the public prosecutor to intervene for
the State during the trial on the.merits to prevent suppression or fabrication of
evidence.
Section 11. Pre-trial conference. - At the pre-trial conference, the court may refer the issues
to a mediator who shall assist the parties in reaching an agreement on matters not
prohibited by law.
          The mediator shall render a report within one month from referral which, for good
reasons, the court may extend for a period not exceeding one month.
          In case mediation is not availed of or where it fails, the court shall proceed with the
pre-trial conference, on which occasion it shall consider the advisability of receiving expert
testimony and such other matters as may aid in the prompt disposition of the petition.
Section 12. Pre-trial order. - (a) The proceedings in the pre-trial shall be recorded. Upon
termination of the pre-trial, the court shall issue a pre-trial order which shall recite in detail
the matters taken up in the conference, the action taken thereon, the amendments allowed
on the pleadings, and, except 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.
(b) Should the action proceed to trial, the order shall contain a recital of the
following:
(1) Facts undisputed, admitted, and those which need not be proved
subject to Section 13 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked
and will be presented;
 (4) Names of witnesses who will be presented and their testimonies in the
form of affidavits; and
(5) Schedule of the presentation of evidence.
          The pre-trial order shall also contain a directive to the public prosecutor to
appear for the State and take steps to prevent collusion between the parties at any
stage of the proceedings and fabrication or suppression of evidence during the trial
on the merits.
(c) The parties shall not be allowed to raise issues or present witnesses and
evidence other than those stated in the pre-trial order. The order shall control the
trial of the case unless modified by the court to prevent manifest injustice.
(d) The parties shall have five days from receipt of the pre-trial order to propose
corrections or modifications.
Section 13. Prohibited compromise. - The court shall not allow compromise on prohibited
matters, such as the following:
(1) The civil status of persons;
(2) The validity of a marriage or of a legal separation;
(3) Any ground lor legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.
Section 14. Trial. - (a) The presiding judge shall personally conduct the trial of the case. No
delegation of the reception of evidence to a commissioner shall be allowed except as to
matters involving property relations of the spouses.
(b) The grounds for legal separation must be proved. No judgment on the
pleadings, summary judgment, or confession of judgment shall be allowed.
(c) The court may order the exclusion from the courtroom of all persons, including
members of the press, who do not have a direct interest in the case. Such an order
may be made if the court determines on the record othat requiring a party to testify
in open court would not enhance the ascertainment of truth; would cause to the
party psychological harm or inability to effectively communicate due to
embarrassment, fear, or timidity; would violate the party's right to privacy; or would
be offensive to decency
(d) No copy shall be taken nor any examination 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, except by order of the court.
Section 15. Memoranda. - The court may require the parties and the public prosecutor to
file their respective memoranda in support of their claims within fifteen days from the date
the trial is terminated. No other pleadings or papers may be submitted without leave of
court. After the lapse of the period herein provided, the case will be considered submitted
for decision, with or without the memoranda.
Section 16. Decision. - (a) The court shall deny the petition on any of the following grounds:
(1) The aggrieved party has condoned the offense or act complained of or
has consented to the commission of the offense or act complained of;
(2) There is connivance in the commission of the offense-or act
constituting the ground for legal separation;
(3) Both parties have given ground for legal separation;
(4) There is collusion between the parties to obtain the decree of legal
separation; or
(5) The action is barred by prescription.
(b) If the court renders a decision granting the petition, it shall declare therein that
the Decree of Legal Separation shall be issued by the court only after full
compliance with liquidation under the Family Code.
          However, in the absence of any property of.the parties, the court shall
forthwith issue a Decree of Legal Separation which shall be registered in the Civil
Registry where the marriage was recorded and in the Civil Registry where the
Family Court granting the legal separation is located.
(c) The decision shall likewise declare that:
(1) The spouses are entitled to live separately from each other but the
marriage bond is not severed;
(2) The obligation of mutual support between the spouses ceases; and
 (3) The offending spouse is disqualified from inheriting from the innocent
spouse by intestate succession, and provisions in favor of the offending
spouse made in the will of the innocent spouse are revoked by operation
of law.
(d) The parties, including the Solicitor General and the public prosecutor, shall be
served with copies of the decision personally or by registered mail. If the
respondent summoned by publication failed to appear in the action, the dispositive
part of the decision shall also be published once in a newspaper of general
circulation.
Section 17. Appeal. -
(a) Pre-condition. - No appeal from the decision shall be allowed unless the
appellant has filed a motion for reconsideration or new trial within fifteen days from
notice of judgment.
(b) Notice of Appeal - An aggrieved party or the Solicitor General may appeal from
the decision by filing a Notice of Appeal within fifteen days from notice of denial of
the motion for reconsideration or new trial. The appellant shall serve a copy of the
notice of appeal upon the adverse parties.
Section 18. Liquidation, partition and distribution, custody, and support of minor children. -
Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the
entry of judgment of the appellate court granting the petition, the Family Court, on motion of
either party, shall proceed with the liquidation, partition and distribution of the properties of
the spouses, including custody and support of common children, under the Family Code
unless such matters had been adjudicated in previous judicial proceedings.
Section 19. Issuance of Decree of Legal Separation. - (a) The court shall issue the Decree
of Legal Separation after:
(1) registration of the entry of judgment granting the petition tor legal
separation in the Civil Registry where the marriage was celebrated and in
the Civil Registry where the Family Court is located; and
(2) registration of the approved partition and distribution of the properties
of the spouses, in the proper Register of Deeds where the real properties
are located.
(b) The court shall quote in the Decree the dispositive portion of the judgment
entered and attach to the Decree the approved deed of partition.
Section 20. Registration and publication of the Decree of Legal Separation; decree as best
evidence. -
(a) Registration of decree.-The prevailing party shall cause the registration of the
Decree in the Civil Registry where the marriage was registered, in the Civil
Registry of the place where the Family Court is situated, and in the National
Census and Statistics Office. He shall report to the court compliance with this
requirement within thirty days iron receipt of the copy of the Decree.
(b) Publication of decree.-- In case service of summons was made by publication,
the parties shall cause the publication of the Decree once in a newspaper of
general circulation.
(c) Best evidence.-The 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.
Section 21. Effect of death of a party; duty of the Family Court or Appellate Court. - (a) In
case a party dies at any stage of me proceedings before the entry of judgment, the court
shall order the case closed and terminated without prejudice to the settlement of estate
proper proceedings in the regular courts.
(b) If the party dies after the entry of judgment, the same shall be binding upon the
parties and their successors in interest in the settlement of the estate in the regular
courts.
Section 22. Petition for revocation of donations. - (a) Within five (5) 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 revoke the
donations in favor of the offending spouse.
(b)The revocation of the donations shall be recorded in the Register of Deeds of
Deeds in the places where the properties are located.
(c)Alienations, liens, and encumbrances registered in good faith. before the
recording of the petition for revocation in the registries of property shall be
respected.
(d)After the issuance of the Decree of Legal Separation, the innocent spouse may
revoke the designation of the offending spouse as a beneficiary in any insurance
policy even if such designation be stipulated as irrevocable. The revocation or
change shall take effect upon written notification thereof to the insurer.
Section 23. Decree of Reconciliation. - (a) If the spouses had reconciled, a joint
manifestation under oath, duly signed by the spouses, may be filed in the same proceeding
for legal separation.
(b) If the reconciliation occurred while the proceeding for legal separation is
pending, the court shall immediately issue an order terminating the proceeding.
 (c) If the reconciliation occurred after the rendition of the judgment granting the
petition for legal separation but before the issuance of the Decree, the spouses
shall express in their manifestation whether or not they agree to revive the former
regime of their property relations or choose a new regime.
          The 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 which the spouses shall be covered.
(d) If 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 new regime.
(e) In case of paragraphs (b), (c), and (d). if the reconciled spouses choose to
adopt a regime of property relations different from that which they had prior to the
filing of the petition for legal separation, the spouses shall comply with Section 24
hereof.
(f) The decree of reconciliation shall be recorded in the Civil Registries where the
marriage and the Decree had been registered.
Section 24. Revival of property regime or adoption of another. -
(a) In case of reconciliation under Section 23, paragraph (c) 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.
(b) The agreement which shall be verified shall specify the following:
(1) The properties to be contributed to the restored or new regime;
(2) Those to be retained as separate properties of each spouse; and
(3) The names of all their known creditors, their addresses, and the
amounts owing to each.
(c) The creditors shall be furnished with copies of the motion and the agreement.
(d) The court shall require the spouses to cause the publication of their verified
motion for two consecutive weeks in a newspaper of general circulation.
(e) 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
within thirty days from receipt of a copy of the order and submit proof of
compliance within the same period.
Section 25. Effectivity. - This Rule shall take effect on March 15,2003 following its
publication in a newspaper of general circulation not later than March 7, 2003.
Rule on Adoption
A.M. No. 02-6-02-SC
Supreme Court of the Philippines
2 August 2002
Republic of the Philippines
Supreme Court
Manila
En Banc
A. Domestic Adoption
Section 1. Applicability of the Rule.— This Rule covers the domestic adoption of Filipino children.
Section 2. Objectives.—
(a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody
and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child,
UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through foster care or adoption for every child
who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) Ensure that every child remains under the care and custody of his parents and is provided with love, care,
understanding and security for the full and harmonious development of his personality. Only when such efforts
prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall
adoption by an unrelated person be considered.
(ii) Safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their
child;
(iii) Prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a positive environment for adoption;
(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process
domestic adoption applications and offer adoption-related services including, but not limited to, parent preparation
and post-adoption education and counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only
when this is not available shall inter-country adoption be considered as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to
establish the status of the child as “legally available for adoption” and his custody transferred to the Department of
Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child.
Section 3. Definition of Terms.— For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.
(b) “A child legally available for adoption” refers to a child who has been voluntarily or involuntarily committed to
the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental
authority of his biological parents, or in case of rescission of adoption, his guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over
him in favor of the Department.
(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and
judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect
and abuse; or incompetence to discharge parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are
unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a “foundling.”
(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have
deserted him for a period of at least six (6) continuous months and has been judicially declared as such.
(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon
the public for support.
(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended
to, physically or emotionally, by his parents or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter.
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work
under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral
danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and accredited by the Department to provide
comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating
the prospective adoptive parents and preparing the adoption home study report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-
hour residential care services for abandoned, orphaned, neglected or voluntarily committed children.
(m) “Department” refers to the Department of Social Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority
and committing the child to the care and custody of the Department executed by the child’s biological parents or
in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized
representative of the Department after counseling and other services have been made available to encourage
the biological parents to keep the child.
(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement
history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed
in determining the most appropriate placement for him.
(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the
prospective adoptive parents to provide a home that meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment
and emotional readiness of both adopters and adoptee in stabilizing their filial relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a
minimum educational requirement and who has passed the government licensure examination for social
workers as required by Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth records that a certain child
was born to a person who is not his biological mother, thus causing such child to lose his true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of
the Department, the social services units of local governments, private and government health facilities, Family
Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities
involved in adoption as authorized by the Department.
(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years immediately prior to
the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary
absences for professional, business, health, or emergency reasons not exceeding sixty (60) days in one (1) year
does not break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in
possession of a valid passport or travel documents and visa.
Section 4. Who may adopt.— The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has
not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of
caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care
for his children in keeping with the means of the family. The requirement of a 16-year difference between the age
of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the
spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country
has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least
three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the
adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country, and that his government allows the
adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and
certification of the alien’s qualification to adopt in his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity;
or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth
(4th) degree of consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial (6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within
accountabilities. six (6) months from the time of death of said parents.

Husband and wife shall jointly adopt, except in the following cases: (7) A child not otherwise disqualified by law or these rules.

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or Section 6. Venue.— The petition for adoption shall be filed with the Family Court of the province or city where the
prospective adoptive parents reside.

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified
his consent thereto; or Section 7. Contents of the Petition.— The petition shall be verified and specifically state at the heading of the
initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth,
voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.
(iii) if the spouses are legally separated from each other.

(1) If the adopter is a Filipino citizen, the petition shall allege the following:
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental
authority shall be exercised by the spouses.
(a) The jurisdictional facts;

Section 5. Who may be adopted.— The following may be adopted:

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character;
has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of
caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent
(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under
of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in
Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;
keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of
Republic Act No. 8552.

(2) The legitimate child of one spouse, by the other spouse;

(2) If the adopter is an alien, the petition shall allege the following:

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;
(a) The jurisdictional facts;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently
considered and treated by the adopters as their own child since minority;
(b) Sub-paragraph 1(b) above;

(5) A child whose adoption has been previously rescinded; or

(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have (5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate,
the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and
adopted child and reside there permanently as an adopted child; and father, and the date and place of their marriage.

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition (6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.
and he maintains such residence until the adoption decree is entered.

In all petitions, it shall be alleged:

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived
if the alien:
(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth,
baptismal or foundling certificate and school records.
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(b) That the adoptee is not disqualified by law to be adopted.

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(c) The probable value and character of the estate of the adoptee.
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of
consanguinity or affinity of the Filipino spouse.
(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

(3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been
terminated and the guardian had cleared his financial accountabilities.
A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil
Procedure.

(4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
Section 8. Rectification of Simulated Birth.— In case the petition also seeks rectification of a simulated of birth, it
shall allege that:
(a) one spouse seeks to adopt the legitimate child of the other, or

(a) Petitioner is applying for rectification of a simulated birth;

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto,
or
(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for
rectification of the birth registration and the petition for adoption were filed within five years from said date;
(c) if the spouses are legally separated from each other.

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as his own child. 1. The adoptee, if ten (10) years of age or over;

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child.— In case the adoptee is a 2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring
foundling, an abandoned, dependent or neglected child, the petition shall allege: agency, or the proper government instrumentality which has legal custody of the child;

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected; 3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or
over;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the
name and residence of the guardian, if any; 4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; 5. The spouse, if any, of the adopter or adoptee.
and

C. Child study report on the adoptee and his biological parents;

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name.— In case the petition also prays for change of name, the title or caption must
contain: D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government
agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter
his country as his own adopted child unless exempted under Section 4(2);

(a) The registered name of the child;

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the
home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and
(b) Aliases or other names by which the child has been known; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the
(c) The full name by which the child is to be known. adoptee, if any.

Section 11. Annexes to the Petition.— The following documents shall be attached to the petition: Section 12. Order of Hearing.— If the petition and attachments are sufficient in form and substance, the court
shall issue an order which shall contain the following:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and
residence of the adoptee; (1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been
known which shall be stated in the caption;

B. Affidavit of consent of the following:

(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the
order and shall direct that a copy thereof be published before the date of hearing at least once a week for three
successive weeks in a newspaper of general circulation in the province or city where the court is situated;
Provided, that in case of application for change of name, the date set for hearing shall not be within four (4)
months after the last publication of the notice nor within thirty (30) days prior to an election.
In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his
government allows the adoptee to enter his country as his adopted child in the absence of the certification
required under Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall
make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.
(5) a directive to the social worker of the court, the social service office of the local government unit or any child-
placing or child-caring agency, or the Department to prepare and submit child and home study reports before the
hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the
latter; and
(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the
matter of adoption of the adoptee and submit her report before the date of hearing.
At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor
General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if
known.
Section 14. Hearing.— Upon satisfactory proof that the order of hearing has been published and jurisdictional
requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the
adoptee must personally appear and the former must testify before the presiding judge of the court on the date
set for hearing.
The court shall verify from the social worker and determine whether the biological parent has been properly
counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all
measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his
own home will be inimical to his welfare and interest.
Section 15. Supervised Trial Custody.— Before issuance of the decree of adoption, the court shall give the
adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to
adjust psychologically and emotionally to each other and establish a bonding relationship. The trial custody shall
be monitored by the social worker of the court, the Department, or the social service of the local government unit,
or the child-placement or child-caring agency which submitted and prepared the case studies. During said period,
temporary parental authority shall be vested in the adopter.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be
The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the
mandatory.
same shall be for the best interests of the adoptee, stating the reasons therefor.

Section 13. Child and Home Study Reports.— In preparing the child study report on the adoptee, the concerned
An alien adopter however must complete the 6-month trial custody except the following:
social worker shall verify with the Civil Registry the real identity and registered name of the adoptee. If the birth of
the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register
the adoptee and secure a certificate of foundling or late registration, as the case may be.
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity;
or
The social worker shall establish that the child is legally available for adoption and the documents in support
thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best
interests of the child. b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt
within the fourth (4th) degree of consanguinity or affinity. of the certificate of finality;

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which
placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all shall show, among others, the following: registry number, date of registration, name of child, sex, date of birth,
the benefits to which the biological parent is entitled from the date the adoptee is placed with him. place of birth, name and citizenship of adoptive mother and father, and the date and place of their marriage, when
applicable;

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its
termination. c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the
court which issued the decree of adoption; and

Section 16. Decree of Adoption.— If the supervised trial custody is satisfactory to the parties and the court is
convinced from the trial custody report and the evidence adduced that the adoption shall redound to the best d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days
interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original from receipt of the decree.
petition was filed even if the petitioners die before its issuance.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to
The decree shall: annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared
by the Civil Registrar in accordance with the decree.

A. State the name by which the child is to be known and registered;

Section 17. Book of Adoptions.— The Clerk of Court shall keep a book of adoptions showing the date of
issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents
arising after the issuance of the decree.
B. Order:

Section 18. Confidential Nature of Proceedings and Records.— All hearings in adoption cases, after compliance
1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary
with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and
period within which to appeal;
papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution
participating in the adoption proceedings shall be kept strictly confidential.

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil
Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In
If the court finds that the disclosure of the information to a third person is necessary for security reasons or for
case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is
purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court
situated.
may, upon proper motion, order the necessary information to be released, restricting the purposes for which it
may be used.

3) the Civil Registrar of the place where the adoptee was registered:
Section 19. Rescission of Adoption of the Adoptee.— The petition shall be verified and filed by the adoptee who is
over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen
(18) years of age but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the
adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Venue.— The petition shall be filed with the Family Court of the city or province where the adoptee
resides.
Section 21. Time within which to file petition.— The adoptee, if incapacitated, must file the petition for rescission or
revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the
time of the adoption, within five (5) years after recovery from such incompetency.
Section 22. Order to Answer.— The court shall issue an order requiring the adverse party to answer the petition
within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the
adverse party in such manner as the court may direct.
Section 23. Judgment.— If the court finds that the allegations of the petition are true, it shall render judgment
ordering the rescission of adoption, with or without costs, as justice requires.
The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal
custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the
reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
It shall also order the adoptee to use the name stated in his original birth or foundling certificate.
The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth
certificate of the adoptee and reinstate his original birth or foundling certificate.
Section 24. Service of Judgment.— A certified true copy of the judgment together with a certificate of finality
issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section
shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the
certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof
of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the
decree.
The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.
Section 25. Repeal.— This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.
B. Inter-Country Adoption
Section 26. Applicability.— The following sections apply to inter-country adoption of Filipino children by foreign
nationals and Filipino citizens permanently residing abroad.
Section 27. Objectives.— The State shall:
a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or
an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in
domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for
those involved.
Section 28. Where to File Petition.— A verified petition to adopt a Filipino child may be filed by a foreign national or
Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the
child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted.— Only a child legally available for domestic adoption may be the subject of
inter-country adoption.
Section 30. Contents of Petition.— The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at least twenty-seven (27) years of age and
at least sixteen (16) years older than the child to be adopted at the time of application, unless the petitioner is the
parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does
not apply;
b) if married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a
legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and responsibilities of parental authority under his national
laws, and has undergone the appropriate counseling from an accredited counselor in his country;
d) that he has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the necessary moral values and example to all his
children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U. N.
Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the
provisions of Republic Act No. 8043;
h) that he comes from a country with which the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his
national laws; and
i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act
No. 8043 and in all other applicable Philippine laws.
Section 31. Annexes.— The petition for adoption shall contain the following annexes written and officially
translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10) years of age;
d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and
psychologist;
e) Income tax returns or any authentic document showing the current financial capability of the petitioner;
f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;
g) Character reference from the local church/minister, the petitioner’s employer and a member of the immediate
community who have known the petitioner for at least five (5) years;
h) Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-
the filing of the petition. Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-
Moralez,Callejo Sr., Azcuna, JJ., concur

Section 32. Duty of Court.— The court, after finding that the petition is sufficient in form and substance and a
proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board RULE ON GUARDIANSHIP OF MINORS
for appropriate action.
Section 1. Applicability of the Rule. – This Rule shall apply to petitions for guardianship over
the person or property, or both, of a minor. chan robles virtual law library
Section 33. Effectivity.— This Rule shall take effect on August 22, 2002 following its publication in a newspaper of
general circulation.
The father and the mother shall jointly exercise legal guardianship over the person and
property of their unemancipated common child without the necessity of a court appointment.
In such case, this Rule shall be suppletory to the provisions of the Family Code on
guardianship.cralaw
A.M. No. 03-02-05-SC
[MAY 01, 2003]
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS Sec. 2. Who may petition for appointment of guardian. – On grounds authorized by law, any
relative or other person on behalf of a minor, or the minor himself if fourteen years of age or
Republic of the Philippines over, may petition the Family Court for the appointment of a general guardian over the
Supreme Court person or property, or both, of such minor. The petition may also be filed by the Secretary of
Manila Social Welfare and Development and by the Secretary of Health in the case of an insane
A.M. NO. 03-02-05-SC minor who needs to be hospitalized. chan robles virtual law library
[MAY 01, 2003]

Sec. 3. Where to file petition. – A petition for guardianship over the person or property, or
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS
both, of a minor may be filed in the Family Court of the province or city where the minor
actually resides. If he resides in a foreign country, the petition shall be flied with the Family
RESOLUTION
Court of the province or city where his property or any part thereof is situated.cralaw

Acting on the letter of the Chairman of the Committee on Revision of the Rules of
Sec. 4. Grounds of petition. - The grounds for the appointment of a guardian over the
Court submitting for this Court’s consideration and approval the Proposed Rule on
person or property, or both, of a minor are the following:chanroblesvirtuallawlibrary
Guardianship of Minors, the Court Resolved to APPROVE the same.

(a) death, continued absence, or incapacity of his parents;

The Rule shall take effect on May 1, 2003 following its publication in a newspaper of
general circulation not later than April 15, 2003. chan robles virtual law library

(b) suspension, deprivation or termination of parental authority; chan robles virtual law
library
April 1, 2003.
(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental (b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or
authority; or disqualified;

(d) when the best interests of the minor so require.cralaw (c) the actual custodian of the minor over twenty-one years of age, unless unfit or
disqualified; and cralaw

Sec. 5. Qualifications of guardians. – In appointing a guardian, the court shall consider the
guardian’s:chanroblesvirtuallawlibrary (d) any other person, who in the sound discretion of the court, would serve the best interests
of the minor.cralaw

(a) moral character; chan robles virtual law library

Sec. 7. Contents of petition. – A petition for the appointment of a general guardian must
allege the following:chanroblesvirtuallawlibrary
(b) physical, mental and psychological condition;

(a) The jurisdictional facts;

(c) financial status;

(b) The name, age and residence of the prospective ward; chan robles virtual law library
(d) relationship of trust with the minor; chan robles virtual law library

(c) The ground rendering the appointment necessary or convenient; chan robles virtual law
library
(e) availability to exercise the powers and duties of a guardian for the full period of the
guardianship;

(d) The death of the parents of the minor or the termination, deprivation or suspension of
their parental authority;
(f) lack of conflict of interest with the minor; and cralaw

(e) The remarriage of the minor’s surviving parent;

(g) ability to manage the property of the minor.cralaw

(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and
Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. – In
of persons having him in their care and custody;
default of parents or a court-appointed guardian, the court may appoint a guardian of the
person or property, or both, of a minor, observing as far as practicable, the following order
of preference:chanroblesvirtuallawlibrary
(g) The probable value, character and location of the property of the minor; and cralaw

(a) the surviving grandparent and In case several grandparents survive, the court shall
select any of them taking Into account all relevant considerations; (h) The name, age and residence of the person for whom letters of guardianship are
prayed.cralaw
The petition shall be verified and accompanied by a certification against forum shopping.
However, no defect in the petition or verification shall render void the issuance of letters of
guardianship.
Sec. 8. Time and notice of hearing. – When a petition for the appointment of a general
guardian is filed, the court shall fix a time and place for its hearing, and shall cause
reasonable notice to be given to the persons mentioned in the petition, including the minor if
he is fourteen years of age or over, and may direct other general or special notice to be
given.cralaw
Sec. 9. Case study report. – The court shall order a social worker to conduct a case study of
the minor and all the prospective guardians and submit his report and recommendation to
the court for its guidance before the scheduled hearing. The social worker may intervene on
behalf of the minor if he finds that the petition for guardianship should be denied. chan
robles virtual law library
Sec. 10. Opposition to petition. – Any interested person may contest the petition by filing a
written opposition based on such grounds as the majority of the minor or the unsuitability of
the person for whom letters are prayed, and pray that the petition be denied, or that letters
of guardianship issue to himself, or to any suitable person named in the opposition.cralaw
Sec. 11. Hearing and order for letters to issue. – At the hearing of the petition, it must be
shown that the requirement of notice has been complied with. The prospective ward shall be
presented to the court. The court shall hear the evidence of the parties in support of their
respective allegations. If warranted, the court shall appoint a suitable guardian of the person
or property, or both, of the minor. chan robles virtual law library
At the discretion of the court, the hearing on guardianship may be closed to the public and
the records of the case shall not be released without its approval.cralaw
Sec. 12. When and how a guardian of the property for non-resident minor is appointed;
notice. – When the minor resides outside the Philippines but has property in the Philippines,
any relative or friend of such minor, or any one interested in his property, in expectancy or
otherwise, may petition the Family Court for the appointment of a guardian over the
property.cralaw
Notice of hearing of the petition shall be given to the minor by publication or any other
means as the court may deem proper. The court may dispense with the presence of the
non-resident minor.cralaw
If after hearing the court is satisfied that such non-resident is a minor and a guardian is
necessary or convenient, it may appoint a guardian over his property. chan robles virtual
law library
Sec. 13. Service of final and executory judgment or order. – The final and executory
judgment or order shall be served upon the Local Civil Registrar of the municipality or city
where the minor resides and the Register of Deeds of the place where his property or part
thereof is situated shall annotate the same in the corresponding title, and report to the court
his compliance within fifteen days from receipt of the order.cralaw
Sec. 14. Bond of guardian; amount; conditions. - Before he enters upon the execution of his
trust, or letters of guardianship issue, an appointed guardian may be required to post a bond
in such sum as the court shall determine and conditioned as
follows:chanroblesvirtuallawlibrary
(a) To make and return to the court, within three months after the issuance of his letters
of guardianship, a true and complete Inventory of all the property, real and personal, of his
ward which shall come to his possession or knowledge or to the possession or knowledge
of any other person in his behalf;
(b) To faithfully execute the duties of his trust, to manage and dispose of the property
according to this rule for the best interests of the ward, and to provide for his proper care,
custody and education;
(c) To render a true and Just account of all the property of the ward in his hands, and of
all proceeds or interest derived therefrom, and of the management and disposition of the
same, at the time designated by this rule and such other times as the court directs; and at
the expiration of his trust, to settle his accounts with the court and deliver and pay over all
the property, effects, and monies remaining in his hands, or due from him on such
settlement, to the person lawfully entitled thereto; and chan robles virtual law library
(d) To perform all orders of the court and such other duties as may be required by
law.cralaw
Sec. 15. Where to file the bond; action thereon. – The bond posted by a guardian shall be
filed in the Family Court and, In case of breach of any of its conditions, the guardian may be
prosecuted in the same proceeding for the benefit of the ward or of any other person legally
interested in the property.
Whenever necessary, the court may require the guardian to post a new bond and may
discharge from further liability the sureties on the old bond after due notice to interested
persons, if no injury may result therefrom to those interested in the property. chan robles
virtual law library
Sec. 16. Bond of parents as guardians of property of minor. – If the market value of the
property or the annual Income of the child exceeds P50,000.00, the parent concerned shall
furnish a bond In such amount as the court may determine, but in no case less than ten per
centurn of the value of such property or annual income, to guarantee the performance of the
obligations prescribed for general guardians.cralaw
A verified petition for approval of the bond shall be flied in the Family Court of the place
where the child resides or, if the child resides in a foreign country, in the Family Court of the
place where the property or any part thereof is situated.cralaw
The petition shall be docketed as a summary special proceeding In which all incidents and
issues regarding the performance of the obligations of a general guardian shall be heard
and resolved. chan robles virtual law library
Sec. 17. General duties of guardian. – A guardian shall have the care and custody of the
person of his ward and the management of his property, or only the management of his
property. The guardian of the property of a nonresident minor shall have the management of
all his property within the Philippines.cralaw
A guardian shall perform the following duties:chanroblesvirtuallawlibrary
(a) To pay the just debts of the ward out of the personal property and the income of the real
property of the ward, If the same is sufficient; otherwise, out of the real property of the ward
upon obtaining an order for its sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or
may, with the approval of the court, compound for the same and give discharges to the
debtor on receiving a fair and just dividend of the property and effects; and to appear for
and represent the ward in all actions and special proceedings, unless another person is
appointed for that purpose;
(c) To manage the property of the ward frugally and without waste, and apply the income
and profits thereon, insofar as may be necessary, to the comfortable and suitable
maintenance of the ward; and if such income and profits be insufficient for that purpose, to
sell or encumber the real or personal property, upon being authorized by the court to do so;
(d) To consent to a partition of real or personal property owned by the ward jointly or in
common with others upon authority granted by the court after hearing, notice to relatives of
the ward, and a careful investigation as to the necessity and propriety of the proposed
action;
(e) To submit to the court a verified inventory of the property of his ward within three months
after his appointment, and annually thereafter, the rendition of which may be required upon
the application of an interested person; chan robles virtual law library
(f) To report to the court any property of the ward not included in the inventory which is
discovered, or succeeded to, or acquired by the ward within three months after such
discovery, succession, or acquisition; and cralaw
(g) To render to the court for its approval an accounting of the property one year from his
appointment, and every year thereafter or as often as may be required.cralaw
Sec. 18. Power and duty of the court – The court may: chan robles virtual law library
(a) Request the assistance of one or more commissioners in the appraisal of the property
of the ward reported in the initial and subsequent inventories;

(b) Authorize reimbursement to the guardian, other than a parent, of reasonable expenses
incurred in the execution of his trust, and allow payment of compensation for his services as
the court may deem just, not exceeding ten per centum of the net income of the ward, if
any; otherwise, in such amount the court determines to be a reasonable compensation for
his services; and cralaw
(c) Upon complaint of the guardian or ward, or of any person having actual or prospective
interest in the property at the ward, require any person suspected of having embezzled,
concealed, or disposed of any money, goods or interest, or a written instrument belonging to
the ward or his property to appear for examination concerning any thereof and issue such
orders as would secure the property against such embezzlement, concealment or
conveyance.cralaw
Sec. 19. Petition to sell or encumber property. - When the income of a property under
guardianship is insufficient to maintain and educate the ward, or when it is for his benefit
that his personal or real property or any part thereof be sold, mortgaged or otherwise
encumbered, and the proceeds invested in safe and productive security, or in the
improvement or security of other real property, the guardian may file a verified petition
setting forth such facts, and praying that an order issue authorizing the sale or
encumbrance of the property. chan robles virtual law library
Sec. 20. Order to show cause. – If the sale or encumbrance is necessary or would be
beneficial to the ward, the court shall order his next of kin and all person/s interested in the
property to appear at a reasonable time and place therein specified and show cause why
the petition should not be granted.cralaw
Sec. 21. Hearing on return of order; costs. – At the time and place designated in the order to
show cause, the court shall hear the allegations and evidence of the petitioner and next of
kin, and other persons interested, together with their witnesses, and grant or deny the
petition as the best interests of the ward may require.cralaw
Sec. 22. Contents of order for sale or encumbrance and its duration; bond. – If, after full
examination, it is necessary, or would be beneficial to the ward, to sell or encumber the
property, or some portion of it, the court shall order such sale or encumbrance the proceeds
of which shall be expended for the maintenance or the education of the ward, or invested as
the circumstances may require. The order shall specify the grounds for the sale or
encumbrance and may direct that the property ordered sold be disposed of at public sale,
subject to such conditions as to the time and manner of payment, and security where a part
of the payment is deferred. The original bond of the guardian shall stand as security for the
proper appropriation of the proceeds of the sale or encumbrance, but the court may, if
deemed expedient, require an additional bond as a condition for the sale or encumbrance.
The authority to sell or encumber shall not extend beyond one year, unless renewed by the
court. chan robles virtual law library
Sec. 23. Court may order investment of proceeds and direct management of property. – The
court may authorize and require the guardian to invest the proceeds of sales or
encumbrances, and any other money of his ward in his hands, in real or personal property,
for the best interests of the ward, and may make such other orders for the management,
investment, and disposition of the property and effects, as circumstances may
warrant.cralaw
Sec. 24. Grounds for removal or resignation of guardian. – When a guardian becomes
insane or otherwise incapable of discharging his trust or is found thereafter to be unsuitable,
or has wasted or mismanaged the property of the ward, or has failed to render an account
or make a return for thirty days after it is due, the court may, upon reasonable notice to the
guardian, remove him as such and require him to surrender the property of the ward to the
person found to be lawfully entitled thereto.cralaw
The court may allow the guardian to resign for justifiable causes.cralaw
Upon the removal or resignation of the guardian, the court shall appoint a new one. chan
robles virtual law library
No motion for removal or resignation shall be granted unless the guardian has submitted the
proper accounting of the property of the ward and the court has approved the same.cralaw
Sec. 25. Ground for termination of guardianship. – The court motu proprio or upon verified
motion of any person allowed to file a petition for guardianship may terminate the
guardianship on the ground that the ward has come of age or has died. The guardian shall
notify the court of such fact within ten days of its occurrence.cralaw
Sec. 26. Service of final and executory judgment or order. – The final and executory
judgment or order shall be served upon the Local Civil Registrar of the municipality or city
where the minor resides and the Register of Deeds of the province or city where his
property or any part thereof is situated. Both the Local Civil Registrar and’ the Register of
Deeds shall enter the final and executory judgment or order in the appropriate books in their
offices.cralaw
Sec. 27. Effect of the rule. – This Rule amends Rules 92 to 97 inclusive of the Rules of
Court on guardianship of minors. Guardianship of incompetents who are not minors shall
continue to be under the jurisdiction of the regular courts and governed by the Rules of
Court. chan robles virtual law library
Sec. 28. Effectivity. - This Rule shall take effect on May 1, 2003 following its publication in a
newspaper of general circulation not later than April 15, 2003.
A.M. No. 03-04-04-SC             April 22, 2003
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
RESOLUTION
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 custody of
Minors and Writ of Habeas Corpus in Relation to Custody of Minors, the Court Resolved to
APPROVE the same.
The Rule shall take effect on May 15, 2003 following its publication in a newspaper of
general circulation not later than April 30, 2003.
April 22, 2003
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Ynares-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna, JJ., concur.
Quisumbing, J., on official leave.
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors and writs
of habeas corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may file.- A verified petition for 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 respondent.
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 or where the minor may be
found.
Section 4. Contents of petition. - The verified petition shall allege the following:
(a) The personal circumstances of the petitioner and of the respondent;
(b) The name, age and present whereabouts of the minor and his or her
relationship to the petitioner and the respondent;
(c) The material operative facts constituting deprivation of custody; and
(d) Such other matters which are relevant to the custody of the minor.
The verified petition shall be accompanied by a certificate against forum shopping, which
the petitioner must sign personally.
Section 5. Summons; personal service on respondent. - If the court is 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 of the petition personally on the
respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed except on
the ground of lack of jurisdiction over the subject matter or over the parties. Any other
ground that might warrant the dismissal of the petition may be raised as an affirmative
defense in the answer.
Section 7. Verified Answer. - The respondent shall file an answer to the petition,
personally verified by him, within five days after service of summons and a copy of the
petition.
Section 8. Case study; duty of social worker. - Upon the filing of the verified 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 report and recommendation to the court
at least three days before the scheduled pre-trial.
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 an order: (1) fixing a date
for the pre-trial conference; (2) directing the parties 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 date of pre-trial; and (3) requiring the respondent to present the minor
before the court.
The notice of its order shall be served separately on both the parties and their respective
counsels. The pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements that may
be allowed by law, indicating its terms;
(b) A concise statement of their respective claims together with the applicable laws
and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its nature and
purpose;
(f) The number and names of the witnesses and their respective affidavits which
shall serve as the affiant's testimony on direct examination; and
(g) Such other matters as the court may require to be included in the pre-trial brief.
Failure to file the pre-trial brief or to comply with its required contents shall have the same
effect as failure to appear at the pre-trial.
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 counsel or a duly
authorized representative appears in court and proves a valid excuse for the non-
appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear at the pre-trial, the petitioner
shall be allowed to present his evidence ex parte. The court shall then render judgment on
the basis of the pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At the pre-trial, the parties may 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 between the parties. If the issue is not
settled through mediation, the court 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
petition.
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 order awarding custody of
the minor. As far as practicable, the following order of preference shall be observed in the
award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations, especially the
choice of the minor over seven years of age and of sufficient discernment, unless
the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the grandparent chosen
by the minor over seven years of age and of sufficient discernment, unless the
grandparent chosen is unfit or disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless he or she is
unfit or disqualified;
(e) The actual custodian of the minor over twenty-one years of age, unless the
former is unfit or disqualified; or
(f) Any other person or institution the court may deem suitable to provide proper
care and guidance for the minor.
Section 14. Factors to consider in determining custody. - In awarding custody, the court
shall consider the best interests of the minor and shall give paramount consideration to his
material and moral welfare. The best interests 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 minor encouraging to his physical, psychological and emotional
development. It also means the least detrimental available alternative for safeguarding the
growth and development of the minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound themselves to
comply with respecting the rights of the minor to maintain direct contact with the
non custodial parent on a regular basis, except when there is an existing threat or
danger of physical, mental, sexual or emotional violence which endangers the
safety and best interests of the minor;
(b) The desire and ability of one parent to foster an open and loving relationship
between the minor and the other parent;
 (c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking custody or who has
had any filial relationship with the minor, including anyone courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual, psychological and educational
environment for the holistic development and growth of the minor; and
(i) The preference of the minor over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
Section 15. Temporary visitation rights. - The court shall provide in its order awarding
provisional custody appropriate visitation rights to the non-custodial parent or parents,
unless the court finds said parent or parents unfit or disqualified.
The temporary custodian shall give the court and non custodial parent or parents at least
five days' notice of any plan to change the residence of the minor or take him out of his
residence for more than three days provided it does not prejudice the visitation rights of the
non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the petition shall not be
brought out of the country without prior order from the court while the petition is pending.
The court, motu proprio or upon application under oath, may issue ex parte a hold departure
order, addressed to the Bureau of Immigration and Deportation, directing it not to allow the
departure of the minor from the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the Department of Foreign
Affairs and the Bureau of Immigration and Deportation 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 of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and place of 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 country has been
enjoined;
(b) The complete title and docket number of the case in which the hold departure
order was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a hold departure
order has been issued or whose departure from the country has been enjoined.
The court may recall the hold departure order motu proprio, or upon verified motion of any
of the parties after summary hearing, subject to such terms and conditions as may be
necessary for the best interests of the minor.
Section 17. Protection Order. - The court may issue a Protection Order requiring any
person:
(a) To stay away from the home, school, business, or place of employment of the
minor, other parent or any other party, or from any other specific place designated
by the court;
(b) To cease and desist from harassing, intimidating, or threatening such minor or
the other parent or any person to whom custody of the minor is awarded;
(c) To refrain from acts of commission or omission that create an unreasonable risk
to the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order or a
separation agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a specified period of
time in order to take personal belongings not contested in a proceeding pending
with the Family Court; and
(f) To comply with such other orders as are necessary for the protection of the
minor.
Section 18. Judgment. - After trial, the court shall render judgment awarding the custody of
the minor to the proper party considering the best interests of the minor.
If it appears that both parties are unfit to have the care and custody of the minor, the court
may designate either the paternal or maternal grandparent of 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.
In its judgment, the court may order either or both parents to give an amount necessary for Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its
the support, maintenance and education of the minor, irrespective of who may be its publication in a newspaper of general circulation not later than April 30, 2003.
custodian. In determining the amount of support, the court may consider the following
factors: (1) the financial 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 non-monetary
contributions that the parents would make toward the care and well-being of the minor.

The court may also issue any order that is just and reasonable permitting the parent who is
deprived of the care and custody of the minor to visit or have temporary custody.

Section 19. Appeal. - No appeal from the decision shall be allowed unless the appellant
has filed a motion for reconsideration or new trial within fifteen days from notice of
judgment.

An aggrieved party may appeal from the decision by filing a Notice of Appeal 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 20. Petition for writ of habeas corpus. - A verified petition for a writ of habeas
corpus involving custody of minors shall be filed with the Family Court. The writ shall be
enforceable within its judicial region to which the Family Court belongs.

However, the petition may be filed with the regular court in the absence of the presiding
judge of the Family Court, provided, however, that the regular court shall refer the case to
the Family Court as soon as its presiding judge returns to duty.

The petition may also be filed with the appropriate regular courts in places where there are
no Family Courts.

The writ issued by the Family Court or the regular court shall be enforceable in the judicial
region where they belong.

The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of
its members and, if so granted, the writ shall be enforceable anywhere in the Philippines.
The writ may be made returnable to a Family Court or to any regular court within the region
where the petitioner resides or where the minor may be found for hearing and decision on
the merits.

Upon return of the writ, the court shall decide the issue on custody of minors. The appellate
court, or the member thereof, issuing the writ shall be furnished a copy of the decision.

Section 21. Confidentiality of proceedings. - The hearings on custody of minors may, at

the discretion of the court, be closed to the public and the records of the case shall not be
released to non-parties without its approval.