specpro codals

7/27/2019 SPECPRO CODALS

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Special Proceedings Codal ProvisionsAtty. de SantosCompiled by: Butch Ramiro C2013

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CONTENTSA.M. No. 03-02-05-SC: RULE ON GUARDIANSHIP OF MINORS ..................................................................................................... 2

RULE ON ADOPTION ....................................................................................................................................................................... 9

A.M. NO. 02-1-19-SC: Rule on Commitment of Children.................................................................................................................. 26

A.M. 03-03-04: RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS........................................................................................................................................................................................................ 36

A.M. 02-11-12: RULE ON PROVISIONAL ORDERS ....................................................................................................................... 43

A. M. No. 08-1-16-SC: THE RULE ON THE WRIT OF HABEAS DATA ........................................................................................... 47

A.M. 07-09-12: THE RULE ON THE WRIT OF AMPARO ................................................................................................................ 52

REPUBLIC ACT NO. 9048 (Typographical Errors) ........................................................................................................................ 60

Notes (Rule 102-109, Amparo, Habeas Data, Change of Name Comparative Matrix) ...................................................................... 65


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A.M.NO.03-02-05-SC:RULEONGUARDIANSHIPOFMINORS

Section 1.Applicability of the Rule. ThisRule shall apply to petitions for guardianshipover the person or property, or both, of a minor.

The father and the mother shall jointly exercise legal guardianship over the person andproperty of their unemancipated common child without the necessity of a courtappointment. In such case, this Rule shall be suppletory to the provisions of the FamilyCode on guardianship.

Sec. 2. Who may petition for appointment of guardian. Ongrounds authorized by law,any relative or other person on behalf of a minor, or the minor himself if fourteen yearsof age or over, may petition the Family Court for the appointment of a general guardianover the person or property, or both, of such minor. The petition may also be filed by theSecretary of Social Welfare and Development and by the Secretary of Health in thecase of an insane minor who needs to be hospitalized.

Sec. 3. Where to file petition. A petition for guardianship over the person or property,or both, of a minor may be filed in the Family Court of the province or city where theminor actually resides. If he resides in a foreign country, the petition shall be flied withthe Family Court of the province or city where his property or any part thereof issituated.

Sec. 4. Grounds of petition.-The grounds for the appointment of a guardian over theperson or property, or both, of a minor are the following:

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

(b) suspension, deprivation or termination of parental authority;

(c) remarriage of his surviving parent, if the latter Is foundunsuitable to exercise parental authority; or

(d) when the best interests of the minor so require.

Sec. 5. Qualifications of guardians. In appointing a guardian, the court shall considerthe guardians:

(a) moral character;

(b) physical, mental and psychological condition;(c) financial status;

(d) relationship of trust with the minor;

(e) availability to exercise the powers and duties of a guardian forthe full period of the guardianship;

(f) lack of conflict of interest with the minor; and


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

Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. In default of parents or a court-appointed guardian, the court may appoint a guardian ofthe person or property, or both, of a minor, observing as far as practicable, the following

order of preference:

(a) the surviving grandparent and In case several grandparentssurvive, the court shall select any of them taking Into accountall relevant considerations;

(b) the oldest brother or sister of the minor over twenty-one yearsof age, unless unfit or disqualified;

(c) the actual custodian of the minor over twenty-one years ofage, unless unfit or disqualified; and

(d) any other person, who in the sound discretion of the court,

would serve the best interests of the minor.

Sec. 7. Contents of petition. A petition for the appointment of a general guardian mustallege the following:

(a) The jurisdictional facts;

(b) The name, age and residence of the prospective ward;

(c) The ground rendering the appointment necessary orconvenient;

(d) The death of the parents of the minor or the termination,deprivation or suspension of their parental authority;

(e) The remarriage of the minors surviving parent;

(f) The names, ages, and residences of relatives within the 4thcivil degree of the minor, and of persons having him in theircare and custody;

(g) The probable value, character and location of the property ofthe minor; and

(h) The name, age and residence of the person for whom letters

of guardianship are prayed.

The petition shall be verified and accompanied by a certification against forumshopping. However, no defect in the petition or verification shall render void theissuance of letters of guardianship.

Sec. 8. Time and notice of hearing.When a petition for the appointment of a generalguardian is filed, the court shall fix a time and place for its hearing, and shall cause


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reasonable notice to be given to the persons mentioned in the petition, including theminor if he is fourteen years of age or over, and may direct other general or specialnotice to be given.

Sec. 9. Case study report. Thecourt shall order a social worker to conduct a case

study of the minor and all the prospective guardians and submit his report andrecommendation to the court for its guidance before the scheduled hearing. The socialworker may intervene on behalf of the minor if he finds that the petition for guardianshipshould be denied.

Sec. 10. Opposition to petition. Anyinterested person may contest the petition by filinga written opposition based on such grounds as the majority of the minor or theunsuitability of the person for whom letters are prayed, and pray that the petition bedenied, or that letters of guardianship issue to himself, or to any suitable person namedin the opposition.

Sec. 11. Hearing and order for letters to issue.

At the hearing of the petition, it must beshown that the requirement of notice has been complied with. The prospective wardshall be presented to the court. The court shall hear the evidence of the parties insupport of their respective allegations. If warranted, the court shall appoint a suitableguardian of the person or property, or both, of the minor.

At the discretion of the court, the hearing on guardianship may be closed to the publicand the records of thecase shall not be released without its approval.

Sec. 12. When and how a guardian of the property for non-resident minor is appointed;notice. Whenthe 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, inexpectancy or otherwise, may petition the Family Court for the appointment of aguardian over the property.

Notice of hearing of the petition shall be given to the minor by publication or any othermeans as the court may deem proper. The court may dispense with the presence of thenon-resident minor.

If after hearing the court is satisfied that such non-resident is a minor and a guardian isnecessary or convenient, it may appoint a guardian over his property.

Sec. 13. Service of final and executory judgment or order. Thefinal and executoryjudgment or order shall be served upon the Local Civil Registrar of the municipality orcity where the minor resides and the Register of Deeds of the place where his propertyor part thereof is situated shall annotate the same in the corresponding title, and reportto the court his compliance within fifteen days from receipt of the order.


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Sec. 14. Bond of guardian; amount; conditions.-Before he enters upon the execution ofhis trust, or letters of guardianship issue, an appointed guardian may be required to posta bond in such sum as the court shall determine and conditioned as follows:

(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 andpersonal, of his ward which shall come to his possession or knowledge or to thepossession or knowledge of any other person in his behalf;

(b) To faithfully execute the duties of his trust, to manage and dispose of the propertyaccording to this rule for the best interests of the ward, and to provide for his propercare, custody and education;

(c) To render a true and Just account of all the property of the ward in his hands, andof all proceeds or interest derived therefrom, and of the management and disposition ofthe 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 andpay over all the property, effects, and monies remaining in his hands, or due from himon such settlement, to the person lawfully entitled thereto; and

(d) To perform all orders of the court and such other duties as may be required bylaw.

Sec. 15. Where to file the bond; action thereon. The bond posted by a guardian shallbe filed in the Family Court and, In case of breach of any of its conditions, the guardianmay be prosecuted in the same proceeding for the benefit of the ward or of any otherperson legally interested in the property.

Whenever necessary, the court may require the guardian to post a new bond and maydischarge from further liability the sureties on the old bond after due notice to interestedpersons, if no injury may result therefrom to those interested in the property.

Sec. 16. Bond of parents as guardians of property of minor.lfthe market value of theproperty or the annual Income of the child exceeds P50,000.00, the parent concernedshall furnish a bond In such amount as the court may determine, but in no case lessthan tenper centurn of the value of such property or annual income, to guarantee theperformance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be flied in the Family Court of the placewhere the child resides or, if the child resides in a foreign country, in the Family Court ofthe place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding In which all incidentsand issues regarding the performance of the obligations of a general guardian shall beheard and resolved.


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Sec. 17. General duties of guardian.Aguardian shall have the care and custody ofthe person of his ward and the management of his property, or only the management ofhis property. The guardian of the property of a nonresident minor shall have themanagement of all his property within the Philippines.

A guardian shall perform the following duties:

(a) To pay the just debts of the ward out of the personal propertyand the income of the real property of the ward, If the same issufficient; otherwise, out of the real property of the ward uponobtaining 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 onreceiving a fair and just dividend of the property and effects; and toappear 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 withoutwaste, and apply the income and profits thereon, insofar as may benecessary, to the comfortable and suitable maintenance of the ward;and if such income and profits be insufficient for that purpose, to sellor encumber the real or personal property, upon being authorized bythe court to do so;

(d) To consent to a partition of real or personal property owned bythe ward jointly or in common with others upon authority granted bythe 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 hisward within three months after his appointment, and annuallythereafter, the rendition of which may be required upon the applicationof an interested person;

(f) To report to the court any property of the ward not included in theinventory which is discovered, or succeeded to, or acquired by theward within three months after such discovery, succession, oracquisition; and

(g) To render to the court for its approval an accounting of theproperty one year from his appointment, and every year thereafter oras often as may be required.

Sec. 18. Power and duty of the courtThe court may:

(a) Request the assistance of one or more commissioners in theappraisal of the property of the ward reported in the initial andsubsequent inventories;


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(b) Authorize reimbursement to the guardian, other than a parent,of reasonable expenses incurred in the execution of his trust, andallow payment of compensation for his services as the court maydeem just, not exceeding tenper centum of the net income of theward, if any; otherwise, in such amount the court determines to be a

reasonable compensation for his services; and(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, ordisposed of any money, goods or interest, or a written instrumentbelonging to the ward or his property to appear for examinationconcerning any thereof and issue such orders as would secure theproperty against such embezzlement, concealment or conveyance.

Sec. 19. Petition to sell or encumber property.-Whenthe income of a property underguardianship 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 otherwiseencumbered, and the proceeds invested in safe and productive security, or in theimprovement or security of other real property, the guardian may file a verified petitionsetting forth such facts, and praying that an order issue authorizing the sale orencumbrance of the property.

Sec. 20. Order to show cause. Ifthe sale or encumbrance is necessary or would bebeneficial to the ward, the court shall order his next of kin and all person/s interested inthe property to appear at a reasonable time and place therein specified and show causewhy the petition should not be granted.

Sec. 21. Hearing on return of order; costs.

At the time and place designated in theorder to show cause, the court shall hear the allegations and evidence of the petitionerand next of kin, and other persons interested, together with their witnesses, and grant ordeny the petition as the best interests of the ward may require.

Sec. 22. Contents of order for sale or encumbrance and its duration; bond.If, after fullexamination, it is necessary, or would be beneficial to the ward, to sell or encumber theproperty, or some portion of it, the court shall order such sale or encumbrance theproceeds 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 forthe 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, andsecurity where a part of the payment is deferred. The original bond of the guardian shallstand as security for the proper appropriation of the proceeds of the sale orencumbrance, but the court may, if deemed expedient, require an additional bond as acondition for the sale or encumbrance. The authority to sell or encumber shall notextend beyond one year, unless renewed by the court.


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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 orencumbrances, and any other money of his ward in his hands, in real or personalproperty, for the best interests of the ward, and may make such other orders for themanagement, investment, and disposition of the property and effects, as circumstances

may warrant.

Sec. 24. Grounds for removal or resignation of guardian. When a guardian becomesinsane or otherwise incapable of discharging his trust or is found thereafter to beunsuitable, or has wasted or mismanaged the property of the ward, or has failed torender an account or make a return for thirty days after it is due, the court may, uponreasonable notice to the guardian, remove him as such and require him to surrender theproperty of the ward to the person found to be lawfully entitled thereto.

The court may allow the guardian to resign for justifiable causes.

Upon the removal or resignation of the guardian, the court shall appoint a new one.

No motion for removal or resignation shall be granted unless the guardian hassubmitted the proper accounting of the property of the ward and the court has approvedthe same.

Sec. 25. Ground for termination of guardianship. The court motu proprio or uponverified motion of any person allowed to file a petition for guardianship may terminatethe guardianship on the ground that the ward has come of age or has died. Theguardian shall notify the court of such fact within ten days of its occurrence.

Sec. 26. Service of final and executory judgment or order.

The final and executoryjudgment or order shall be served upon the Local Civil Registrar of the municipality orcity where the minor resides and the Register of Deeds of the province or city where hisproperty or any part thereof is situated. Both the Local Civil Registrar and the Registerof Deeds shall enter the final and executory judgment or order in the appropriate booksin their offices.

Sec. 27. Effect of the rule.This Rule amends Rules 92 to 97 inclusive of the Rules ofCourt on guardianship of minors. Guardianship of incompetents who are not minorsshall continue to be under the jurisdiction of the regular courts and governed by theRules of Court.

Sec. 28. Effectivity. - This Rule shall take effect on May 1, 2003 following its publicationin a newspaper of general circulation not later than April 15, 2003.


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RULEONADOPTION

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 paramountconsideration in all matters relating to his care, custody and adoption, in accordancewith Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UNDeclaration on Social and Legal Principles Relating to the Protection and Welfare ofChildren with Special Reference to Foster Placement and Adoption, Nationally andInternationally, and the Hague Convention on the Protection of Children andCooperation 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, orabandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of hisparents and is provided with love, care, understanding and security for thefull and harmonious development of his personality. Only when suchefforts prove insufficient and no appropriate placement or adoption withinthe childs extended family is available shall adoption by an unrelatedperson 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 biologicalparents;

(iv) conduct public information and educational campaigns to promote apositive environment for adoption;

(v) ensure that government and private sector agencies have the capacityto handle adoption inquiries, process domestic adoption applications andoffer 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 childs identity andculture 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 parentalauthority and custody over their adopted child.


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Any voluntary or involuntary termination of parental authority shall beadministratively or judicially declared so as to establish the status of the child aslegally available for adoption and his custody transferred to the Department ofSocial 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 ofthe petition for adoption.

(b) A child legally available for adoption refers to a child who has beenvoluntarily or involuntarily committed to the Department or to a duly licensed andaccredited child-placing or child-caring agency, freed of the parental authority ofhis biological parents, or in case of rescission of adoption, his guardian or

adopter(s).

(c) Voluntarily committed child is one whose parents knowingly and willinglyrelinquish 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 dueto abandonment; substantial, continuous or repeated neglect and abuse; orincompetence 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 orcharitable or similar institution with unknown facts of birth and parentage andregistered in the Civil Register as a foundling.

(f) Abandoned child refers to one who has no proper parental care orguardianship 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 custodianor one whose parents, guardian or other custodian for good cause desires to berelieved of his care and custody and is dependent upon the public for support.

(h) Neglected child is one whose basic needs have been deliberately notattended to or inadequately attended to, physically or emotionally, by his parentsor guardian.

(i) Physical neglect occurs when the child is malnourished, ill-clad and withoutproper shelter.


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(j) Emotional neglect exists when a child is raped, seduced, maltreated,exploited, overworked or made to work under conditions not conducive to goodhealth 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 bythe Department to provide comprehensive child welfare services including, butnot limited to, receiving applications for adoption, evaluating the prospectiveadoptive parents and preparing the adoption home study report.

(l) Child-caring agency refers to an agency duly licensed and accredited by theDepartment 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 notarizedinstrument relinquishing parental authority and committing the child to the careand custody of the Department executed by the childs biological parents or intheir absence, mental incapacity or death, by the childs legal guardian, to bewitnessed by an authorized representative of the Department after counselingand other services have been made available to encourage the biological parentsto keep the child.

(o) Child Study Report refers to a study made by the court social worker of thechilds 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 themotivation and capacity of the prospective adoptive parents to provide a homethat meets the needs of a child.

(q) Supervised trial custody refers to the period of time during which a socialworker oversees the adjustment and emotional readiness of both adopters andadoptee 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 haspassed the government licensure examination for social workers as required byRepublic Act No. 4373.

(s) Simulation of birth is the tampering of the civil registry to make it appear inthe birth records that a certain child was born to a person who is not hisbiological mother, thus causing such child to lose his true identity and status.


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(t) Biological Parents refer to the childs mother and father by nature.

(u) Pre-Adoption Services refer to psycho-social services provided byprofessionally-trained social workers of the Department, the social services unitsof local governments, private and government health facilities, Family Courts,

licensed and accredited child-caring and child-placement agencies and otherindividuals or entities involved in adoption as authorized by the Department.

(v) Residence means a persons actual stay in the Philippines for three (3)continuous years immediately prior to the filing of a petition for adoption andwhich is maintained until the adoption decree is entered. Temporary absencesfor 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 inthe 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 legalrights, of good moral character, has not been convicted of any crime involvingmoral turpitude; who is emotionally and psychologically capable of caring forchildren, at least sixteen (16) years older than the adoptee, and who is in aposition to support and care for his children in keeping with the means of thefamily. The requirement of a 16-year difference between the age of the adopterand adoptee may be waived when the adopter is the biological parent of the

adoptee or is the spouse of the adoptees parent;

(2) Any alien possessing the same qualifications as above-stated for Filipinonationals: Provided, That his country has diplomatic relations with the Republic ofthe 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 suchresidence until the adoption decree is entered, that he has been certified by hisdiplomatic or consular office or any appropriate government agency to have thelegal capacity to adopt in his country, and that his government allows theadoptee to enter his country as his adopted child. Provided, further, That therequirements on residency and certification of the aliens 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


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(iii) one who is married to a Filipino citizen and seeks to adopt jointly withhis spouse a relative within the fourth (4th) degree of consanguinity oraffinity of the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the

guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by theother spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided,however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate childof the other, joint parental authority shall be exercised by the spouses.

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

(1) Any person below eighteen (18) years of age who has been voluntarilycommitted to the Department under Articles 154, 155 and 156 of P.D. No. 603 or

judicially declared available for adoption;

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

(3) An illegitimate child, by a qualified adopter to raise the status of the former tothat of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, saidperson has been consistently considered and treated by the adopters as theirown child since minority;

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

(6) A child whose biological or adoptive parents have died: Provided, That no

proceedings shall be initiated within six (6) months from the time of death of saidparents.

(7) A child not otherwise disqualified by law or these rules.

Section 6.Venue.The petition for adoption shall be filed with the Family Court of theprovince or city where the prospective adoptive parents reside.


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Section 7.Contents of the Petition.The petition shall be verified and specifically stateat the heading of the initiatory pleading whether the petition contains an application forchange of name, rectification of simulated birth, voluntary or involuntary commitment ofchildren, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:


(b) That the petitioner is of legal age, in possession of full civil capacityand legal rights; is of good moral character; has not been convicted of anycrime involving moral turpitude; is emotionally and psychologically capableof caring for children; is at least sixteen (16) years older than the adoptee,unless the adopter is the biological parent of the adoptee or is the spouseof the adoptees parent; and is in a position to support and care for hischildren in keeping with the means of the family and has undergone pre-

adoption services as required by Section 4 of Republic Act No. 8552.

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


(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of thePhilippines;

(d) That he has been certified by his diplomatic or consular office or anyappropriate government agency to have the legal capacity to adopt in hiscountry and his government allows the adoptee to enter his country as hisadopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3)continuous years prior to the filing of the petition and he maintains suchresidence until the adoption decree is entered.

The requirements of certification of the aliens qualification to adopt in hiscountry and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative withinthe fourth degree of consanguinity or affinity; or

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


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(iii) is married to a Filipino citizen and seeks to adopt jointly with hisspouse a relative within the fourth degree of consanguinity oraffinity of the Filipino spouse.

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 financialaccountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoptionexcept if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the otherspouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which shouldappear in his birth certificate, such as name of child, date of birth, place of birth, ifknown; sex, name and citizenship of adoptive mother and father, and the dateand place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause orreason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adopteeas shown by his record of birth, baptismal or foundling certificate andschool records.

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

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to beknown and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5,Rule 7 of the 1997 Rules of Civil Procedure.

Section 8.Rectification of Simulated Birth.In case the petition also seeks rectificationof a simulated of birth, it shall allege that:

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


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(b) The simulation of birth was made prior to the date of effectivity of RepublicAct No. 8552 and the application for rectification of the birth registration and thepetition for adoption were filed within five years from said date;

(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 ashis own child.

Section 9.Adoption of a foundling, an abandoned, dependent or neglected child. Incase the adoptee is a foundling, an abandoned, dependent or neglected child, thepetition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent orneglected;

(b) The names of the parents, if known, and their residence. If the child has noknown or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual underwhose care the child is in custody; and

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

Section 10.Change of name.In case the petition also prays for change of name, the

title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11.Annexes to the Petition.The following documents shall be attached to thepetition:

A. Birth, baptismal or foundling certificate, as the case may be, and schoolrecords showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;


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2. The biological parents of the child, if known, or the legal guardian, orthe child-placement agency, child-caring agency, or the propergovernment instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee,

if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10)years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

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

D. If the petitioner is an alien, certification by his diplomatic or consular office orany 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 hisown adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residingabroad but qualified to adopt, the home study report by a foreign adoptionagency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as thatof the biological parents of the adoptee, if any.

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:

(1) the registered name of the adoptee in the birth certificate and the names bywhich the adoptee has been known which shall be stated in the caption;

(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 thedate 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 anewspaper of general circulation in the province or city where the court issituated; Provided, that in case of application for change of name, the date set forhearing shall not be within four (4) months after the last publication of the noticenor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the ExecutiveJudge.


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(5) a directive to the social worker of the court, the social service office of thelocal government unit or any child-placing or child-caring agency, or theDepartment to prepare and submit child and home study reports before thehearing if such reports had not been attached to the petition due to unavailabilityat the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessionswith the biological parents on the matter of adoption of the adoptee and submither report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished theOffice of the Solicitor General through the provincial or city prosecutor, the Departmentand the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the SolicitorGeneral shall be mandatory.

Section 13.Child and Home Study Reports.In preparing the child study report on theadoptee, the concerned social worker shall verify with the Civil Registry the real identityand registered name of the adoptee. If the birth of the adoptee was not registered withthe Civil Registry, it shall be the responsibility of the social worker to register theadoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and thedocuments in support thereof are valid and authentic, that the adopter has sincereintentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity toadopt and that his government allows the adoptee to enter his country as his adoptedchild 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 todeny the petition, he shall make the proper recommendation to the court, furnishing acopy thereof to the petitioner.

Section 14.Hearing. Upon satisfactory proof that the order of hearing has beenpublished and jurisdictional requirements have been complied with, the court shall

proceed to hear the petition. The petitioner and the adoptee must personally appear andthe former must testify before the presiding judge of the court on the date set forhearing.

The court shall verify from the social worker and determine whether the biologicalparent has been properly counseled against making hasty decisions caused by strain oranxiety to give up the child; ensure that all measures to strengthen the family have been


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exhausted; and ascertain if any prolonged stay of the child in his own home will beinimical to his welfare and interest.

Section 15.Supervised Trial Custody.Before issuance of the decree of adoption, thecourt 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 emotionallyto each other and establish a bonding relationship. The trial custody shall be monitoredby the social worker of the court, the Department, or the social service of the localgovernment unit, or the child-placement or child-caring agency which submitted andprepared the case studies. During said period, temporary parental authority shall bevested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exemptthe parties if it finds that the same shall be for the best interests of the adoptee, statingthe reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)degree of consanguinity or affinity; or

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 orher spouse the latters relative within the fourth (4th) degree of consanguinity oraffinity.

If the child is below seven (7) years of age and is placed with the prospective adopterthrough a pre-adoption placement authority issued by the Department, the court shallorder that the prospective adopter shall enjoy all the benefits to which the biologicalparent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custodywithin two weeks after its termination.

Section 16.Decree of Adoption. If the supervised trial custody is satisfactory to theparties and the court is convinced from the trial custody report and the evidenceadduced that the adoption shall redound to the best interests of the adoptee, a decree

of adoption shall be issued which shall take effect as of the date the original petition wasfiled even if the petitioners die before its issuance.

The decree shall:

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

B. Order:


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1) the Clerk of Court to issue to the adopter a certificate of finality uponexpiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption andthe certificate of finality to the Civil Registrar where the child was originally

registered within thirty (30) days from receipt of the certificate of finality. Incase of change of name, the decree shall be submitted to the CivilRegistrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptees original certificate of birth thedecree of adoption within thirty (30) days from receipt of thecertificate of finality;

b. to issue a certificate of birth which shall not bear any notation

that it is a new or amended certificate and which shall show, amongothers, the following: registry number, date of registration, name ofchild, sex, date of birth, place of birth, name and citizenship ofadoptive mother and father, and the date and place of theirmarriage, when applicable;

c. to seal the original certificate of birth in the civil registry recordswhich can be opened only upon order of the court which issued thedecree of adoption; and

d. to submit to the court issuing the decree of adoption proof of

compliance with all the foregoing within thirty days from receipt ofthe decree.

If the adoptee is a foundling, the court shall order the Civil Registrar wherethe foundling was registered, to annotate the decree of adoption on thefoundling certificate and a new birth certificate shall be ordered preparedby the Civil Registrar in accordance with the decree.

Section 17.Book of Adoptions. The Clerk of Court shall keep a book of adoptionsshowing the date of issuance of the decree in each case, compliance by the CivilRegistrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Section 18.Confidential Nature of Proceedings and Records.All hearings in adoptioncases, after compliance with the jurisdictional requirements shall be confidential andshall not be open to the public. All records, books and papers relating to the adoptioncases in the files of the court, the Department, or any other agency or institutionparticipating in the adoption proceedings shall be kept strictly confidential.


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If the court finds that the disclosure of the information to a third person is necessary forsecurity reasons or for purposes connected with or arising out of the adoption and willbe for the best interests of the adoptee, the court may, upon proper motion, order thenecessary information to be released, restricting the purposes for which it may be used.

Section 19.Rescission of Adoption of the Adoptee.The petition shall be verified andfiled by the adoptee who is over eighteen (18) years of age, or with the assistance of theDepartment, if he is a minor, or if he is over eighteen (18) years of age but isincapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed bythe adopter:

1) repeated physical and verbal maltreatment by the adopter despite havingundergone 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 theadopter. However, the adopter may disinherit the adoptee for causes provided in Article919 of the Civil Code.

Section 20.Venue. The petition shall be filed with the Family Court of the city orprovince where the adoptee resides.

Section 21.Time within which to file petition.The adoptee, if incapacitated, must filethe petition for rescission or revocation of adoption within five (5) years after he reachesthe 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 adverseparty 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 asthe court may direct.

Section 23.Judgment.If the court finds that the allegations of the petition are true, itshall render judgment ordering the rescission of adoption, with or without costs, as

justice requires.


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The court shall order that the parental authority of the biological parent of the adoptee, ifknown, or the legal custody of the Department shall be restored if the adoptee is still aminor or incapacitated and declare that the reciprocal rights and obligations of theadopter and the adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior toadoption, as of the date of judgment of judicial rescission. Vested rights acquired priorto judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundlingcertificate.

The court shall further order the Civil Registrar where the adoption decree wasregistered to cancel the new birth certificate of the adoptee and reinstate his originalbirth or foundling certificate.

Section 24.Service of Judgment.A certified true copy of the judgment together with acertificate of finality issued by the Branch Clerk of the Court which rendered the decisionin accordance with the preceding Section shall be served by the petitioner upon the CivilRegistrar concerned within thirty (30) days from receipt of the certificate of finality. TheCivil Registrar shall forthwith enter the rescission decree in the register and submit proofof 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.


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B. INTER-COUNTRY ADOPTION

Section 26.Applicability. The following sections apply to inter-country adoption ofFilipino 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 thechild cannot be placed in a foster or an adoptive family or cannot, in any suitablemanner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the sameprotection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does notresult in improper financial gain for those involved.

Section 28.Where to File Petition.A verified petition to adopt a Filipino child may befiled by a foreign national or Filipino citizen permanently residing abroad with the FamilyCourt 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 adoptionmay 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 leasttwenty-seven (27) years of age and at least sixteen (16) years older than thechild to be adopted at the time of application, unless the petitioner is the parentby nature of the child to be adopted or the spouse of such parent, in which casethe age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner exceptwhen 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 appropriatecounseling 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;


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f) that he can provide the proper care and support and instill the necessary moralvalues 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 underPhilippine 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 ActNo. 8043;

h) that he comes from a country with which the Philippines has diplomaticrelations and whose government maintains a similarly authorized and accreditedagency 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 disqualificationsprovided in this Rule, in Republic Act No. 8043 and in all other applicablePhilippine laws.

Section 31.Annexes. - The petition for adoption shall contain the following annexeswritten and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, orjudgment dissolving the marriage;

c) Sworn statement of consent of petitioners biological or adopted childrenabove ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by aduly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financialcapability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing ofthe petitioner;

g) Character reference from the local church/minister, the petitioners employer

and a member of the immediate community who have known the petitioner for atleast five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate familytaken at least six (6) months before the filing of the petition.


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Section 32.Duty of Court.The court, after finding that the petition is sufficient in formand substance and a proper case for inter-country adoption, shall immediately transmitthe petition to the Inter-Country Adoption Board for appropriate action.

Section 33.Effectivity. - This Rule shall take effect on August 22, 2002 following its

publication in a newspaper of general circulation.


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A.M.NO.02-1-19-SC:RULE ON COMMITMENT OF CHILDREN

SECTION 1. Objective,-The objective of this Rule is to ensure that every effort isexerted to promote the child's welfare and enhance his opportunities for a useful and

happy life, Toward this end, this Rule seeks to protect the child from all forms of neglect,abuse, cruelty, exploitation and other conditions prejudicial to his development.

SEC. 2. Interpretation.-The best interests of the child shall be the paramount consider-ation in all actions concerning him, whether undertaken by public or private socialwelfare institutions, courts of law, administrative authorities and legislative bodiesconsistent with the United Nations Convention on the Rights of the Child,

SEC. 3. Definition of Terms.-

(a) "Child" is a person below eighteen years of age.

(b) "Department" refers to the Department of Social Welfare and Development,

(c) "Dependent child" is one who is without a parent, guardian or custodian, or onewhose parents, guardian or other custodian for good cause desires to be relieved of hiscare and custody, and is dependent upon the public for support.

(d) "Abandoned child" is one who has no proper parental care or guardianship, orwhose parents or guardian has deserted him for a period of at least six (5) continuousmonths.

(e) "Neglected child" is one whose basic needs have been deliberately unattended to orinadequately attended to, physically or emotionally, by his parents or guardian.

(f) "Physical neglect" occurs when the child is malnourished, ill-clad and without propershelter.

(g) "Emotional neglect" occurs when a child is raped, seduced, mal-treated, exploited,overworked or made to work under conditions not conducive to good health; made tobeg in the streets or public places, or when placed in moral danger, or exposed todrugs, alcohol, gambling, prostitution and other vices.

(h) "Disabled child" includes mentally retarded, physically handicapped,

emotionally disturbed and mentally ill children, children with cerebral palsy and thosewith similar afflictions.

(i) "Mentally retarded child" is one who is (1) socially incompetent, that is, sociallyinadequate, occupational^ incompetent and unable to manage his own affairs; (2)mentally subnormal; (3) intellectually retarded from birth or early age; (4) retarded at


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maturity; (5) mentally deficient as a result of constitutional origin through heredity ordiseases or (6) essentially incurable.

(j) "Physically handicapped child" is one who is crippled, deaf-mute, blind, or otherwisesuffers from a defect which restricts his means of action or communication with others.

(k) "Emotionally disturbed child" is one who, although not afflicted with insanity ormental defect, is unable to maintain normal social relations with others and thecommunity in general due to emotional problems or complexes.

(I) "Mentally ill child" is one with any behavioral disorder, whether functional or organic,which is of such a degree of severity as to require professional help or hospitalization.

(m) "Commitment" or "surrender of a child" is the legal act of entrusting a child to thecare of the Department or any duly licensed child- placement or child-caring agency orindividual by the court, parent or guardian or any interested party.

(n) "Involuntarily committed child" is one whose parents have been permanently andjudicially deprived of parental authority due to abandonment; substantial, continuous, orrepeated neglect; abuse; or incompetence to discharge parental responsibilities inaccordance with Section 4 herein.

(o) "Voluntarily committed child" is one whose parents knowingly and willinglyrelinquished parental authority to the Department or any duly licensed child-placementor child-caring agency or individual in accordance with Section 3 herein.

(p) "Child-placing or child-placement agency" refers to a private non-profit or charitableinstitution or government agency duly licensed and accredited by (he Department toprovide comprehensive child welfare services, including but not limited to, receivingapplications for adoption or foster care, evaluating the prospective adoptive or fosterparents and preparing the home study report.

(q) "Child-caring agency" refers to a private non-profit or charitable institution orgovernment agency duly licensed and accredited by the Department that providestwenty-four hour residential care services for abandoned, orphaned, neglected,involuntarily or voluntarily committed children.

(r) "Guardian ad litem is a person appointed by the court where the case is pending fora child sought to be committed to protect his best interests.

(s) "Case Study Report" is a written report of the result of an investigation conducted bya social worker as to the socio-cultural, economic and legal status or condition of thechild sought to be committed. It shall include among others his developmental age,educational attainment, family and social relationships, the quality of his peer group, hisfamily's strengths and weaknesses and parental control over him. The report issubmitted to the Family Court to aid it in its evaluation of whether the child ought to be


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committed to the care of the Department or any duly licensed child-placement or child-caring agency or individual.

SEC. 4.

(a) Who may file.- The Secretary of the Department or his authorized representative orany duly licensed child-placement or child-caring agency having knowledge of a childwho appears to be dependent, abandoned or neglected, may file a verified petition forinvoluntary commitment of said child to the care of any duly licensed child-placement orchild-caring agency or individual.

(b) Venue.- The petition shall be filed with the Family Court of the province or city inwhich the parent or guardian resides or where the child is found.

(c) Contents of Verified Petition.-The petition must state:

1. The names of the parents or guardian and their place of residence. If the child'sparents are unknown, petitioner must allege that diligent efforts have beenexerted to locate them. It said parents are deceased, petitioner shall attach acertified true copy of their death certificate;

2. The facts showing that the child is dependent, abandoned, or neglected;

3. The facts showing who has custody of the child at the time of the filing of thepetition; and

4. The name, address and written consent of the Department or duly licensed child-placement or child-caring agency or individual to whose care the commitment ofthe child is sought to be entrusted.

(d) Summons; Court to Set Time for Hearing. - If the court is satisfied that the petition issufficient in form and substance, it snail direct the clerk of court to immediately issuesummons which shall be served together with a copy of the petition and a notice ofhearing, upon the parents or guardian of the child and the office of the public prosecutornot less than five (5) days before the date of the hearing. The office of the publicprosecutor shall be directed to immediately transmit the summons to the prosecutorassigned to the Family Court concerned.

If it appears from the petition that both parents of the child are dead or that neitherparent can be found in the province or city where the court is located and the child hasno guardian residing therein, summons may not be issued and the court shall thereuponappoint a guardian ad litem pursuant to Sub-section (f) below and proceed with thehearing of the case with due notice to the provincial or city prosecutor.


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(e) Social Worker.- After the court sets the petition for hearing in accordance with Sub-section (d) above, it shall direct the social worker to submit, before the hearing, a casestudy report of the child to aid it in evaluating whether said child should be committed tothe care of the Department or any duly licensed child-placement or child-caring agency

or individual. The report shall bear the signature of the social worker on every page.

(f) Guardian Ad Litem of Child.- If neither of the parents nor the guardian of the childcan be located or does not appear in court despite due notice, or if the court finds themincompetent to protect the best interests of the child, it shall be the duty of the court toappoint a suitable person as guardian ad litem to represent the child. In making theappointment, the court shall consider the background of the guardian ad litem and hisfamiliarity with the judicial process, social service programs and child development. Amember of the Philippine Bar may be appointed guardian ad litem.

(g) Child's Right to Counsel- The court, upon request of the child capable of forming his

own views or upon request of his guardian ad litem, shall appoint a lawyer to representhim in the proceedings.

(h) Duty of Public Prosecutor.- The provincial or "city prosecutor shall appear for theState and ascertain if there has been due notice to all parties concerned and that thereis justification for the declaration of dependency, abandonment or neglect.

(i) Hearing.- The court shall direct the person or agency which has custody of the childto bring the latter to the court on the date of the hearing of the petition and shallascertain the facts and determine whether the child is dependent, abandoned, orneglected, and if so, the-cause and circumstances of such condition.

(j) Judgment.- If, after the hearing, the court shall find the child to be dependent,abandoned, or neglected, it shall render judgment committing him to the care andcustody of the Department or any duly licensed child-placement or child-caring agencyor individual until he reaches the age of eighteen (18), The judgment shall likewisemake proper provisions for the custody of the property or money belonging to thecommitted child.

If the child is committed to the Department, it shall notify the court within thirty (30) daysfrom the order of commitment, the name and address of the duly licensed andaccredited child-placement or child-caring agency or individual where the child shall beplaced.

However, if the court finds that the abandonment or neglect of the child may beremedied, the child may be allowed to stay in his own home under the care and controlof his parents or guardian, subject to supervision and direction of the Department.

(k) Visitation or Inspection.- Any duly licensed child-placement or child-caring agency orindividual to whom a child has been committed by the court shall be subject to visitation


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or inspection by a representative of the court or of the Department, as the case may beor of both, to determine whether the welfare and interests of the child are being served,

(I) Report of Person or Institution.- Any duly licensed child-placement or child-caringagency or individual to whom a child has been committed by judicial order may at any

time be required by the court to submit a report, containing all necessary information fordetermining whether the welfare of the child is being served.

(m) Temporary Custody of Child.- The duly licensed child-placement or child-caringagency or individual to whom a child has been committed may file a verified motion withthe court which granted the petition for involuntary commitment of a child to place him inthe care of any suitable person, upon the latter's request, for a period not exceeding onemonth at a time. The court may order the social worker to submit a case study report toaid it in evaluating whether such temporary custody shall be for the best interests of thechild. The period of temporary custody of the child may be extended by the court for aperiod not exceeding one month at a time upon motion of the duly licensed child-

placement or child-caring agency or individual to which the child has been committed.

The court, motu proprio, or upon request of the child assisted by his guardian ad litem,or at the instance of the agency or person to whom the child was committed, after duenotice and hearing, shall discontinue the temporary custody of the child if it appears thathe is not being given proper care.

After one month from the date temporary custody of the child was given to anothersuitable person, the agency or individual shall submit to the court a verified report onwhether the temporary custody of the child has promoted his best interests.

(n) Change of Custody.- If the child is committed to the Department, it shall have theauthority to change the custody o! a child it had placed with any duly licensed child-placement or child-caring agency or individual if it appears that such change is for thebest interests of the child. The Department shall notify the court of any change incustody of the child,

When conflicting interests arise among child-placement or child-caring agencies, thecourt which granted the involuntary commitment of the child, upon motion of theDepartment or any of the agencies concerned, shall order the change of commitment ofthe child.

(o) Removal of Custody.- A motion to remove custody of a child may be filed by anauthorized representative of the Department with knowledge of the facts against a child-placement or child-caring agency or individual to whose custody a child has beencommitted by the court on the ground of neglect of such child as defined in Section 3 (e)of this Rule. The court shall set the motion for hearing with notice to the publicprosecutor and the court-designated social worker. If the court finds after hearing thatthe allegations of the motion have been established and that it is for the best interestsand welfare of the child, the court shall issue an order removing him from the custody of


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the person or agency, as the case may be, and committing him to the custody ofanother duly licensed child-placement or child-caring agency or individual.

In the same proceeding, the court may suspend or revoke the license of the agency orindividual found guilty of such neglect depending upon the gravity or frequency of the

offense.

(p) Restoration of Parental Authority After Involuntary Commitment. -

(i) Who may file; Ground.- The parents or guardian of a child committed to the care of aperson, agency or institution by judicial order may file a verified motion for therestoration of his rights over the child with the court which granted the involuntarycommitment on the ground that he is now able to take proper care and custody of saidchild, provided, however, that the child has not yet been adopted.

(ii) Notice of Hearing.- The court shall fix the time and date for the hearing of the

motion, which shall not be earlier than thirty (30) days nor later than sixty (60) days fromthe date of the filing of said motion and cause notice of the hearing to be sent to theperson, agency or institution to which the child has been committed, the publicprosecutor and the court-designated social worker, at least five (5) days before the dateof hearing.

(iii) Hearing.- At the hearing, any person may be allowed to intervene at the discretionof the court to contest the right to the relief demanded. Witnesses may be called andexamined by the parties or by the court motu proprio.

(iv) Resolution.- If it is found that the cause for the commitment of the child no longerexists and that the movant is already able to take proper care and custody of the child,the court, after taking into consideration the best interests and the welfare of the child,shall issue a resolution terminating the parental authority of the person, agency orinstitution to whom the child was committed by judicial order and restoring parentalauthority to the movant,

q) Jurisdiction for Prosecution of Punishable Acts. - The Family Court which granted theinvoluntary commitment shall have jurisdiction over the prosecution of a child who leftwithout prior permission from the person or institution to which he has been judiciallycommitted or the person under whose custody he has been judicially committed inaccordance with Sub-section (m) of Section 4 of this Rule. It shall likewise have

jurisdiction over the person who induced the child to leave such person or institution,except in case of actual or imminent grave physical or moral danger to the child. TheFamily Court which granted the involuntary commitment shall also have jurisdiction overthe prosecution of parents or guardians of the child who may be held liable under

Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A. No. 7610.

SEC. 5. Voluntary Commitment of a Child to an Institution or Individual.- The parent orguardian of a dependent, abandoned or neglected child may voluntarily commit him to


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the Department or any duly licensed child- placement or child-caring agency orindividual subject to the rules of the Department. However, no child shall be committedunless he is surrendered in writing by his parents or guardian stating such voluntarycommitment and specifically naming the office, agency, or individual to whose custodythe child is to be committed. Such written instrument should be notarized and signed in

the presence of an authorized representative of the Department after counseling andother services have been made available to encourage the child's parents to keep thechild.

(a) Petition for Removal of Custody.-

(i) Who may file; Ground.- The parents or guardian who voluntarily committed the child,or in their absence or failure, any person with knowledge of the facts, may file a verifiedpetition to remove custody of the child against the child-placement or child-caringagency or individual to whose custody the child has been voluntarily committed on theground of neglect of such child as defined in Section 3 (e) of this Rule. A child may also

be removed from the custody of the child-placement or child-caring agency or individualon the ground that the voluntary commitment of the child was unjustified.

(ii) Venue.- The petition shall be filed with the Family Court of the province or city wherethe child-placement or child-caring agency to which the child has been voluntarilycommitted is located or where the child may be found.

Contents of Verified Petition - The petition must state:

The name and address of the child-placement or child-caring agency or individual towhose custody the child has been voluntarily committed;

The facts showing that the child has been neglected by the agency or in cases wherethe voluntary commitment was unjustified, that the parents of the child are actuallycapable of taking care and custody of the child;

The name, address and written consent of the duly licensed child-placement or child-caring agency or individual to whose care the child may be transferred.

The facts showing that petitioner has exhausted the administrative remedies availableto him,

(iv) Notice of Hearing.- If the petition is sufficient in form and substance, the court shallset the same for hearing with notice to the Department, the public prosecutor, the court-designated social worker, the agency or individual to whom the child has beencommitted and in appropriate cases, the parents of the child.

(v) Judgment.- If after hearing the court finds that the allegations of the petition havebeen established and that it is for the best interests and welfare of the child, it shallissue an order removing the child from the custody of the person or agency concerned,


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and committing him to the custody of another duly licensed child-placement or child-caring agency or individual.

The court, in the same proceeding may, after hearing the comment or recommendationof the Department, suspend or revoke the license of the agency or individual found

guilty of such neglect depending upon the gravity or frequency of the offense.

(b) Restoration of Parental Authority After Voluntary Commitment.- The restoration ofrights of the parent or guardian over the child who has been voluntarily committed shallbe governed by the rules of the Department, provided, however, that the petition forrestoration is filed within six (6) months from the date of voluntary commitment. In casethe Department refuses to grant legal custody and parental authority to the parent orguardian over the child who has been voluntarily committed to an agency or individual,the parent or guardian may file a petition in court for restoration of parental authority inaccordance with Section 4 (p) of this Rule.

(c) Jurisdiction for Prosecution of Punishable Acts.- The Family Court of the placewhere the child may be found or where the duly licensed child-placement or child-caringagency or individual is located shall have jurisdiction over the prosecution of a child wholeft without prior permission from the person or institution to which he has beenvoluntarily committed. It shall likewise have jurisdiction over the person who induced thechild to leave such person or institution, except in case of grave actual or imminentphysical or moral danger, to the child. The same Family Court shall also have

jurisdiction over the prosecution of parents or guardians of the child who may be heldliable under Articles 59 and 60 of P.O. No, 603 and Sections 9, 10 and 31 of R.A. No.7610.

SEC. 6. Petition for Commitment of a Disabled Child. -

(a) Who may file.- Where a child appears to be mentally retarded physicallyhandicapped, emotionally disturbed, mentally ill, with cerebral palsy or with similarafflictions and needs institutional care but his parents or guardians are opposed thereto,the Department, or any duly licensed child-placement or child-caring agency orindividual may file a verified petition for commitment of the said child to any reputableinstitution providing care, training and rehabilitation for disabled children.

The parents or guardian of the child may file a similar petition in case no immediateplacement can be arranged for the disabled child when his welfare and interests are atstake,

(b) Venue.- The petition for commitment of a disabled child shall be filed with theFamily Court of the place where the parent or guardian resides or where the child isfound.


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(c) Contents of Verified Petition. - The petition for commitment must stale the following:

(1) The facts showing that the child appears to be mentally retarded, physically

handicapped, emotionally disturbed, mentally ill, with cerebral 'palsy or withsimilar afflictions and needs institutional care;

(2) The name of the parents and their residence, if known, or if the child has noliving parent, the name and residence of the guardian, if any; and

(3) The fact that the parents or guardian or any duty licensed disabled child-placement or child-caring agency, as the case may be, has opposed thecommitment of such child;

(4) The name and written conformity of the institution where the child is to be

committed.

(5) An estimate of the costs and other expenses of maintaining the child in theinstitution.

The verified petition shall be sufficient if based upon the personal knowledge of thepetitioner.

(d) Order of Hearing; Notice.- If the petition filed is sufficient in form and substance, thecourt, by an order reciting the purpose of the petition, shall fix the date of the hearingthereof, and a copy of such order shall be served on the child alleged to be mentallyretarded, physically handicapped, emotionally disturbed, mentally ill, with cerebral palsyor with similar afflictions and on the person having charge of him or any of his relativesresiding in the province or city as the court may deem proper.

The order shall also direct the sheriff or any other officer of the court to produce, ifnecessary, the alleged disabled child on the date of the hearing.

(e) Hearing and Judgment.- If the court finds that the allegations of the petition havebeen established and that institutional care of the child is for his best interests or thepublic welfare and that his parents, or guardian or relatives are unable for any reasonwhatsoever to take proper care of him, the court shall order his commitment to theproper institution for disabled children. The court shall likewise make proper provisionsfor the custody of the property or money belonging to the committed child.

The expense of maintaining a disabled child in the institution to which he has beencommitted shall be borne primarily by the parents or guardian and secondarily, by suchdisabled child, if he has property of his own.


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In all cases where the expenses for the maintenance of the disabled child cannot bepaid in accordance with the immediately preceding paragraph, the Department shallbear the expenses, or such part thereof as may remain unpaid.

The court shall furnish the institution to which the child has been committed with a copy

of its judgment, together with ail the reports and other data pertinent to the case.

(f) Discharge of Judicially Committed Disabled Child.- Upon motion of the parent,guardian or institution to which the child has been judicially committed under this Rule,the court, after hearing, shall order the discharge of such child if it is established andcertified by the Department that:

(1) He is no longer a danger to himself and the community;

(2) He has been sufficiently rehabilitated from his physical handicap or if ofworking age, is already fit to engage in gainful occupation; or

(3) He has been sufficiently relieved of his psychological, mental and emotionalproblems and is ready to assume normal social relations,

SEC. 7. Effectivity.- This rule shall take effect on April 15, 2002 after its publication in anewspaper of general circulation not later than March 15, 2002


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A.M.03-03-04:RULEONCUSTODYOFMINORSANDWRITOFHABEASCORPUSINRELATIONTOCUSTODYOFMINORS

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.

SEC. 2. Petition for custody of minors; who may file.- A verified petition for the rightfulcustody of a minor may be filed by any person claiming such right. The party againstwhom it may be filed shall be designated as the respondent.

SEC. 3. Where to file petition.- The petition for custody of minors shall be filed with theFamily Court of the province or city where the petitioner resides or where the minor maybe found.

SEC. 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.

SEC. 5. Summons; personal service on respondent.- If the court is satisfied that thepetition is sufficient in form and substance, it shall direct the clerk of court to issuesummons, which shall be served together with a copy of the petition personally on therespondent.

SEC. 6. Motion to Dismiss.- A motion to dismiss the petition is not allowed except onthe ground of lack of jurisdiction over the subject matter or over the parties. Any otherground that might warrant the dismissal of the petition may be raised as an affirmativedefense in the answer.

SEC. 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 thepetition.


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SEC. 8. Case study; duty of social worker.- Upon the filing of the verified answer or theexpiration of the period to file it, the court may order a social worker to make a casestudy of the minor and the parties and to submit a report and recommendation to thecourt at least three days before the scheduled pre-trial.

SEC. 9. Notice of mandatory pre-trial.- Within fifteen days after the filing of the answeror the expiration of the period to file answer, the court shall issue an order: (1) fixing adate for the pre-trial conference; (2) directing the parties to file and serve theirrespective pre-trial briefs in such manner as shall ensure receipt thereof by the adverseparty at least three days before the date of pre-trial; and (3) requiring the respondent topresent the minor before the court.

The notice of its order shall be served separately on both the parties and theirrespective cou

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