Today is Monday, December 07, 2020

  Constitution
Statutes
Executive Issuances
Judicial Issuances
Other Issuances
Jurisprudence
International Legal Resources
AUSL Exclusive

Ninth Congress

Republic Act No. 7610             June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD AB
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation an
Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provid
protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, pre
development; provide sanctions for their commission and carry out a program for prevention and deterrence of and c
intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the chi
parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against ab
exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teach
having care and custody of the same. 1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstanc
affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertake
or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with th
of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall b
to promote the welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully ta
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because
physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any o
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatm

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and d
child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impair
growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of childr
but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-rela
activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with
development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extre
or in an area which is underdeveloped and/or lacks or has inadequate access to basic service
for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordi
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

 (2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of childre

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Depar
Justice and the Department of Social Welfare and Development in coordination with other government agencies and
sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and o
abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which end
survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit,
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or las
conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not li
following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisem
other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to en
child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in pros
subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amen
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty f
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium p

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishme
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment se
 cover or which engages in prostitution in addition to the activity for which the license has been issued
establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section
paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or an
hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is abou
exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is rec
services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalt
two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the p
the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal C

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not li
the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of r
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve
age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 o

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
the Department of Social Welfare and Development or written permit or justification from the child's pa
legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bea
for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any oth
simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics
day-care centers, or other child-during institutions who can be offered for the purpose of child traffickin

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imp
the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induc
a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publicatio
pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imp
maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow su
be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this sect
suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Chil
Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be respons
other conditions prejudicial to the child's development including those covered by Article 59 of Preside
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer
of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in t
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, p
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the pe
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provi
this provision shall not apply to any person who is related within the fourth degree of consanguinity or
any bond recognized by law, local custom and tradition or acts in the performance of a social, moral o

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or h
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in it
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should th
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of p
authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who all
person to take along with him to such place or places any minor herein described shall be imposed a
prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the
license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium p
reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2
paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intenti
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12
age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as ame
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended pa
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law wh
is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare
Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Con
Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and
Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual ab
trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their a
license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/
Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed
establishments or enterprises by the Department of Social Welfare and Development for such period which shall not
one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prisio
correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, o
publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of sa
establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna,
agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include an
conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to h
committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and wher
members of the employer's family are employed: Provided, however, That his employment neither en
life, safety and health and morals, nor impairs his normal development: Provided, further, That the pa
guardian shall provide the said minor child with the prescribed primary and/or secondary education; o

(2) When a child's employment or participation in public & entertainment or information through cinem
radio or television is essential: Provided, The employment contract concluded by the child's parent or
with the express agreement of the child concerned, if possible, and the approval of the Department of
Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking int
the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competen
authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engag
child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requ

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementa
Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports sha
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vo
efficiency of working children who have not undergone or finished elementary or secondary education. Such course d
integrate the learning process deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ ch
in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts a
violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 o
Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less tha
months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated vi
the provisions of this Article, the offender's license to operate shall be revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act
existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development co
the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop
institute an alternative system of education for children of indigenous cultural communities which culture-specific and
the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall a
and support non-formal but functional indigenous educational programs conducted by non-government organizations
communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigen
communities shall be given priority by all government agencies concerned. Hospitals and other health institution shal
children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services
of indigenous cultural communities, indigenous health practices shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all form
discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto may
maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000)

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representa
be involved in planning, decision-making implementation, and evaluation of all government programs affecting childre
indigenous cultural communities. Indigenous institution shall also be recognized and respected.
 ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the respons
State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of p
attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be pro
any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its ci
or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies

(c) Delivery of basic social services such as education, primary health and emergency relief services
unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding mi
both government and non-government institutions shall be ensured. They shall not be subjected to un
harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for milita
such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as
armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children du
evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons resp
their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be house
same premises and given separate accommodation from other evacuees and provided with facilities to lead a norma
In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportio
physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoo

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arres
reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Departme
Welfare and Development or any responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the ac
against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. Howe
instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such
custody or care of the Department of Social Welfare and Development or to any training institution operated by the G
or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, fo
period as the court may deem proper, after considering the reports and recommendations of the Department of Socia
and Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare
Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions
prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as app
criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barang
by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as e
herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity; 1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective
the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regula
performance of this function, the officer of the Department of Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidentia
No. 603.

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until t
acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or prod
of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue a
sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the
party. Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of th
the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases
involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the h
disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has be
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an as
parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity,
manager or owner of an establishment which has no license to operate or its license has expired or h
revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and f
barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a pub
employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion tempora
penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, Th
penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be impo

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Dep
Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any imme
member of his family if the latter is the perpetrator of the offense.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordina
Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementatio
Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulatio

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to b
appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining p
not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby r
modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) natio
newspapers of general circulation.

Approved: June 17, 1992. lawphi1 Ÿ

The Lawphil Project - Arellano Law Foundation

Republic of the Philippines

SUPREME COURT
Manila

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

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 the
support, maintenance and education of the minor, irrespective of who may be its 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.

Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its publication in a
newspaper of general circulation not later than April 30, 2003.