Republic of the Philippines Supreme Court Manila A.M. No. 21-03-02-SC RULES ON ACTION FOR SUPPORT AND PETITION FOR RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS OR JUDGMENTS ON SUPPORT RESOLUTION WHEREAS, pursuant to Section 5(5), Article VIII of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning the pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged; WHEREAS, the Philippines is a member of the Hague Conference on Private International Law (HCCH), having acceded to the Statute of the HCCH effective 14 July 2010, as well as four (4) other HCCH Conventions, 1) Convention of 5 October 1961 Abolishing the Requirement of tion for Foreign Public Documents; 2) Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; 3) Convention of 25 October 1980 on Civil Aspects of International Child Abduction, and 4) Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption; WHEREAS, the National Government is considering the Philippines’ possibie accession to the HCCH Convention of 23 November 2007 on Internationai Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention), which will benefit many Filipinos seeking cross-border child and, to a limited extent, spousal support and facilitate the efficient recognition and enforcement of support decisions or judgments rendered by a foreign body or court; WHEREAS, the current rules applicable to the recovery of support are either provisional in nature (Rule on Provisional Orders under A.M. No. 02-11-12. dated 4 March 2003), or those for ordinary civil actions, which do not take into account the unique and urgent nature of actions for support;Resolution 2 AM. No, 21-03-02-SC WHEREAS, there is a need to provide for an expedited procedure in actions for support and petitions for recognition and enforcement of foreign decisions or judgments on support; WHEREAS, through Memorandum Order No. 58-2020 dated 10 September 2020 and 30 September 2020, the Special Committee on the Hague Convention on Child Support was created to study the Child Support Convention for the possible amendment of the existing rules of procedure, which is composed of the following: Chairpersons: Vice/Working Chairperson: Members: Hon. Diosdado M. Peralta Chief Justice Hon. Estela M. Perlas-Bernabe Senior Associate Justice Hon. Jose Midas P. Marquez Court Administrator Hon. Geraldine C. Fiel-Macaraig Associate Justice, Court of Appeals Hon. Maria Theresa V. Mendoza-Arcega Associate Justice, Sandiganbayan Hon. Lorifel Lacap Pahimna Associate Justice, Sandiganbayan Hon. Angelene Mary Q. Quimpo-Sale Associate Justice, Court of Appeals Hon. Cristina Jayalera-Sulit RTC Br. 140, Makati City Hon. Cecilyn E. Burgos-Villavert RIC Br. 89, Quezon City Hon. Sita Jose-Clemente RTC Br. 16, Malolos, Bulacan Hon. Jose Lorenzo R. Dela Rosa RTC Br. 4, City of Manila Atty. Laura C.H. Del Rosario Judicial Reform Program AdministratorResolution 3 A.M. No. 21-03-02-SC Atty. Dorothy L. Peralta Office of the Chief Justice, Representative Consultants: Hon. Teresita J. Leonardo-de Castro Retired Chief Justice Hon. Rosalina L. Luna-Pison Retired Family Court Judge Secretariat: Atty. Rogelyn T. Adalid-Mendiola/ Atty. Devery Jean Katrina T. Tumilba Office of Senior Associate Justice Estela M. Perlas-Bernabe Atty. Reynaline G. Tan-Francisco Philippine Judicial Academy Atty. Camille Sue Mae L. Ting Office of the Court Administrator NOW, THEREFORE, acting on the recommendation of the Chairpersons of the Special Committee on the Hague Convention on Child Support, the Court resolves to APPROVE the “Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support.” These Rules shall take effect on 31 May 2021 following their publication in two (2) newspapers of general circulation. 23 March 2021 DIOSDADO M. PERALTA Chief Iistice Associate Justice » GESMUNDO- Associate JusticeResolution 4 AM. No. 21-03-02-SC ‘Associate Justice Associate Justice Hach in AMY C. HAZARO-JAVIER HENRI JEAN PAUL B. INTING Associate Justice Associate Justice EDGARDO L. DELOS SANTOS S: 7 le AN Associate Justice Associate Justice aac * ROSARIO a Assdciate Justice Associate Justice RIC.RULES ON ACTION FOR SUPPORT AND PETITION FOR RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS OR JUDGMENTS ON SUPPORT RULE I GENERAL PROVISIONS Section 1, Scope.—These Rules shall govern all actions for support filed by those entitled to support under the Family Code of the Philippines and other laws obliging an individual to provide support to another person, including, petitions for recognition and enforcement of foreign judgments or decisions for support. These Rules shall not preclude the filing of @ verified application for support pendente lite under Rule 61, 2019 Amendments to the 1997 Revised Rules of Civil Procedure, and spousal and child support under the Rule on Provisional Orders, and shall apply to children regardless of the marital status of their parents. Section 2, Objective-—These Rules provide a procedure for the determination of rights and obligations of individuals to give and receive support, and the recognition and prompt enforcement of judgments or decisions for support in accordance with applicable laws and international agreements, and promote the best interests of the child. Section 3. Defi .s. For purposes of these Rules: below 18 years of age, or 18 years of age and above ty, is unable to fully elf. verything indispensable for sustenance, dwelling, aitendance, education, and transportation, in nancial capacity of the family. The'cducation of the person entitled to be supported referred to in the preceding paragraph shall include his or her schooling or training for.some profession, trade or vocation, even beyond the age ‘ortation sha!l include expenses in going to and i6 a Family Court created pursuant to Sec, 3, Republic {R.A.}. 839 or the Family Courts Act of 1997; a court designated in accurdaiice with Sec. !7 of the Act; or a singtc-sala or multiple-sala court handling family cases.RULE II PROCEDURE FOR ACTION FOR SUPPORT Seetion 4. Where to file; venue—An action for support shall be filed in the court which has territorial jurisdiction over the place where the plaintiff or defendant actually resides, at the election of the plaintiff. If the defendant does not reside in the Philippines or his or her whereabouts are unknown, the action shall be filed in the court where the plaintiff resides, or where any property of the defendant is located in the Philippines. Section 5. Pleadings allowed —The only pleadings allowed to be filed are the complaint, the answer thereto which may contain a compulsory counterclaim and/or cross-claim, and the answer to such counterclaim and/or cross-claim. All pleadings shall be verified. No motion to dismiss the complaint shall be allowed except on the ground of lack of jurisdiction over the subject matter; that another action is pending between the same parties for the same cause; and that the cause of action is barred by a prior judgment; provided however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in the answer. Section 6. How commenced.—An action for support shall be commenced by filing a verified complaint, following the provisions of Rule 7, 2019 Amendments to the 1997 Revised Rules of Civil Procedure. If the complaint i and substance, the court where the action is pending shall immediately direct the clerk of court to issue summons to the defendant to be served logether with a copy of the complaint and its annexes. At any time hefore the rendition of judgment, an application for support pendente iite in accordance with Rule 61, 2019 Amendments to the 1997 Revised Rules of Civil Procedure may be filed in court. Section 7. Sw#mons.--Summons shall be issued and served pursuant to Rule 14, 2019 Amendments to the 1997 Revised Rules of Civil Procedure. Section 8. Hhen to file responsive pleading —The defendant shall file his or 5 i i fifteen (15) calendar days after service of rt may fix ger period not exceeding sixty (60) ‘nthe service of summons in cases where the defendant is not a resident of the Philippines, or his or her whereebouts are unknown. When the piaimtif files an amended complaint as a matter of right, the defendant shail answer the same within fifteen (15) calendar days after being served with a copy thereof, Where its filing is not a matter of right, the