ANG, Stephanie Isis D.

RULE II A.M. NO 21-03-02-SC

PROCEDURE FOR ACTION FOR SUPPORT
where the petitioner or
Proper Venue: respondent actually resides,
at the election of the
Family Court which
Action for Support has jurisdiction
petitioner

or Petition Initiated over the place if said respondent does

where any of the properties not reside in the PH or
of the respondent is located his/ her whereabouts are
unknown

Serve Summons 15 calendar days

from service IF
COUNTER
CLAIM/
CROSS-CLAIM The court may fix a
longer period not
exceeding 60 days
File Response by
May be granted an
Defendant within 15 days additional period of not
A defendant is only
For meritorious allowed to file 1 motion
reasons more than 15 calendar for extension
FILING NOT days
A MATTER
defendant shall answer the amended
OF RIGHT complaint within 10 calendar days from
FAILURE, WITHOUT JUST CAUSE, OF
notice of the order admitting the same
A PARTY AND COUNSEL
If there is no settlement,
Branch clerk of the Court shall
to explore settlement judgment on the pleadings, or
Including CAM & JDR if
Pre-trial issue within 3 calendar days from
filing a notice of pre-trial necessary
options and set the stage summary judgment, the dates
for trial for the reception of evidence
shall be set

If the plaintiff and counsel fail to appear without

shall be set not later than 30 valid cause or to file a pre-trial brief after being
duly notified, the court may dismiss the action with
calendar days from the filing of the
last responsive pleading
prejudice unless otherwise ordered. to appear during pre-trial,
produce required
despite notice, results in a
evidence shall be
Plaintiff presents evidence waiver of objections to the deemed a waiver
30 days from the start
Presentation of within 5 days after court- of the trial to finish A similar failure on the part of the defendant and faithfulness, genuineness, and to present such
annexed mediation or presenting evidence. counsel may allow the plaintiff to present evidence due execution of reproductions evidence.
Plaintiff’s Evidence judicial dispute resolution. ex-parte within 10 calendar days from the
marked.
Trial termination of the pre-trial, and the court may
render judgment based on the evidence offered by
the plaintiff.
Presentation of Defendant presents evidence
completes evidence
presentation within 30
Defendant’s within 5 days after the court days from the start of
rules on the plaintiff's their presentation.
Evidence
evidence offer.

The court must render The court has the discretion to The judgment may adjust the amount of
This period is non-extendible support, taking into consideration the
judgment within 30 direct the parties to submit
Rendition of and does not affect the 30 recipient's needs and the resources or
Appeal Judgment
calendar days after
the admission of
evidence.
memoranda within 10 calendar
days.
day period for rendering
judgment.
means of the person obligated to provide
support.

This period is non-

extendible and does not
affect the 30-day period
for rendering judgment.
Judgment may be
appealed within a period Execution Immediately
executory
of 15 calendar days
Filing petitions for certiorari, prohibition, or The only exception is if a restraining order is
mandamus does not automatically stop the legal issued by the proper court as part of these legal
proceedings or the execution of the judgment. remedies.
ANG, Stephanie Isis D.
RULE III
PROCEDURE FOR PETITION FOR RECOGNITION & ENFORCEMENT OF
A.M. NO 21-03-02-SC

FOREIGN DECISIONS OR JUDGMENTS ON SUPPORT

FILING OF
PETITION

WHO WHERE WHAT & HOW

The petition must

Anyone entitled to The Public Attorney's Can be filed in the include details like Reasons for the
support can file a Office (PAO) can file court with territorial names, contact petition and the
petition to recognize on behalf of a jurisdiction over the information, financial enforceability of the
and enforce a petitioner, providing petitioner's or circumstances, and foreign decision must
foreign support legal assistance upon respondent's other relevant be stated.
decision or judgment. request. residence. information.

if they do not reside in it can be filed where

the Philippines or their the respondent's
whereabouts are property is located
unknown.

PROCEDURE The court sets a

hearing within 30
days, and both
Notice & Decision
A final judgment is promptly
enforced without further

Hearing action by the petitioner.

WHEN FILED parties are notified.

The court may dismiss if the Recognition may be

petition lacks substance or Foreign judgments
refused for various
reasons, including The court renders a
if the foreign decision is meeting residency or

against the law or public

jurisdiction criteria may
be recognized.
fraud, pending
proceedings elsewhere,
decision within 30 days,
binding by the foreign
Appeal
policy. or lack of notice to
the respondent.
court's findings of
fact.

An appeal can be filed within

15 days, citing specific An appeal does not stop
grounds such as absence of judgment enforcement unless
bases, refusal grounds, a restraining order is
authenticity issues, or issued.
fulfillment of obligation.
ANG, Stephanie Isis D.
SUPPORT PENDENTE LITE
“SUPPORT PENDING LITIGATION”
RULE 61. CODE OF CIVIL PROCEDURE
EXECUTION IF
HEARING TO PROVE
NON-COMPLIANCE
COMMENCEMENT OF FACTS If the adverse party fails to
PROPER ACTION A hearing date is scheduled,
comply with the support order,
the court issues an order of
A verified application for support
typically within 3 days, or as
execution against them, without
IF SUPPORT NOT
determined by the court.
pendente lite may be filed by any
party stating the grounds for the
prejudice to contempt liability.
LEGALLY REQUIRED
The purpose is to present
claim and the financial If a third party provided
evidence supporting the
conditions of both parties, and support pendente lite, and the
application. Both parties If the court finds no liability
accompanied by affidavits, adverse party fails to comply,
present evidence to establish for support pendente lite, the
depositions or other authentic the third party can seek
the financial conditions and recipient must return amounts
documents in support thereof. reimbursement through a writ
grounds for support. with legal interest.
of execution in the same case.

SUPPORT
ENFORCEMENT
COMMENT HEARING ORDER IN RESTITUTION
APPLICATION OF
CRIMINAL
ORDER
CASES

SERVE PROVISIONAL APPLICATION FILED

APPLICATION TO SUPPORT & DURING CRIMINAL
TheADVERSE PARTY
filed application must be PENDENCY
served to the opposing party. AMOUNT OF TERMS In criminal cases, when the
The court provisionally
civil liability includes support
The adverse party has 5 days determines relevant facts and
for a child, the court may
to respond or comment on the issues orders for support
order support pendente lite.
application, unless the court pendente lite based on justice
specifies a different period. and equity, considering the
The application can be filed by
probable outcome of the case.
the offended party, parents,
grandparents, guardian, or the
State during the criminal case.
ANG, Stephanie Isis D.
SUPPORT PENDENTE LITE
“SUPPORT PENDING LITIGATION”
A Flowchart of Temporary Relief Application
1 2 3 4

FINANCIAL
REQUEST FOR STANDARD OF
CAPACITY CHILD SUPPORT
SUPPORT LIVING
ASSESSMENT

In order to avail of this The court then evaluates The court considers the Ensures that the custodial
support, the the financial capacity of standard of living enjoyed parent can adequately
disadvantaged spouse or both parties, considering by the parties during the provide for the children's
custodial parent must file their respective incomes, marriage. needs while the case is
a petition with the assets, obligations & ongoing.
appropriate court standard of living.

This ensures the

In this step, the petitioner The decision of the court temporary support
must specifically request regarding the amount of awarded is sufficient to The court considers
temporary financial the support awarded will maintain a similar factors such as education,
assistance during the be based on the needs of standard for the healthcare, and other
course of the legal the disadvantaged party & disadvantaged party and essential expenses when
proceedings. the capacity of the any dependent children. determining the
supporting party to appropriate amount.
provide financial
assistance.

Aims to prevent any undue hardship or financial instability By including provisions for child support, it prioritizes Helps address potential power imbalances between the parties,
faced by the disadvantaged party during the legal process, the best interests of the children involved, ensuring providing a level playing field during the legal process and
allowing them to sustain their daily living expenses and their well-being and access to necessary resources ensuring that both parties have the means to effectively pursue
maintain a reasonable standard of living. during the case proceedings. their rights and interests.