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home-making, child care, education, and

AM-02-11-12 career building of the other spouse; (7)


the age and health of the spouses; (8) the
RULE ON PROVISIONAL ORDERS physical and emotional conditions of the
spouses; (9) the ability of the supporting
Section 1. When Issued, - Upon receipt spouse to give support, taking into
of a verified petition for declaration of account that spouse's earning capacity,
absolute nullity of void marriage or for earned and unearned income, assets, and
annulment of voidable marriage, or for standard of living; and (10) any other
legal separation, and at any time during factor the court may deem just and
the proceeding, the court, motu proprio equitable.
or upon application under oath of any of
the parties, guardian or designated (d) The Family Court may direct the
custodian, may issue provisional orders deduction of the provisional support from
and protection orders with or without a the salary of the spouse.
hearing. These orders may be enforced
immediately, with or without a bond, and
for such period and under such terms" Section 3. Child Support. - The common
and conditions as the court may deem children of the spouses shall be supported
necessary. from the properties of the absolute
community or the conjugal partnership.
Section 2. Spousal Support. - In
determining support for the spouses, the Subject to the sound discretion of the
court may be guided by the following court, either parent or both may be
rules: ordered to give an amount necessary for
the support, maintenance, and education
(a) In the absence of adequate provisions of the child. It shall be in proportion to
in a written agreement between the the resources or means of the giver and to
spouses, the spouses may be supported the necessities of the recipient.
from the properties of the absolute
community or the conjugal partnership. In determining the amount of provisional
support, the court may likewise consider
(b) The court may award support to either the following factors: (1) the financial
spouse in such amount and for such resources of the custodial and non-
period of time as the court may deem just custodial parent and those of the child;
and reasonable based on their standard of (2) the physical and emotional health of
living during the marriage. the child and his or her special needs and
aptitudes; (3) the standard of living the
(c) The court may likewise consider the child has been accustomed to; (4) the non-
following factors: (1) whether the spouse monetary contributions that the parents
seeking support is the custodian of a child will make toward the care and well-being
whose circumstances make it appropriate of the child.
for that spouse not to seek outside
employment; (2) the time necessary to The Family Court may direct the
acquire sufficient education and training deduction of the provisional support from
to enable the spouse seeking support to the salary of the parent.
find appropriate employment, and that
spouse's future earning capacity; (3) the- Section 4. Child Custody. - In
duration of the marriage; (4) the determining the right party or person to
comparative financial resources of the whom the custody of the child of the
spouses, including their comparative parties may be awarded pending the
earning abilities in the labor market; (5) petition, the court shall consider the best
the needs and obligations of each spouse; interests of the child and shall give
(6) the contribution of each spouse to the paramount consideration to the material
marriage, including services rendered in and moral welfare of the child.
provided to the parent who is not
The court may likewise consider the awarded provisional custody unless found
following factors: (a) the agreement of the unfit or disqualified by the court. .
parties; (b) the desire and ability of each
parent to foster an open and loving Section 6. Hold Departure Order. -
relationship between the child and the Pending resolution of the petition, no
other parent; (c) the child's health, safety, child of the parties shall be brought out of
and welfare; (d) any history of child or the country without prior order from the
spousal abase by the person seeking court.
custody or who has had any filial
relationship with the child, including The court, motu proprio or upon
anyone courting the parent; (e) the nature application under oath, may issue ex-
and frequency of contact with both parte a hold departure order, addressed
parents; (f) habitual use of alcohol or to the Bureau of Immigration and
regulated substances; (g) marital Deportation, directing it not to allow the
misconduct; (h) the most suitable departure of the child from the
physical, emotional, spiritual, Philippines without the permission of the
psychological and educational court.
environment; and (i) the preference of the
child, if over seven years of age and of The Family Court issuing the hold
sufficient discernment, unless the parent departure order shall furnish the
chosen is unfit. Department of Foreign Affairs and the
Bureau of Immigration and Deportation of
The court may award provisional custody the Department of Justice a copy of the
in the following order of preference: (1) to hold departure order issued within
both parents jointly; (2) to either parent twenty-four hours from the time of its
taking into account all relevant issuance and through the fastest available
considerations under the foregoing means of transmittal.
paragraph, especially the choice of the
child over seven years of age, unless the The hold-departure order shall contain
parent chosen is unfit; (3} to the the following information:
surviving grandparent, or if there are (a) the complete name (including the
several of them, to the grandparent middle name), the date and place of birth,
chosen by the child over seven years of and the place of last residence of the
age and of sufficient discernment, unless person against whom a hold-departure
the grandparent is unfit or disqualified; order has been issued or whose departure
(4) to the eldest brother or sister over from the country has been enjoined;
twenty-one years of age, unless he or she (b) the complete title and docket number
is unfit or disqualified; (5) to the child's of the case in which the hold departure
actual custodian over twenty-one years of was issued;
age, unless unfit or disqualified; or (6) to (c) the specific nature of the case; and
any other person deemed by the court (d) the date of the hold-departure order.
suitable to provide proper care and
guidance for the child. If available, a recent photograph of the
person against whom a hold-departure
The custodian temporarily designated by order has been issued or whose departure
the" court shall give the court and the from the country has been enjoined
parents five days notice of any plan to should also be included.
change the residence of the child or take
him out of his residence for more than
three days provided it does not prejudice The court may recall the order. motu
the visitation rights of the parents. proprio or upon verified motion of any of
the parties after summary hearing,
Section 5. Visitation Rights. - subject to such terms and conditions as
Appropriate visitation rights shall be may be necessary for the best interests of
the child.
Section 8. Administration of Common
Section 7. Order of Protection. - The Property. - If a spouse without just cause
court may issue an Order of Protection abandons the other or-fails to comply with
requiring any person: his or her obligations to the family, the
(a) to stay away from the home, school, court may, upon application of the
business, or place of employment of the aggrieved party under oath, issue a
child, other parent or any other party, and provisional order appointing the applicant
to stay away from any other specific place or a third person as receiver or sole
designated by the court; administrator of the common property
(b) to refrain from harassing, subject to such precautionary conditions
intimidating, or threatening such child or it may impose.
the other parent or any person to whom
custody of the child is awarded; The receiver or administrator may not
(c) to refrain from acts of commission or dispose of or encumber any common
omission that create an unreasonable risk property or specific separate property of
to the health, safety, or welfare of the either spouse without prior authority of
child; the court.
(d) to permit a parent, or a person
entitled to visitation by a court order or a The provisional order issued by the court
separation agreement, to visit the child at shall be registered in the proper Register
stated periods; of Deeds and annotated in all titles of
(e) to permit a designated party to enter properties subject of the receivership or
the residence during a specified period of administration.
time in order to take persona! belongings
not contested in a proceeding pending Section 9. Effectivity. - This Rule shall
with the Family Court; take effect on March 15, 2003 following
(f) to comply with such other orders as its publication in a newspaper of general
are necessary for the protection of the circulation not later than March 7, 2003.
child.