Re: Proposed Rule on Provisional Orders

The Proposed Rule on Provisional Orders is approved and shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003. The approved Rule authorizes provisional and protection orders in cases for declaration of absolute nullity, annulment, or legal separation.

The Committee on Revision of the Rules of Court, through its Chairman, submitted to the Supreme Court for consideration and approval a Proposed Rule on Provisional Orders. The proposed rule was intended to govern provisional orders and protection orders in petitions for declaration of absolute nullity of void marriage, annulment of voidable marriage, or legal separation. It also set standards for spousal support, child support, child custody, visitation rights, hold departure orders, orders of protection, and administration of common property.

The Chairman of the Committee on Revision of the Rules of Court submitted a letter to the Supreme Court, placing the Proposed Rule on Provisional Orders before the Court for consideration and approval. Acting on that letter, the Court resolved to approve the Proposed Rule. The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

• Approval of Proposed Rule: Whether the Supreme Court should approve the Proposed Rule on Provisional Orders.
• Effectivity and Publication: Whether the Rule should take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

• Approval of Proposed Rule: Yes. The Supreme Court resolved to approve the Proposed Rule on Provisional Orders.
• Effectivity and Publication: Yes. The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

• Approval of Proposed Rule: The Court acted on the letter of the Chairman of the Committee on Revision of the Rules of Court, which submitted the Proposed Rule for consideration and approval. The resolution records the Court's approval of the Proposed Rule. The text states no further rationale for the approval.
• Effectivity and Publication: The Rule fixes its effectivity on March 15, 2003, conditioned on publication in a newspaper of general circulation not later than March 7, 2003. The resolution does not elaborate further.

• Provisional Orders in Family Cases — Under Section 1, upon receipt of a verified petition for declaration of absolute nullity of void marriage, annulment of voidable marriage, or legal separation, and at any time during the proceeding, the court, motu proprio or upon application under oath of any party, guardian, or designated custodian, may issue provisional orders and protection orders with or without a hearing. These orders may be enforced immediately, with or without a bond, and for such period and under such terms and conditions as the court may deem necessary. The Court approved this rule.
• Spousal Support — Section 2 permits support from the properties of the absolute community or conjugal partnership in the absence of adequate written agreement. The court may award support based on the spouses' standard of living during the marriage and may consider factors including custody of a child, time needed for education or training, duration of the marriage, comparative financial resources and earning abilities, needs and obligations, contributions to the marriage, age and health, physical and emotional conditions, the supporting spouse's ability to give support, and any other just and equitable factor. The Family Court may direct deduction of provisional support from salary.
• Child Support — Section 3 provides that common children shall be supported from the absolute community or conjugal partnership. Either or both parents may be ordered to give an amount necessary for the child's support, maintenance, and education, in proportion to the resources or means of the giver and the necessities of the recipient. The court may consider the financial resources of the custodial and non-custodial parent and the child, the child's physical and emotional health and special needs and aptitudes, the child's accustomed standard of living, and non-monetary contributions of the parents. The Family Court may direct deduction from salary.
• Child Custody — Section 4 requires the court to consider the best interests of the child and give paramount consideration to the child's material and moral welfare. It may consider the parties' agreement, each parent's desire and ability to foster an open and loving relationship with the other parent, the child's health, safety, and welfare, any history of child or spousal abase, nature and frequency of contact with both parents, habitual use of alcohol or regulated substances, marital misconduct, the most suitable environment, and the preference of a child over seven years of age and of sufficient discernment unless the chosen parent is unfit. Custody is awarded in an order of preference: both parents jointly; either parent; surviving grandparent; eldest brother or sister over twenty-one; actual custodian over twenty-one; or any other suitable person. The custodian must give five days' notice of any plan to change the child's residence or take the child out for more than three days, provided it does not prejudice visitation rights.
• Visitation Rights — Section 5 provides appropriate visitation rights to the parent not awarded provisional custody unless found unfit or disqualified by the court.
• Hold Departure Order — Section 6 prohibits bringing a child out of the country without prior court order. The court, motu proprio or upon application under oath, may issue ex-parte a hold departure order to the Bureau of Immigration and Deportation. The Family Court must furnish the Department of Foreign Affairs and the Bureau of Immigration and Deportation a copy within twenty-four hours through the fastest means. The order must contain the child's complete name, date and place of birth, last residence, case title and docket number, nature of the case, and date of the order; a recent photograph should be included if available. The court may recall the order after summary hearing.
• Order of Protection — Section 7 allows the court to require any person to stay away from specified places, refrain from harassing, intimidating, or threatening the child or other parent or custodian, refrain from acts creating an unreasonable risk to the child's health, safety, or welfare, permit visitation, permit entry to take personal belongings not contested, and comply with other orders necessary for the child's protection.
• Administration of Common Property — Section 8 provides that if a spouse without just cause abandons the other or fails to comply with obligations to the family, the court may, upon verified application of the aggrieved party, appoint the applicant or a third person as receiver or sole administrator of the common property subject to precautionary conditions. The receiver or administrator may not dispose of or encumber common property or specific separate property of either spouse without prior court authority. The order must be registered with the Register of Deeds and annotated on all titles of the properties subject to receivership or administration.
• Effectivity — Section 9 states that the Rule takes effect on March 15, 2003 following publication in a newspaper of general circulation not later than March 7, 2003.

• "Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Rule on Provisional Orders, the Court Resolved to APPROVED the same." — This is the core approval and the dispositive action of the resolution.
• "The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003" — This fixes the effectivity and publication requirement.
• "Upon receipt of a verified petition for declaration of absolute nullity of void marriage or for annulment of voidable marriage, or for legal separation, and at any time during the proceeding, the court, motu proprio or upon application under oath of any of the parties, guardian or designated custodian, may issue provisional orders and protection orders with or without a hearing." — This defines the scope and manner of issuance of provisional orders.
• "In determining the right party or person to whom the custody of the child of the parties may be awarded pending the petition, the court shall consider the best interests of the child and shall give paramount consideration to the material and moral welfare of the child." — This states the controlling standard for provisional child custody.

• Section 1, Rule on Provisional Orders — When issued: upon verified petition for declaration of absolute nullity, annulment, or legal separation, court may issue provisional/protection orders motu proprio or upon application under oath, with or without hearing, enforceable immediately, with or without bond.
• Section 2, Rule on Provisional Orders — Spousal support: support from community/conjugal property; amount based on standard of living and enumerated factors; salary deduction.
• Section 3, Rule on Provisional Orders — Child support: common children supported from community/conjugal property; either/both parents may be ordered; proportional to resources and necessities; factors; salary deduction.
• Section 4, Rule on Provisional Orders — Child custody: best interests and material/moral welfare; factors; order of preference; notice of change of residence.
• Section 5, Rule on Provisional Orders — Visitation rights: appropriate visitation to non-custodial parent unless unfit/disqualified.
• Section 6, Rule on Provisional Orders — Hold departure order: no child brought out without court order; ex-parte HDO to BID; furnish DFA/BID within 24 hours; contents; recall.
• Section 7, Rule on Provisional Orders — Order of protection: court may require stay away, refrain from harassment/threats, refrain from risk, permit visitation, permit entry for belongings, comply with other orders.
• Section 8, Rule on Provisional Orders — Administration of common property: if spouse abandons or fails obligations, court may appoint receiver/administrator; no disposal/encumbrance without court authority; register/annotate.
• Section 9, Rule on Provisional Orders — Effectivity: March 15, 2003 after publication not later than March 7, 2003.

Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr. and Azcuna, JJ. Ynares-Santiago, on leave; Corona, officially on leave.