Effective May 31: SC OKs rules to enforce foreign decision on child, spousal support

The Supreme Court’s (SC) has decided to speed up the procedures concerning the enforcement of foreign decisions on child and spousal support.

The SC Public Information Office (SCPIO) announced that the high tribunal has approved the Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support which is set to take effect this May 31.

“The Rules are expected to benefit many Filipinos seeking cross-border child and spousal support or recognition and enforcement of support decisions or judgments rendered by a foreign body or court,” the SCPIO said in a statement.

“Before the approval of these Rules, the current rules applicable to the recovery of support were either provisional in nature or those for ordinary civil actions, which do not take into account the unique and urgent nature of actions for support,” it recounted.

Under the rules, the SCPIO explained “certain periods for compliance were shortened due to the urgent nature of support actions, such as the period to file an answer (15 calendar days from service of summons, or, in cases where plaintiff files an amended complaint, 15 calendar days after being served with a copy thereof), set pre-trial (not later than 30 calendar days from the filing of the last responsive pleading), present evidence (30 calendar days each for plaintiff and defendant), and render judgment (30 calendar days upon admission of evidence).”

“Furthermore, the court shall not review the merits of the foreign decision or judgment of a judicial or administrative authority and shall be bound by the findings of fact on which such authority based its jurisdiction,” the SCPIO said.

“Judgments are immediately executory. An appeal shall not stay their execution, nor will a petition for certiorari, prohibition or mandamus cause the suspension of the proceedings or execution, unless a restraining order is issued by the proper court. Integrated in the Rules are the execution and enforcement measures found in the Rules of Court, the Family Courts Act of 1997, and jurisprudence,” it stressed.

The SCPIO also assured that the proceedings and records of these cases shall be “confidential and cannot be related or disclosed to non-parties without the court’s written approval.”

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