Supreme Court Promulgates the Rule on International Child Abduction Cases
October 18, 2022
In its En Banc Session today, the Supreme Court promulgated the Rule on International Child Abduction Cases (A.M. No. 22-09-15-SC), which implements the Hague Convention on the Civil Aspects of International Child Abduction of 1980 (HCAC) to which the Philippines has been a party since 2016.
The Rule provides an expeditious procedure to facilitate the prompt return of children, who have been wrongfully removed or retained across international boundaries, to their state or country of habitual residence based on the presumption that, save in exceptional circumstances, the wrongful removal or retention of the child is not in his/her best interest. For the Rule to apply, the child must have been brought to the Philippines after leaving the state of his/her alleged habitual residence and HCAC must be in force between the Philippines and the country alleged to be the child’s habitual residence.
The promulgation of the Rule coincides with the first day of the Hague Conference on Private International Law (HCCH) Asia Pacific Week, a three-day conference held in Manila from October 18 to 20, 2022, where participants learn more about the HCCH and its mission to bridge gaps in the legal framework of countries.