The family is the most fundamental social institution and the foundation of the nation. The Constitution mandates that the State shall strengthen its solidarity and actively promote its total development. To uphold this mandate, the Family Code requires that earnest efforts to reach a compromise be made before a lawsuit between family members can proceed. This is known as the “Earnest Effort Rule.” The wisdom behind this provision is to maintain the sacred ties of the family and avoid the breeding of hate and bitterness that arise in litigations among its members.
This notwithstanding, members of the family are not precluded from initiating suits among themselves. A suit may be commenced when they fail to reach an amicable settlement. Hence, the need for family mediation continues to emerge.
To address this, the Supreme Court En Banc approved the Rule on Family Mediation in its resolution dated Nov. 4, 2024, in A.M. No. 24-02-06-SC. The Rule aims to increase the effectiveness of family courts, unclog court dockets, and promote the best interests of the child by introducing innovations in dealing with family cases.
The Rule shall apply to suits between husband and wife, between parents and children, among other ascendants and descendants, among brothers and sisters, whether of full or half-blood, and among relatives within the fourth degree of consanguinity or affinity. Unlike the Earnest Effort Rule which limited its application to members of the family, the Rule on Family Mediation expanded its application to cover parties in a common-law, dating, or sexual relationship, whether former or current.
Among the cases where the Rule shall apply are those involving child support and custody, guardianship, settlement of intestate estates, and other civil cases where mediation is allowed by law. In these cases, courts are enjoined to refer the parties to undergo a mandatory 30-day family mediation. Family mediation is a process in which a family mediator, functioning as an impartial third party, facilitates the resolution of family disputes and supports the parties’ voluntary agreements. If a settlement is reached in the process, the parties shall execute a compromise agreement to be submitted to the court for approval. If no settlement is reached, the court may refer the case for Judicial Dispute Resolution if convinced that settlement is still possible.
To bolster its effectiveness, the Rule mentions the effects of refusal of the parties to undergo family mediation. If both the plaintiff/petitioner and counsel fail to appear at the mediation, despite notice and without justifiable reason, the case shall be dismissed. If it is the defendant/respondent and counsel who fail to appear, the plaintiff/petitioner shall be allowed to present evidence ex parte.
As pointed out by the Family Code Commission, there is nothing sadder and more tragic than litigation between members of the same family. The family is supposed to be a refuge, a space for support, understanding, and unconditional love. For these reasons, the State continues to adopt measures to protect its sanctity. With the promulgation of the Rule on Family Mediation, members of the family are provided with an out-of-court process of resolving family disputes, decreasing the emotional costs brought by litigation.
The views and opinions expressed in this article are those of the author. This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.
Raya B. Villacorta is an associate of the Litigation and Dispute Resolution Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
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