Family mediation

Family mediation | Daily Tribune

Article 151 of the Civil Code mandates that “[n]o suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but the same failed.”

The same article provides that if no effort was ever made, the case shall be dismissed. (Today, however, this can no longer be a ground for dismissal under the 2019 Rules of Procedure; but rather an affirmative defense alleged in the Answer.).

As you will see, the law protects family members and encourages them to iron out their differences first. Court action will be the last resort only if negotiations fall through. This is to preserve harmony within the family. One can just imagine how emotional and messy things get when an issue between family members is brought to court. The cited provision, however, does not provide a mechanism for this. It is up to the parties themselves to try to settle matters between themselves in however way they can. This can result in a blur if any effort was ever made and if it falls under what the law prescribes.

To erase any doubt, the Supreme Court, just last 5 November 2024 promulgated A.M. No. 24-02-06-SC, otherwise known as The Rule on Family Mediation. Its salient provisions give you the idea in a nutshell.

“Family mediation is a process in which a mediator, functioning as an impartial third party, facilitates the resolution of family disputes and supports the parties’ voluntary appearance. It must be child inclusive and uphold the best interests of the child and the family.” (Section 2c).

“This Rule shall be applicable to cases within the jurisdiction of family courts, first and second level courts, and the Court of Appeals, involving suits between husband and wife; between parents and children; among other ascendants and descendants; and among brothers and sisters, whether of full or half-blood. This Rule shall also apply to relatives within the fourth civil degree of consanguinity or affinity, and to parties in a common-law, dating, or sexual relationship, whether former or current.” (Section 1).

As to what specific cases are covered, “the following cases shall be referred to family mediation: (a) all cases involving issues under the Family Code of the Philippines and other laws, which can be the subject of a compromise agreement, such as support, custody, visitation, property relations, and guardianship.” (Section 3a).

There are still other covered cases enumerated under A.M. No. 24-02-06-SC. Take note though that “the following cases shall not be referred to family mediation: (a) civil cases that cannot be the subject of a compromise: (1) civil status of persons; (2) validity of a marriage or legal separation; (3) any ground for legal separation; (4) future support; (5) jurisdiction of courts; and, (6) future legitime,” among other matters. (Section 4-a).

One can just imagine how emotional and messy things get when an issue between family members is brought to court.

“No action under Section 3(a),(b) and (d) above and under this Rule shall be filed in court unless the parties underwent a dispute resolution process and they failed to reach an amicable settlement as evidenced by a certification, as may be required under the Rules of Civil Procedure, as amended.” (Section 5).

We now have an official mechanism, as prescribed by our Supreme Court, on how family members can first settle their differences and preserve harmony. One feature I appreciate is the expansion of “family members” to “common-law, dating, or sexual relationship, whether former or current.” Their inclusion affords these relationships a recognized avenue toward forging a compromise with their partners, ex or present; hopefully without having to go through protracted litigation.

With effective mediation, I am sure many candidate cases that would clog court dockets will no longer reach the courts. This will not only ease the burden of the courts, but more importantly, the burden on family members.

Remember, a compromise will greatly save time, effort and expense. Mediation is key.