The Hague, February 18, 2022 - The Philippines signed on February 18 the Child Support Convention which will make easier the collection of support for left-behind children. Philippine Ambassador to the Netherlands J. Eduardo Malaya signed the convention, which is formally titled the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, during ceremonies at the Ministry of Foreign Affairs of the Netherlands, the depositary of the convention.
According to DFA Assistant Secretary for Treaties and Legal Affairs Igor Bailen, the Child Support Convention will facilitate the applications of individuals seeking child support, and to a limited basis, spousal support from foreign parents or spouses, as well as the efficient recognition and enforcement of support decisions even if rendered by foreign courts. The Convention has over 43 Contracting States, including the United States and European countries. The convention was negotiated under the auspices of the Hague Conference on Private International Law (HCCH).
The Department of Foreign Affairs, led by the Office of Treaties and Legal Affairs, hosted a virtual program enabling partner agencies in the Philippines and the public to witness the milestone event. Attendees included Chief Justice (ret.) Diosdado Peralta, Court of Appeals Justice Angelene Quimpo-Sale, Department of Justice Chief State Counsel George Ortha, DSWD Assistant Secretary Dr. Glenda Relova, and Prof. Elizabeth Aguiling-Pangalangan.
The depositary Ministry was represented by Mr. Jules van Eijndhoven, Head of the Treaties Division, and Mr Rieks Boekholt, Legal Officer, while the Permanent Bureau of the HCCH was represented by Dr Christophe Bernasconi, Secretary General, and Mr Philippe Lortie, First Secretary.
In his welcome remarks, Ambassador Malaya stated that joining the Convention reflects the government's commitment to ensuring the welfare and future of children, and highlights the intersection of diplomacy and law in which international conventions could have direct impact and benefits to the lives of the Filipino people. He also thanked the Supreme Court of the Philippines, which saw the value of the HCCH conventions and issued the relevant circulars facilitating its implementation in the country, and the DSWD for its support and cooperation in looking after vulnerable children for an improved quality of life.
Chief Justice Peralta recalled the creation of the Supreme Court’s Special Committee on the Hague Convention on Child Support which led to the promulgation on May 31, 2021 of the Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support (A.M. No. 21-03-02-SC). The Rules provide for an expedited procedure in actions for support and petitions for recognition and enforcement of foreign decisions within the framework of the HCCH Child Support Convention.
HCCH Secretary General Dr. Bernasconi stated that the Philippines’ accession to the Child Support Convention is a testament to the Philippines’ commitment in improving cross-border transactions. He also said that the Convention provides a high degree of legal certainty and predictability in enforcing support claims across borders and despite the differences among countries’ legal systems.
The Convention will undergo ratification by the President of the Philippines, and once ratified, will enter into force for the Philippines after three months from the deposit of its instrument of ratification.
The Philippines became a Member in 2010 of the Hague Conference on Private International Law, an international organization whose mandate is the progressive unification of the rules of private international law. Out of the 39 HCCH Conventions, the Philippines is a Contracting State to the four more popular and functional ones, namely the HCCH Intercountry Adoption Convention, Apostille Convention, Service Convention, and the Civil Aspects of International Child Abduction Convention.
