Text of the provision
Art. 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses.
(n)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
If the initial conference does not settle things, the petition moves to a summary hearing — still streamlined. The court decides on the basis of affidavits, documentary evidence, or oral testimony, as it sees fit. Much of the record can be paper, avoiding a full trial.
Where live testimony is needed, the court keeps tight control: it names the witnesses and the subjects they may testify on, and directs the parties to produce them. This prevents the summary hearing from sprawling into an ordinary trial.
Related provisions
- Article 243 — the preliminary conference that precedes it.
- Article 247 — the finality of the resulting judgment.
Cases interpreting this article
- Authorities on Article 246 will be added here as each is verified against primary sources.