Rule 61

SUPPORT PENDENTE LITE

What is a Support Pendente Lite?

It is an amount adjudicated by the trial court during the pendency of an action for support upon application at the commencement of the action or at anytime afterwards. (117 SCRA 929)

It is a provisional remedy which grants a person an amount enough for his “sustenance, dwelling, clothing, medical attendance, education and transportation” while an action is pending in court.

Coverage of a Support Pendente Lite

As enumerated in Article 194 of the Family Code of the Philippines, the following are the coverage for support:1) Sustenance2) Dwelling3) Clothing4) Medical Attendance5) Education6) Transportation in keeping with the financial

capacity of families.

When to apply?

Sec. 1-

a) at the commencement of the proper action or proceeding.b) anytime prior to the judgment or final order.

What are the requirements?

Sec. 1-a) Application for support pendente lite.b) Statement of the grounds for claim.c) Statement of the financial condition of both parties, accompanied by affidavits, depositions or other authentic documents. ****FORM: Must be Verified

Mangoma vs. MacadegGR. No. L-5153

Facts: Husband has not been given an opportunity to adduce evidence of the defenses he has set up against the motion for support pendente lite, among which is adultery. After the wife had presented her evidence and before the hearing on the motion was completed, the trial judge ordered payment of alimony pendente lite. There is nothing to show that the husband has resorted to dilatory tactics in the presentation of his evidence.

Held: There is no other alternative than to remand this case to the lower court in order that immediate steps may be taken relative to the reception of husband’s evidence in support of his opposition to the grant of support pendente lite. It is not necessary to go fully into the merits of the case, in view of the merely provisional character.

Service of Application and Documents

Sec. 2- A service of the application and all supporting documents is required to be served upon the adverse party, who shall have 5 days to comment thereon. UNLESS, different period is fixed by the law.

What are the requirements in the filing of the comment?

Sec. 2-• As to form: It must be verified.• As to contents: It must be accompanied by

affidavits, depositions or other supporting documents; It contains grounds resisting the claim.

Francisco vs. ZanduetaGR No. L-43794

Facts: Private respondent through his natural mother and guardian ad litem instituted an action for support against petitioner. It is alleged that private respondent is the acknowledged son of Petitioner and as such is entitled to support. The petitioner answered by a general denial of each and every material allegation contained in the complaint and as a special defense alleged that he never acknowledged respondent. Despite denial of paternity, trial judged ordered petitioner to support respondent.

Held: The fact from which the right to support arises has not been established, the court cannot grant support pendente lite. His alleged civil status being in litigation, which is the sonship being denied and from which the right to support is derived, being in issue, it is apparent that no effect can be given to such a claim until an authoritative declaration has been made as to the existence of the cause

Hearing

When conducted?

1) After the comment is filed; or2) After the expiration of the period for its filing.

***It shall be set for hearing not more than 3 days.

Proof required: Facts must be proven through affidavits and authentic documents (evidence on motions).

Determination of Probable Outcome

The court shall:1) Determine provisionally the pertinent facts; and2) Shall render such orders as justice and equity

may require, having the regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved.

Based on the evidence, the court makes a determination if the applicant has a right to support.

Actions on the ApplicationSec. 4-If the application is granted, the judge shall fix the amount of money to be provisionally paid and such other forms of support. Hence, immediately executory.If the application is denied, the principal case shall be tried and decided as early as possible.

***The amount fixed is only provisional and can be modified depending on the changing conditions affecting the ability of the obligor to pay the amount fixed for support. (San Juan vs Valenzuela, GR No. L-59906)

Ma. Carmina Calderon represented by her Attorney in fact vs. Antonio Roxas and CA

GR. No. 185595 Jan. 9, 2013

The orders relative to the incident of support were issued pending the rendition of the decision of the main action for declaration of nullity of marriage and are therefore interlocutory. They did not finally dispose of the case nor did they consist of a final adjudication of the Petitioners claims as to the ground of psychological incapacity and other incidents as child custody and conjugal assets.

ENFORCEMENT OF ORDERIf the respondent fails to comply, the court shall motu propio or upon motion:Sec. 5-1) Issue an order of execution against him;2) Contempt

***Any third person who furnished that support to the applicant may, after due notice and hearing in the same case obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support.

Support in Criminal CasesCan a support be awarded in criminal cases?

Yes. Sec. 6- Where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived, reserved and instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime.

Who may file application for Support Pendente Lite?

The application therefore may be filed successively by:1) The offended party;2) Her parents;3) Grandparents; or 4) Guardian; and5) The State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule.

RestitutionWhat are the effects in case the person was found not liable to give support?

Sec. 7 – The court:

1) Shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment;

2) Without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support;

3) Should the recipient fail to reimburse said amounts, the person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support.

Judgments For Support

• Section 4, Rule 39, of the Rules of Court clearly states that, unless ordered by the trial court, judgments in actions for support are immediately executory and cannot be stayed by an appeal. This is an exception to the general rule which provides that the taking of an appeal stays the execution of the judgment and that advance executions will only be allowed if there are urgent reasons therefor. (Gan vs. Reyes, G.R. No. 145527 May 28, 2002)

Can Support Pendente Lite be awarded while the case is on appeal? (Garcia vs. CA, G.R.No. L-14758, March 30, 1962)

FACTS: A minor, assisted by his mother filed a suit for acknowledgement as a natural child. The minor won in the lower court. The respondent appealed to the CA. Upon motion of the minor, the lower court awarded support pendente lite while the case is on appeal.

HELD: Although the decision has not yet become final and executory, still as the confirmation of the order of recognition may be said to relate back to the date of the original decision. It lies within the discretion of the trial court to direct the father to give support pending appeal. It would be a travesty of justice to refuse him support until the decision is sustained on appeal there being prima facie evidence of his right to support.

NEPOMUCENO vs. LOPEZG.R. No. 181258 March 18, 2010

Laws, Rules and Establishing Filiation

The relevant provisions of the Family Code provide as follows:

ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

ART. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(2) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws.

Adultery: Defense Against Actions For Support

Adultery on the part of the wife is a valid defense against an action for support. (Quintana vs. Lerma, 24 Phil 285)

The court must conduct a hearing and allow the parties to present their respective evidences on the allegation of adultery.

Adultery Must Not Only Be Alleged But Also Proved

• The wife asked for support pendente lite for herself and her 3 children. The husband opposed alleging adultery.

• The application for support pendente lite was set for hearing and submitted for resolution on the basis of the pleadings and the documents attached thereto by the parties.

• The adultery of the wife must be established by competent evidence. Here, the husband failed to submit proof of adultery. Mere allegation of adultery will bar the award of support pendente lite.

(Reyes vs. Hon. Luciano, GR No. L-48219, Feb. 28, 1979)

Evidence Required

• A court may temporarily grant support pendente lite prior to the rendition of judgment. Because of its provisional nature, a court does not need to delve fully into the merits of the case before it can settle an application for this relief. All that a court is tasked to do is determine the kind and amount of evidence which may suffice to enable it to justly resolve the application. It is enough that the facts be established by affidavits or other documentary evidence appearing in the record.

(Mangonon vs CA, June 30, 2006, GR No. 125041)