Where to file support pendente lite

Where the main action is pending

o Regional Trial Court
o Municipal court
o Appellate court

Filing Comments
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A copy of the application and all supporting documents shall be served

upon the adverse party, who shall have five (5) days to comment, unless
a different period is fixed by the court upon his motion
The comment shall be verified and shall be accompanied by affidavits,
depositions or other authentic documents in support thereof

Hearing
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After the comment is filed or after the expiration of the period for its filing,
the application shall be set for hearing not more than three (3) days
thereafter
The facts in issue shall be proved in the same manner as is provided for
evidence on motions

Evidence required in support pendent lite

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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 to determine the kind and amount of
evidence which may suffice to enable it to justly resolve the application. It
is enough that facts be established by affidavits or other documentary
evidence appearing in the record. (Mangonon v CA)

Issuance of Order
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The court shall determine provisionally the pertinent facts and shall render
orders as justice and equity may require, having due regard to the
probable outcome of the case and such other circumstances as may aid in
the proper resolution of the question involved

Effect if application is granted

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The court shall fix the amount of money to be provisionally paid or such
other forms of support as should be provided, taking into account the
necessities of the applicant and the resources or means of the adverse
party, and the terms of payment or mode for providing the support.

Effect if application is denied

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The principal case shall be tried and decided as early as possible

Basis of amount of support

As a matter of law, the amount of support which those related by

marriage and family relationship is generally obliged to give each other
shall be in proportion to the resources or means of the giver and to the
needs of the recipient (Art. 200, Family Code)

Guide on judicial determination of support pendente lite in cases of legal separation

and petitions for declaration of nullity or annulment of marriage under A.M. No. 0211-12-SC
Spousal Support
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In the absence of adequate provisions in a written agreement between the

spouses, the spouses may be supported from the properties of the
absolute community or the conjugal partnership
The court may award support to either spouse in such amount and for
such period of time as the court may deem just and reasonable based on
their standard of living during the marriage
The court may likewise consider the ff. factors
1. Whether the spouse seeking support is the custodian of a child whose
circumstances make it appropriate for such spouse not to seek outside
employment
2. The time necessary to acquire sufficient education and training to
enable the spouse seeking support to find appropriate employment,
and that spouses future earning capacity
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their
comparative earning abilities in the labor market
5. The needs and obligations of each spouse
6. The contributions of each spouse to the marriage, including services
rendered in home-making, child care, education, and career building
of the other spouse
7. The age and health of the spouses
8. The physical and mental conditions of the spouses
9. The ability of the supporting spouse to give support, taking into
account that spouses earning capacity, earned and unearned income,
assets and standard of living and
10.Any other factor which the court may deem just and equitable

Child Support
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The common children of the spouses shall be supported from the

properties of the absolute community or the conjugal partnership
In determining the amount of provisional support, the court shall consider
the following factors:
1. The financial resources of the custodial and non-custodial parent and
those of the child
2. The physical and emotional health of the child and his/her special
needs and aptitudes
3. The standard of living the child has been accustomed to

4. The non-monetary contributions that the parents will make toward the
care and well-being of the child
Defenses in support pendent lite
Rule on Enforcement of Order
1. If adverse party fails to comply with the order the court shall, motu proprio
or upon motion, issue an order of execution against the adverse party,
without prejudice to his liability for contempt
2. If third party gives support to the applicant such third party may, after due
notice and hearing in the same case, obtain a writ of execution to enforce his
right against the person ordered to provide such support
Support in Criminal Cases
Requisites
1. A party was accused of a crime
2. A child was born to the offended party allegedly as a result of such crime
3. The civil aspect thereof includes a liability of support for the offspring as a
consequence of the crime
4. The civil aspect thereof has not been waived, reserved or instituted prior to
its filing
Who may file
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May be filed successively by the offended party, her parents,

grandparents or guardian and the State in the corresponding criminal case
during its pendency

Rule on Restitution
Effect if judgment or final order of the court finds that the person who has been
providing support pendent lite is not liable
1. The court shall order the recipient to return the amounts already paid with
legal interest from the date of actual payment, without prejudice to the right
of the recipient to obtain reimbursement in a separate action from the person
legally obliged to give such support
2. 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
1999 Bar Question:
Before the RTC, A was charged with rape of his 16 year old daughter. During the
pendency of the case, the daughter gave birth to a child allegedly as a consequence
of the rape. Thereafter, she asked the accused to support the child, and when he
refused, the former filed a petition for support pendente lite. The accused, however,
insists that he cannot be made to give such support arguing that there is as yet no

finding as to his guilt. Would you agree with the trial court if it denied the
application for support pendente lite? Explain
Answer:
No. As stated by the court in Mangonon v CA, 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 to determine the kind and
amount of evidence which may suffice to enable it to justly resolve the application.
It is enough that facts be established by affidavits or other documentary evidence
appearing in the record. Hence, there is no need to first establish the guilt of the
accused before the application for support pendente lite be granted. Otherwise, it
would defeat the very purpose of the remedy of support pendente lite.