Support Pendente Lite  Clear and Satisfactory evidence

What is the nature of the judgement in Support

Application Pendente Lite?
 When?  Interlocutory and non-appealable
o At the commencement
o At anytime prior to the judgement What is the remedy for an adverse judgement?
 What?  Certiorari, since it is non-appealable
o A verified application for support  Non-appealability may be waived by failure to
pendente lite object. Salazar v. Salazar
 Grounds for the claim and
financial condition of both Order
 With affidavits, deposition  Provisionally determine the facts and take into
 Other authentic docs consideration the probable outcome
 Who?  The court shall fix the amount that shall be
o ANY PARTY provisionally paid. Taking into account
o the necessities of the applicant
Is the amount final? o the resources of the adverse party
 No, it is subject to the changing o the tgerms of payment or mode of
circumstances of the party providing support
 It lies with the discretion of the court  If the application is denied the main case shall
be decided ASAP.
May the appellate court grant support when the trial
court has refused? Factors in determining support
 Yes, Ramos v. CA, 45 SCRA 604  Sec 2 Spousal Support
o Absolute Community or Conjugal
What is the response of the Defendant? Partnership
 A “Verified Comment” that should be attached o Court may award based on their
with docs within 5 days after receipt standard of living
o Other factors:
When is hearing set?  WON they are the custodian of
 Within 3 days after filing of comment or the child
expiration of the period for filing.  The time needed to acquire
appropriate employment
How is it proved?  Duration of the marriage
 The same way as the evidence for motions  Comparative financial
resources
Is it necessary to require the parties to go fully into  Needs and obligation of each
the merits?  Services of each in the
 No. It is not of course necessary to go fully marriage
into the merits of the case, it being sufficient  Age and health
that the court ascertain the kind and amount  Physical and mental health
of evidence which it may deem sufficient to  Ability to give support
enable it to justly resolve the application, one  Other equitable factors
way or the other, in view of the mere  Sec 3 Child Support
provisional character of the resolution to be o The financial sources of custodian and
entered. Ramos v. Court of Appeals, 45 non-custodian parent
SCRA 604 o Physical and emotional health
 But the defendant should be given the o Standard of living the child is
opportunity to prove his evidence. accustomed to
o Non-monetary contributions of the
What is the quantum of evidence? parents
 o Civil aspect not waived, reserved or
What does support mean? instituted separately
 Art. 194 of the Family code states, Support  Who can file successively?
comprises everything indispensable for o Offended party
sustenance, dwelling, clothing, medical o Parents
attendance, education and transportation, in o Grandparents
keeping with the financial capacity of the o Guardian
family. o State

Who are obliged to support each other?

 Art. 195.
1. The spouses;
2. Legitimate ascendants and
descendants;
3. Parents and their legitimate children
and the legitimate and illegitimate
children of the latter;
4. Parents and their illegitimate children
and the legitimate and illegitimate
children of the latter; and
5. Legitimate brothers and sisters,
whether of full or half-blood.
 Art 196. Brothers and sisters not legitimately
related, whether of the full or half-blood, are
likewise bound to support each other to the
full extent set forth in Article 194, except only
when the need for support of the brother or
sister, being of age, is due to a cause
imputable to the claimant's fault or
negligence.
Restitution
What if the court finally adjudge not liable?
 When the courts find that the one providing
for support is not liable thereof, it shall order
the applicant to return to the former the
amounts already paid with legal interest
from the dates of actual payment.
 The applicant may go after the person
actually liable.
 If the applicant fails to give back, the person
wrongfully charged to give support may go
after the person actually liable to give
support.
Rule 59
Receivership

Appointment of Receiver
Enforcement
What?
What happens to refusal?  Verified Application
 If adverse party fails to comply support, motu
proprio or upon request, issue an order of Who?
execution. AND contempt  That the applicant has an interest in the
 If another person complies with the Support property.
o He may, after due notice and hearing  That the property is in danger of being
o Obtain a Writ of Execution o Lost
 Note: the previous law qualified those who o Removed or
can be cited for contempt to have the means o Materially injured.
to support but refuises to pay, the new law Mortgage
erases that. 

Support in Criminal Cases

 What?
o Criminal case with Support as civil
liability