Rule 61 - SUPPORT PENDENTE LITE (SPL) Sec. 1. Application.

At the commencement of the proper action or proceeding, or at any time prior to the judgement or final order, a verified application for support pendent lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, depositions or other authentic documents in support thereof.

What if the defendant denies his relationship with the plaintiff? The court should not dismiss the case outright on the mere denial by the defendant of the allegation of relationship of marriage, for otherwise, it would be violating Rule 61, Sec. 5 of the Rules of Court which ordains it to determine provisionally the issue of relationship of the parties. (De Guzman vs San Diego (1966))

Support pendent lite is an amount adjudicated by the trial court during the pendency of an action for support upon application by the plaintiff at the commencement of the proper action or at anytime afterwards. It is classified as a provisional remedy rendered by the court as equity and justice may acquire. There must be a statement of grounds of right to support to avail the remedy of support Pendente Lite. (Coquia et. al. v. Baltazar) In cases for declaration of absolute nullity of void marriage or for annulment of voidable marriage or legal separation and, in criminal cases Spousal or child support may likewise be granted. The amount of support pendente lite is not final in character in the sense that it can be the subject of modification, depending on the changing conditions affecting the ability of the obligor to pay the amount fized for support. (San Juan vs. Valenzuela) It is within the discretion of the trial court to direct the father to give support pending appeal. (Ramos vs. CA) o But if the appeal is already perfected trial court loses jurisdiction to issue execution of judgement for support. (Vasco v. CA) An appellate court may grant alimony pendente lite even if the trial court refused to grant the same. (Ramos v. CA)

Sec. 3. Hearing 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. The application shall be set for hearing in a period of not more three days from the filing of the comment or expiration of the period for filing. Defendant allowed to prove defense o After the answer is received by the Court or after the expiration of the time for filing an answer, a day will be set for the hearing of the application, whereby the defendant is afforded the opportunity to prove his case. (Sanchez v. Zulueta) o It is not necessary to require the parties to go fully into the merits of the case. o It is sufficient for the court to ascertain the kind and amount of evidence deemed sufficient to enable it to justly resolve the application one way or the other, considering the provisional character of the resolution to be entered. (Reyes v. InesLuciano) o However, if the adverse party denies the status or juridical relation alleged by the applicant as ground for his right to support = the evidence therein shall be clear and satisfactory as the lack of proof thereon would render an order granting support pendent lite as having been issued in excess of jurisdiction.

What is support? Support is anything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family. It also includes education of the person entitled to be supported until he completes his education or training for some profession, trade, vocation, even beyond the age of majority. (Versoza vs. Versoza (1968)) What is support pendent lite? It is an allowance made to the wife or family for her/their maintenance during the pendency of an action.

Is the invalidity of a marriage a defense in support? Yes, since the marriage relation imposes upon the spouses the mutual obligation to support, the cessation of marriage relations will necessarily terminate such obligation for support. (Mendoza vs. Parungao) Although SPL may still be achieved during the proceedings for annulment of marriage.

Sec. 2. Comment. A copy of the application and all supporting documents shall be served upon the adverse party, who shall have five (5) days to comment thereon 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.
What is the effect if the defendant in an action for SPL denies the right of the plaintiff? - The court cannot grant the SPL. Likewise, if the existence of the fact upon which the right to support depends is put in issue by the pleadings, it cannot be presumed to exist for the purpose of granting alimony. (Salazar vs. Salazar (1953))

Adultery as Valid Defense o Adultery on the part if the wife is a valid defense against an action for support. o Consequently, as to the child, it is also a defense that it is the fruit of such adulterous relations. o This defense should be established, and not merely alleged, it would be unavailing if proof thereof is not permitted. remedy is certiorari. an order of the court denying an application for SPL is not final in character. (San Juan v. Valenzuela) it is considered interlocutory and non-appealable. As it is not appealable, the remedy therefore is an original action for certiorari to annul the order of denial.

1. If an application for support pendent lite is denied, the

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Where the judge dismissed an action for support on account of the absence of petitioner and her child in court, the SC declared that the said dismissal of a petition for SPL without any lawful ground or reason for so doing amounts to an excess of jurisdiction and abuse of discretion on the part of the respondent court. (Samson v. Yatco) Non-appealability of the order may be waived by failure to object. (Salazar v. Salazar) Affidavits to prove amount sufficient o In determining the amount to be awarded as SPL, mere affidavits may satisfy the court to pass upon the application. It is enough that the facts be established by affidavits or other documentary evidence appearing in the record. (Reyes v. InesLuciano)

earning abilities in the labor market; (5) the needs and obligations of each spouse; (6) the contribution 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 emotional 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 the court may deem just and equitable. (d) The Family Court may direct the deduction of the provisional support from the salary of the spouse. Sec. 3. Child Support. - The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership. Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. In determining the amount of provisional support, the court may likewise 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 or her special needs and aptitudes; (3) the standard of living the child has been accustomed to; (4) the nonmonetary contributions that the parents will make toward the care and well-being of the child, The Family Court may direct the deduction of the provisional support from the salary of the parent.

Sec. 4. Order The court shall determine provisionally the pertinent facts, and shall render such 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. If the application is granted, the court shall fiz 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. If the application is denied, the principal case shall be tried and decided as early as possible. the support granted may be in money or other forms of support in accordance with Art. 194 of the Family Code.

What are the bases for the granting of SPL? - They are: 1. The necessities of the applicant; 2. The resources or means of the adverse party; and 3. The terms of payment or mode for providing the support. If denied, the principal case shall be tried and decided as early as possible. (Sec. 4)

Factors in determining support Rules (A.M. No. 02-11-12-SC)

Sec. 5. Enforcement of order. If the adverse party fails to comply with an order granting support pendente lite, the court shall, motu proprio or upon motion, issues an order of execution against him, without prejudice to his liability for contempt. When the person ordered to give support pendente lite refuses or fails to do so, 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. Sec. 6. Support in criminal cases. In criminal actions 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 or instituted prior to its filing, the accused may be ordered to provide support pendent lite to the child born to the offended party allegedly because of the crime. The application therefor may be filed successively by the offended party, her parents, her grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule. Sec. 7. Restitution. When the judgment or final order of the court finds that the person who has been providing support pendent lite is not liable therefor, it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment, without prejudice to the right of the recipient to obtain reimbursement in a separate action from

Sec. 2. Spousal Support. - In determining support for the spouses, the court may be guided by the following rules: (a) 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. (b) 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. (c) The court may likewise consider the following factors: (1) whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that 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

the person legally obliged to give support. 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. When the judgment or final order of the court finds that the person who has been providing SPL is not liable therefor, the Court: a. shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment. b. This is without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliges to give the support. c. Should the recipient fail to reimburse said amounts, the person who provided thru same may likewise seek reimbursement thereof in a separate action from the person legally obliges to give such support.

Examination of debtor under Section 38, Rule 39 to determine the financial condition of the defendant is permitted. (Heashim vs. Concepcion)
What is the effect if despite the order of the court granting SPL, the defendant refuses to give it? The disobedience to an order granting SPL constitutes contempt of court. Before he may be given the opportunity to show cause why he should not be punished for contempt, however, he must first show cause why he should not be punished for contempt.

RULE 62 INTERPLEADER Sec. 1. When interpleader proper. Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. a.

f.

g. 1.

Purpose of remedy to afford protection against double vexation in respect to one liability There must be conflicting claims against the plaintiff interpleader. (Vda. De Camilo vs. Arcamo) Cases where interpleader was held improper An action filed by the plaintiffs to resolve by interpleader a breach of contract between two corporations with regard to the management, administration and ownership of Project 4 which does not affect the plaintiffs as residents of Project 4 = improper as there were no conflicting claims made against the plaintiffs. An interpleader is no longer available to a person who has become independently liable to any of the claimants by virtue of a judgment. o an interpleader should have been filed within a reasonable time after a dispute has arisen without waiting to be sued by either of the contending claimants. Otherwise, he may be barred by laches or undue delay. But where he acts with reasonable diligence in view of the environmental circumstances, the remedy is not barred. When an action of interpleader is filed after judgment has been rendered against him by one of the contending claimants = action or interpleader is improper Where the Corporation had already been made independently liable in a civil case and therefore, its application for interpleader would in effect be a collateral attack upon the final judgment in the civil cases. Interpleader as proper remedy in search warrat cases

Concept the action of interpleader is a remedy whereby a person who has property whether personal or real, in his possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to court and asks that the persons who claim the said property or who or who consider themselves entitled to demand compliance with the obligation, be required to litigate among themselves, in order to determine finally who is entitled to one or the other thing. The remedy is afforded not to protect a person against a double liability but to protect him against double vexation in respect of one liability. When the court order that the claimants litigate among themselves, there arises in reality a new action and the former are styled interpleaders, and in such a case the pleading which initiates the action is called a complaint interpleader and not a cross-complaint. This remedy is available regardless of the nature of the subject matter of the controversy which may either be real or personal property.

2.

b.

c. 1.

Jurisdiction in Interpleader case An interpleader to determine the ownership of real property is a real action = RTC - it sought to resolve the ownership of the land and was not directed against the personal liability of any particular person. Therefore, it was a real action, because it affected title to or possession of real property. 2. If it is a real action jurisdiction would depend on the value of the property = MTC when the amount involved is within their jurisdiction (Makati vs. Tanjuatco) d. Requisites 1. The plaintiff claims no interest in the subject matter or his clim thereto is not disputes; 2. There must be at least two or more conflicting claimants; 3. The parties to be interpleaded must make effective claims; 4. The subject matter must be one and the same. e.

h.

Sec. 2. Order. Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another. If the interests of justice so require, the court may direct in such order that the subject matter be paid or delivered to the court. there must be an order requiring the defendants to litigate between themselves

Sec. 3. Summons. Summons shall be served upon the conflicting claimants, together with a copy of the complaint and order. Sec. 4. Motion to dismiss. Within the time for filing an answer, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 16. The period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. A new provision.

Essence of Interpleader Aside from the disavowal of the interest in the property in litigation on the part of the petitioner, is the deposit of the property or funds in controversy with the court. It is a rule founded on justice and equity: That the plaintiff may not continue to benefit from the property or funds in litigation during the pendency of the suit at the expense of whoever will ultimately be decided as entitled thereto. (Eternal Gardens vs. IAC)

Motion to dismiss on the ground of impropriety of interpleader action or on other appropriate grounds specified in Rule 16.

the Rules, the court shall proceed to determine their respective rights and adjudicate their several claims. this rule contemplates of a Pre-trial in accordance with the rules.

Section 16. Grounds. Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party; (b) That the court has no jurisdiction over the subject matter of the claim; (c) That venue is improperly laid; (d) That the plaintiff has no legal capacity to sue; (e) That there is another action pending between the same parties for the same cause; (f) That the cause of action is barred by a prior judgment or by the statute of limitations; (g) That the pleading asserting the claim states no cause of action; (h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and (j) That a condition precedent for filing the claim has not been complied with.

Sec. 7. Docket and other lawful fees, costs and litigation expenses as liens. The docket and other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and litigation expenses, shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise. In addition to the costs, the docket and other lawful fees, as well as reasonable expenses of litigation are now a lien or charge upon the subject matter.
Procedure in Interpleader: 1. When the complaint is filed, the court shall require the conflicting claimants to interplead with another (Sec. 2); 2. The court may commad that the subject matter be paid or delivered to the court (Sec. 2); 3. Summons shall be served upon the conflicting claimants (Sec. 3); 4. The conflicting claimants shall answer within 15 days after receipt of summons, otherwise one who does not answer shall be barred (Sec. 4); 5. The court will determine their claims (Sec. 5); 6. Docket and other lawful fees, costs and litigation expenses shall constitute a lien or charge upon the subject matter of the proceeding unless the court otherwise provides. (Sec. 7).

Notes: A.

The period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than 5 days in any event, reckoned from notice of denial.

Sec. 5. Answer and other pleadings. Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules. If any claimant fails to plead within the time herein fixed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints and responsive pleadings thereto, as provided by these Rules.

B.

Requisites for an interpleader to prosper: 1. The plaintiff must not claim interest in the subject matter or that his claim is not disputed; 2. There must be at least two or more conflicting claimants; 3. The parties impleaded must make effective claims; 4. The subject matter must be one and the same. Q: if there is a pending interpleader case filed before a replevin suit, may the court taking cognizance of the replevin case effect the seizure of the vehicle subject of the suit? Why? A: No. A court taking cognizance of a replevin case cannot effect seizure of subject vehicle unless clear right to possession has been established and determined in an interpleader case filed prior thereto and pending before the court of co-equal and coordinate jurisdiction. To give recognition to an alleged right of possession of a party despite notice of an earlier interpleader case pending, amounts to manifest gross abuse of discretion and glaring disregard of respect and comity due to a co-equal court. (Sanpiro Finance Corp. v. IAC, 220 S 537)

C.

If any claimant fails to plead within the time fixed herein, the court may, on motion, declare him in default. The court thereafter shall render judgment barring him (plaintiff/claimant) from from any claim in respect to the subject matter. The court in a complaint for interpleader shall determine the rights and obligations of the parties and adjudicate their respective claims. Such rights, obligations, and claims could only be adjudicated if put forward by the aggrieved party in assertion of his rights. The second paragraph of Sec. 5 was added to expressly authorize the additional pleadings and claims enumerated therein, in the interest of a complete adjudication of the controversy and its incidents. (Arreza vs. Diaz, 364 S 88)

Sec. 6. Determination. After the pleadings of the conflicting claimants have been filed, and pre-trial has been conducted in accordance with