Beruflich Dokumente
Kultur Dokumente
When to apply?
Sec. 1a) at the commencement of the proper
action or proceeding.
b) anytime prior to the judgment or
final order.
Application/Comment
Application
When filed: Upon commencement of action or anytime
prior to the judgment or final order
Form: Must be verified
Content: (a) grounds for the claim; (b) financial
condition of the parties; (c) affidavits, depositions or
other authentic documents
Comment
When filed: Within 5 days from receipt of the
Application or such other period fixed by the court
Form: Must be verified
Content: (a) Grounds resisting the claim; and (b)
affidavits, depositions or other authentic documents in
support thereof.
Hearing
When conducted: Not more than 3
days after comment filed or after
expiration of the period for its filing.
Proof required: Facts must be proven
through affidavits and authentic
documents (evidence on motions).
Support pendente lite cannot be
issued ex-parte.
Enforcement
Section 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; issue an order of execution against him,
without prejudice to his liability for contempt. (6a)
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. (h)
Restitution
Section 7. Restitution. When the judgment or final
order of the court finds that the person who has been
providing support pendente 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 the person legally obliged to give the
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. (n)
Any other means allowed by the Rules of Court and special laws.
I hereby undertake to give and provide financial support in the amount of P1,500.00 every fifteen
and thirtieth day of each month for a total of P3,000.00 a month starting Aug. 15, 1999, to
Ahrbencel Ann Lopez, presently in the custody of her mother Araceli Lopez without the necessity
of demand, subject to adjustment later depending on the needs of the child and my income
NOT AN ADMISSION OF LEGITIMATE FILIATION.
Effect of Appeal
A judgment in a complaint for
acknowledgment as a natural child was
rendered in favor of the plaintiff. The putative
father appealed the judgment to the CA.
May support pendente lite be awarded in the
meantime?
Yes. There being at least prima facie evidence
of the childs right to support, the court acted
within its power and discretion. (Garcia vs CA,
GR No. L-14758, March 30, 1962)
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.
Evidence Required
There is prima facie proof of filiation as
shown by the following:
a) Constant communication with their grandfather
Francisco.
b) In letters of grandfather to the children he used
the surname Delgado
c) In one letter he extended financial help of US
$1,000
d) Federico, the father gave the twins a treat to
Hongkong.
(Mangonon vs. CA, G.R. No. 125041, June 30, 2006)
No Danger To Property In
this Case