PROVISONAL REMEDIES SUPPORT PENDENTE LITE

PROVISIONAL
REMEDIES
SUPPORT PENDENTE
LITE

CIVIL PROCEDURE REPORT GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Nature of Receivership
Support Pendente Lite is an amount of support provisionally fixed
by the court in favor of the person entitled thereto during the
pendency of an action for support.
Art 198 of Family Code declares that during the proceedings for
legal separation or annulment, the spouses and their children shall
be supported from the properties of the absolute community or
the conjugal partnership.
Art203 of Family Code provides that Support may be claimed in
accordance with the Rules of Court.

CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Who may ask for support

Sec1 Rule 61 provides that any party, not only plaintiff, as long as
there are legal grounds may apply for support pendente lite.

It may be applied for at the commencement of the proper action

or proceeding, or at any time prior judgment or final order.

CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Procedure for application

A verified application shall be filed stating the grounds for claim,
and financial conditions of both parties (Sec1, Rule 61).
The adverse party shall be asked to comment on the application
within 5 days from service (sec2, Rule61).
After the comment is filed, the application is set for hearing not
more than 3 days (Sec3, Rule 61)
If application is granted, the court shall fix the amount of money
to be provisionally paid or such other forms of support (Sec4,
Rule 61)
If denied, the principal case shall be tried and decided as early as
possible (Sec4,Rule61)
CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Sample Question
VX and her son, Mario, are plaintiffs in a case against WX for
support. A month after the filing of her complaint, plaintiffs asked
the court for support pendete lite. WX opposes the petition on the
ground that Mario is not his son but the son of VX on adulterous
relationship. WX asks that he be given an opportunity to prove
his defense. The court, ruling that his defense is a matter of the
main case, denies WX the opportunity to prove his defense at that
stage of the case and grants support pendente lite. IS thegranting
correct?

CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Support in Criminal Cases

In criminal cases, the accused may be ordered to provide support
pendente lite to the child born to the offended party allegedly
because of the crime (Sec 6, Rule 61)
The application may be filed successively by the offended party,
her parents, grandparents, or guardian and the State in the
criminal cases during its pendency (Sec6, Rule61)

CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Adultery as defense
Adultery of wife is a defense for support however it must be
established by competent evidence. Mere allegation of adultery
will not bar the right to receive support.

CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Enforcement of order
The adverse party has to comply with the order to give support. If he
does not, an order of execution shall be issued by the court against
him either motu proprio or upon motion. He may be liable for
contempt (Sec5Rule 61)
Note that while an order for support is merely interlocutory and not
a final order, the order is subject to issuance of an order of an
execution when the person ordered to give refuses or fails to do so
(Sec5 Rule61)
Even third person may obtain a writ of execution provided that(a)
there is due notice and hearing (b) that the third person furnished the
support to the applicant because of the refusal by the person ordered
to give support (Sec5, Rule 61)
CIVIL PROCEDURE GROUP 4

PROVISIONAL REMEDIES SUPPORT

PENDENTE LITE

Restitution
When the judgment finds that the person giving support is not
liable, the court shall order the recipient to make a restitution of
what has been received with legal interest from the date of actual
payment. Should the recipient fail to do so, the person who gave
the support may file an acion against the person legally obliged to
give such support (Sec7, Rule 61).

CIVIL PROCEDURE GROUP 4