Sie sind auf Seite 1von 23

Rule 61


What is a Support Pendente

It is an amount adjudicated by the trial
court during the pendency of an action
for support upon application at the
commencement of the action or at
anytime afterwards. (117 SCRA 929)
It is a provisional remedy which grants a person
an amount enough for his sustenance, dwelling,
clothing, medical attendance, education and
transportation while an action is pending in

Coverage of a Support Pendente

As enumerated in Article 194 of the Family
Code of the Philippines, the following are the
coverage for support:
1) Sustenance
2) Dwelling
3) Clothing
4) Medical Attendance
5) Education
6) Transportation in keeping with the financial
capacity of families.

When to apply?
Sec. 1a) at the commencement of the proper
action or proceeding.
b) anytime prior to the judgment or
final order.

What are the requirements?

Sec. 1a) Application for support pendente lite.
b) Statement of the grounds for claim.
c) Statement of the financial condition of
both parties, accompanied by affidavits,
depositions or other authentic documents.
****FORM: Must be Verified

Mangoma vs. Macadeg

GR. No. L-5153
Facts: Husband has not been given an opportunity to
adduce evidence of the defenses he has set up against
the motion for support pendente lite, among which is
adultery. After the wife had presented her evidence and
before the hearing on the motion was completed, the
trial judge ordered payment of alimony pendente lite.
There is nothing to show that the husband has resorted
to dilatory tactics in the presentation of his evidence.
Held: There is no other alternative than to remand this
case to the lower court in order that immediate steps
may be taken relative to the reception of husbands
evidence in support of his opposition to the grant of
support pendente lite. It is not necessary to go fully into
the merits of the case, in view of the merely provisional

Service of Application and

Sec. 2- A service of the application and
all supporting documents is required to
be served upon the adverse party, who
shall have 5 days to comment thereon.
UNLESS, different period is fixed by the

What are the requirements in the

filing of the comment?
Sec. 2 As to form: It must be verified.
As to contents: It must be
accompanied by affidavits,
depositions or other supporting
documents; It contains grounds
resisting the claim.

Francisco vs. Zandueta

GR No. L-43794
Facts: Private respondent through his natural mother and guardian ad
litem instituted an action for support against petitioner. It is alleged that
private respondent is the acknowledged son of Petitioner and as such
is entitled to support. The petitioner answered by a general denial of
each and every material allegation contained in the complaint and as a
special defense alleged that he never acknowledged respondent.
Despite denial of paternity, trial judged ordered petitioner to support
Held: The fact from which the right to support arises has not been
established, the court cannot grant support pendente lite. His alleged
civil status being in litigation, which is the sonship being denied and
from which the right to support is derived, being in issue, it is apparent
that no effect can be given to such a claim until an authoritative
declaration has been made as to the existence of the cause

When conducted?
1) After the comment is filed; or
2) After the expiration of the period for its filing.
***It shall be set for hearing not more than 3 days.
Proof required: Facts must be proven through affidavits
and authentic documents (evidence on motions).

Determination of Probable Outcome

The court shall:
1) Determine provisionally the pertinent facts;
2) Shall render such orders as justice and equity
may require, having the regard to the
probable outcome of the case and such other
circumstances as may aid in the proper
resolution of the question involved.
Based on the evidence, the court makes a determination if
the applicant has a right to support.

Actions on the Application

Sec. 4If the application is granted, the judge shall fix
the amount of money to be provisionally paid
and such other forms of support. Hence,
immediately executory.
If the application is denied, the principal case
shall be tried and decided as early as possible.
***The amount fixed is only provisional and can
be modified depending on the changing
conditions affecting the ability of the obligor to
pay the amount fixed for support. (San Juan vs
Valenzuela, GR No. L-59906)

Ma. Carmina Calderon represented by her Attorney

in fact vs. Antonio Roxas and CA
GR. No. 185595 Jan. 9, 2013

The orders relative to the incident of

support were issued pending the rendition
of the decision of the main action for
declaration of nullity of marriage and are
therefore interlocutory. They did not finally
dispose of the case nor did they consist of
a final adjudication of the Petitioners claims
as to the ground of psychological incapacity
and other incidents as child custody and
conjugal assets.

If the respondent fails to comply, the court
shall motu propio or upon motion:
Sec. 51) Issue an order of execution against him;
2) Contempt
***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.

Support in Criminal Cases

Can a support be awarded in criminal
Yes. Sec. 6- 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
and instituted prior to its filing, the accused
may be ordered to provide support pendente
lite to the child born to the offended party
allegedly because of the crime.

Who may file application for Support

Pendente Lite?
The application therefore may be filed
successively by:
1) The offended party;
2) Her parents;
3) Grandparents; or
4) Guardian; and
5) The State in the corresponding criminal
case during its pendency, in accordance with
the procedure established under this Rule.

What are the effects in case the person was found not liable to
give support?
Sec. 7 The court:
1) Shall order the recipient thereof to return to the former the
amounts already paid with legal interest from the dates of
actual payment;
2) Without prejudice to the right of the recipient to obtain
reimbursement in a separate action from the person legally
obliged to give the support;
3) 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.

Judgments For Support

Section 4, Rule 39, of the Rules of Court
clearly states that, unless ordered by the
trial court, judgments in actions for support
are immediately executory and cannot be
stayed by an appeal. This is an exception to
the general rule which provides that the
taking of an appeal stays the execution of
the judgment and that advance executions
will only be allowed if there are urgent
reasons therefor. (Gan vs. Reyes, G.R.
No. 145527 May 28, 2002)

Can Support Pendente Lite be awarded while

the case is on appeal? (Garcia vs. CA, G.R.No.
L-14758, March 30, 1962)

FACTS: A minor, assisted by his mother filed a suit for

acknowledgement as a natural child. The minor won in
the lower court. The respondent appealed to the CA.
Upon motion of the minor, the lower court awarded
support pendente lite while the case is on appeal.
HELD: Although the decision has not yet become final
and executory, still as the confirmation of the order of
recognition may be said to relate back to the date of
the original decision. It lies within the discretion of the
trial court to direct the father to give support pending
appeal. It would be a travesty of justice to refuse him
support until the decision is sustained on appeal there
being prima facie evidence of his right to support.


G.R. No. 181258 March 18, 2010
Laws, Rules and Establishing Filiation
The relevant provisions of the Family Code provide as follows:
ART. 175. Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
ART. 172. The filiation of legitimate children is established by any of the
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved

The open and continuous possession of the status of a legitimate child; or

Any other means allowed by the Rules of Court and special laws.

Adultery: Defense Against Actions

For Support
Adultery on the part of the wife is a valid
defense against an action for support.
(Quintana vs. Lerma, 24 Phil 285)
The court must conduct a hearing and
allow the parties to present their respective
evidences on the allegation of adultery.

Adultery Must Not Only Be

Alleged But Also Proved
The wife asked for support pendente lite for herself
and her 3 children. The husband opposed alleging
The application for support pendente lite was set for
hearing and submitted for resolution on the basis of
the pleadings and the documents attached thereto by
the parties.
The adultery of the wife must be established by
competent evidence. Here, the husband failed to
submit proof of adultery. Mere allegation of adultery
will bar the award of support pendente lite.
(Reyes vs. Hon. Luciano, GR No. L-48219, Feb. 28, 1979)

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.
(Mangonon vs CA, June 30, 2006, GR No. 125041)