RULE 61 - Support Pendente Lite COMPONENTS OF SUPPORT The support granted may be in money or other forms in accordance with

Article 194 of the Family Code, which provides as follows (all in keeping with the financial capacity of the family): a. Everything indispensable for sustenance; b. Dwelling; c. Clothing; d. Medical attendance; e. Education; and f. Transportation. PARTIES OBLIGED TO GIVE SUPPORT Article 195 of the Family Code provides that the following persons are obliged to give support: a. The spouses; b. Legitimate ascendants and descendants; c. Parents and their legitimate children and the illegitimate children of the latter; and d. Legitimate brothers and sisters, whether of full or half-blood. When - At the commencement of the proper action or proceeding - At any time prior to the judgment or final order How 1. 2. 3. 4. 5. 6. 7. File verified application for support pendente 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. A copy of the application and all supporting documents shall be served upon the adverse party Adverse party 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. 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 court shall determine provisionally the pertinent facts, and 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. If the application is granted, the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided If the application is denied, the principal case shall be tried and decided as early as possible.

Factors in granting the support 1. necessities of the applicant 2. resources or means of the adverse party 3. the terms of payment or mode for providing the support. Liability for failure to comply - the court shall, motu proprio or upon motion; issue an order of execution against him - liable for 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 Elements:

In criminal actions where the civil liability includes support for the offspring 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. The application therefor may be filed successively in the corresponding criminal case during its pendenc: 1. offended party, 2. parents, 3. grandparents 4. guardian 5. State Restitution - If not liable for pendente lite, 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 Saavedra v. Ibaez Estrada 56 Phil. 33 (1931) An order for support pendent elite is intended to be operative exclusively during the pendency of the litigation. Hence, the voluntary dismissal of the action by the plaintiff has the necessary effect of abrogating the order. Torres v. Hon. Teodoro Sr. 101 Phil. 422 (1957) Where the court ordered support pendente lite to be deposited each month, failure of the defendant to deposit for one month is a separate and distinct violation from a failure to deposit for another month. Convictions for indirect contempt for failure to deposit for separate months do not constitute double jeopardy. Mangoma v. Macadaeg 90 Phil. 508 (1952) Where the oppositor to an application for support pendente lite alleges sufficient ground to oppose support (eg. Adultery by wife), the oppositor should be given an opportunity to present evidence in support of his opposition. San Juan v. Valenzuela 117 SCRA 926 (1982) The trial courts order fixing the amount of support pendente lite is not final in character because it can be subjected to modification depending on the changing conditions affecting the liability of the obligor to pay the amount fixed for support. Special Civil Actions