ROMANO, Gerlianne Joy ROSE, Rossana

Title VIII SUPPORT

Support -comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation (Art 194, Family Code).

WHAT SUPPORT INCLUDES Food for sustenance Dwelling or shelter Medical attendance Education Transportation NOTE: Education of the person entitled to be supported shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority (Art 194, Family Code). REACHING AGE OF MAJORITY If a person is of age and no longer studies, he is still entitled to support unless there are just reasons for the extinguishment of the right. THE FOLLOWING ARE OBLIGED TO SUPPORT EACH OTHER 1. The spouses 2. Legitimate ascendants and descendants 3. Parents and their legitimate children and the legitimate and illegitimate children of the latter 4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter 5. Legitimate brothers and sisters, whether of full or half-blood A child inside a womb is already considered born thus entitled to all benefits that accrue to him/her provided that the child is born after

IN CONNECTION WITH: Art. 205: right to give or obtain support shall not be levied upon on attachment or execution. - Cannot be made to satisfy any judgment against the recipient. EXCEPTION: The excess beyond required for legal support in a will or contractual supports hall be subject to levy or execution (Contractual support is subject to adjustment whenever modification is necessary).

KINDS OF SUPPORT As to amount 1. Natural (bare necessities of life) 2. Civil (in accordance with financial standing) As to source of obligation 1. Legal (from provision of law) 2. Voluntary (from agreement or from provisions of a will) Special kind - Alimony pendent lite (pending litigation)

ROMANO, Gerlianne Joy ROSE, Rossana

NOTE: If the marriage is DENIED by the defendant, there can be no alimony pendent lite because the basis for the support is precisely in issue. If the marriage has been annulled, the obligation to support ends. BROTHERS AND SISTERS NOT LEGITIMATELY RELATED - bound to support each other to the full extent set forth in Article 194 EXCEPTION: When the need for support of the brother or sister, being of age, is due to a cause imputable to the claimants fault or negligence. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related: ONLY the separate property of the person obliged to give support shall be answerable. IF THERE IS NO SEPARATE PROPERATY: -absolute community assets or conjugal property will advance the support, but subject to reimbursement at the liquidation of the absolute community or the conjugal partnership.

NOTE: IF the legitimate descendants are the common children then ACP and CPG shall be principally charged. Support cant be taken from the childrens property unless there was no need or demand from recipient. (If this happens can forfeit bond made by guardian parent over property- Art. 225) DURING THE PROCEEDINGS FOR LEGAL SEPARATION OR FOR ANNULMENT OF MARRIAGE, AND FOR DECLARATION OF NULLITY OF MARRIAGE: Support pending litigation generally obtain from ACP or CPG In case of support between husband and wife where validity of marriage is in issue, aggrieved cannot be given support pendent elite by the other spouse (from his separate property) Legal separation or annulment: spouses shall be supported by ACP or CPG. AFTER THE FINAL JUDGEMENT After declaration of nullity or annulment no more obligation to support In legal separation support ceases unless guilty spouse is ordered to support innocent. If wife is adulterous it can be a defense in an action for support against separate property of the spouse but wife can still get support from ACP or CPG.

ROMANO, Gerlianne Joy ROSE, Rossana

WHEN 2 OR MORE PERSONS ARE OBLIGED TO GIVE SUPPORT, LIABLITY SHALL DEVOLVE UPON THE FOLLOWING IN THIS ORDER: 1. The spouse 2. The descendants in the nearest degree 3. The ascendants in the nearest degree 4. The brothers and sisters The list is in order of priority of who should support first. The others are not obliged to give support if those higher on the list are present If the liability to support falls on 2 people it will be divided between them in the proportion of their resources. But in case of urgency, the judge may order only one of them to give and then just get reimbursed from the other after. When there are two or more people claiming for support and the one obliged to give doesnt have enough, order will be followed EXCEPTION: When the one who needs support is a spouse and a child in which case the child shall be preferred (Wife is preferred when it is an illegitimate child). AMOUNT OF SUPPORT Shall be in proportion to the resources or means of the giver and the necessities of the recipient.

NOTE: Support can be increased or decreased depending on the needs of the recipient and the resources of the person obliged to give it. Judgment for support does not become final DEMANDING SUPPORT Demandable from the time person who has the right to receive it needs it (need for support is not presumed, must be established). No support given without judicial or extrajudicial demand. (Made within the first 5 years of every month) Demand is essential manifestation of needs. shows

EXAMPLE: On April 1, X needed support from his father. Since X is too proud, X doesnt ask.On July 1, X goes to his father and asks him for support. The father refuses. On Sept. 1, X files an action for support. On Oct. 1, the court renders judgment in favor of X. When is the father obliged to give support? July 1 since there was extrajudicial demand.

THE PERSON OBLIGED TO RENDER SUPPORT MAY FULFILL HIS OBLIGATION IN 2 WAYS AT HIS OPTION Paying the amount fixed Or by allowing the person to stay in the family dwelling unless there is a legal or

ROMANO, Gerlianne Joy ROSE, Rossana

moral obstacle (usually refers to illegitimate children who are generally not allowed to get from ACP or CPG). CHARACTERISTICS OF THE OPTION 1. The option is not absolute (that is, he cannot choose to keep the recipient in his house if there is a moral or legal obstacle thereto.) 2. The option may be waived WHEN OBLIGATION TO GIVE SUPPORT CEASES Upon the death of the recipient When the resources if the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such way that he has no longer needs the allowance of his subsistence When the recipient, be he a forced heir or not, has committed some acts which give rise to disinheritance When the recipient is a descendant, brother or sister of the obligator and the need for support is caused by his or her bad conduct or by lack of application to work, so long as this cause subsists

necessary for ones survival, i.e., instinct of self-preservation. ARTICLE 206 REQUISITES There is a need to be supported and without knowledge of person obliged to give support it is given by another, he can reimburse unless he has no intention of being reimbursed. If person obliged to give support unjustly refuses a third person can give it with right of reimbursement. NOTE: Culled from Art. 2164 of the Civil Code on Quasi-Contracts, Art. 206 is based on the principle that no one shall unjustly enrich himself at the expense of another ARTICLE 207 REQUISITES Urgent need to be supported on the part of the recipient The person obliged to support unjustly refuses or fails to give support. Third person furnishes the support to the needy individual *If all are present 3rd person shall have right to reimbursement. NOTE: Taken from Article 2166 of the Civil Code on Quasi-Contracts also on the principle against unjust enrichment, legal restrictions on the application or extent of Article 207 are indicated.

NOTE: Exemption from attachment or execution is justified by reason of sound public policy. This is because support is

ROMANO, Gerlianne Joy ROSE, Rossana

IN CASE OF CONTRACTUAL SUPPORT OR THAT GIVEN BY WILL - the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. Contractual support is subject to adjustment whenever any modification is needed owing to changes of circumstances manifestly beyond the parties contemplation. Thus, this happenstance may come about upon the recipients improvement of his financial capability while the opposite is being experienced by the giver in a reversal of fortune. Excess amount beyond that required for legal support is subject to levy on attachment or execution. This holds true in two situations: in case of contractual support OR that given by will.