SUPPORT PENDENTE LITE (Rule 61)

2.

Adverse party shall be asked to COMMENT on the

application
Within 5 days from service of copy of
application and supporting documents
The comment shall be verified and
accompanied by other supporting documents

3.

After comment is filed OR after expiration for its

filing, the application shall be SET FOR HEARING
Not more than 3 days thereafter
The facts in issue in the hearing shall be
proved in the same manner provided for
evidence on motions

4.

If the application is GRANTED:

Court shall fix the amount of money to be
provisionally paid OR other forms of
support
Taking account the:
o necessities of the applicant;
o resources of the adverse party;
o terms of payment or mode for
providing support
Not only giving of money is the mode of
support

5.

If the application is DENIED:

The principal case shall be TRIED and
DECIDED as early as possible

Nature of support pendente lite

It is an amount of support
Provisionally fixed by the court
In favor of the person/s entitled thereto
During the pendency of an action for support
The main action is usually for support while support pendente
lite is the provisional remedy.
BUT the main action for support is not the only basis for
seeking this remedy.
Art 198 of FC:
Proceedings for:
a. legal separation
b. annulment of marriage
c. declaration of nullity of marriage
The spouses and their children shall be
supported from the properties of the absolute
community or conjugal partnership
Sec 1 of Rules on Provisional Orders in family cases:
Upon receipt of a verified petition for declaration of absolute
nullity of void marriage or legal separation and any time
during the proceeding
The court (motu proprio or upon application under oath of any
parties, guardian or custodian) may issue provisional orders
and protection orders w/ or without hearing
The orders may be enforced immediately with or without a
bond and for period the court may deem necessary
The provisional orders mentioned therein includes spousal
support and child support of the same Rules.
In a certain case, temporary support was granted in an action
for habeas corpus where the father recognized the child as his
but has not given any support pending the fixing the amount of
support in another action for support
Who may ask for support pendente lite
It may be applied by ANY PARTY (not only the plaintiff)
As long as there are legal grounds to support the application
When to apply for support pendente lite
a. at the commencement of the proper action /
proceeding; OR
b. any time BEFORE the judgment or final order
Procedure for application for support pendente lite
1. VERIFIED application shall be FILE. It shall state:
a. grounds for the claim
b. financial condition of both parties
The application shall be accompanied by
ADO (Affidavits, depositions, other
documents in support thereof)
If the right to spuuport is put in issue in the
pleading or the fact from which to the right
to support arises has not been established =
court cannot grant support

Note:
The amount fixed in the order is only provisional.
It is not final in character and can be modified depending on
the changing condition regarding the ability of the obligor to
pay the amount fixed for support.
Support pendete lite 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
PROVIDED the civil aspect has not been:
a. waived
b. reserved; or
c. instituted prior to its filing
The application for support pendete lite may be filed
SUCCESSIVELY by the:
a. offended party;
b. her parents;
c. grandparents;
d. guardian
e. State
In the criminal case during its pendency
The application may be granted in rape cases
for offspring of the accused as consequence
of the rape