Professional Documents
Culture Documents
When to apply?
Sec. 1a) at the commencement of the proper
action or proceeding.
b) anytime prior to the judgment or
final order.
Hearing
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).
ENFORCEMENT OF ORDER
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.
Restitution
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.
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)