Rule 61 - (5/5) Support Pendente Lite

Question 1

Nature of SPL

Answer 1

a prov rem availed DURING pendency of action for support [or] other applicable principal action

• amount fixed is not final (xpn to immutability of judgment)
• final judgment may even rule that support need not actually given

Question 2

what are other **applicable principal actions where support pendente lite (SPL) may be availed of?

Answer 2

1. L.S.
2. Nullity of Marriage
3. Annulment of Marriage
4. Criminal cases (rape, seduction, others)

Question 3

WHEN

HOW

WHO may ask for SPL

Answer 3

R61 S1
[a]
commencement of action/proceeding or any time before final judgment

[b]
- verified application stating GROUNDS for the claim
- financial condition of both parties accompanied by affidavits, depositions, or other authentic documents in support thereof

[c]
filed by ANY party

Question 4

Gra filed case of DANM under Art. 36 of FC against his wife. Wife filed for SPL in favor of common child. Gra refused to give.

Gal, being the godfather and having pity gave 25k.

Later Gal filed a motion of writ of execution of properties against Gra

Gra contends that Gal has no legal standing/personality.

Decide

Answer 4

Gal has legal standing/personality.

R61 S5 - “…when the person ordered to give SPL refuse or fails to do so, any third person who furnished that support to the applicant may, after due notice & hearing [in the same] case obtain a writ of execution to enforce his right of reimbursement against the person ordred to give such support

Question 5

What is the procedure of the SPL?

Answer 5

1. Verified Application (VA)
2. AP required to file comment w/in 5 days from service of copy of VA
3. after filing comment [or] expiration of time filing thereof, application shall be set for HEARING not more than 3 days thereafter
4. if granted, court fixes amount
5. if denied, principal case shall be tried & decided as early as possible

TN: cannot be done ex parte

Question 6

Consequences of Defying the order

Answer 6

1. Contempt
2. Order of Execution

note
2 - properties be sold at a public auction

Question 7

What happens when the court finds through final judgment that the person providing SPL is actually not liable

Answer 7

court shall order the return of the amounts paid with legal interest from 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 support

ex.
A - giving support
B - recipient (child/mother)
C - person actually obliged to give support

A may demand restitution from that child and or the mother without prejudice on the part of the child to demand support from his true or bona fide father.

Question 8

A - giving support
B - recipient (child/mother)
C - person actually obliged to give support

what if restitution cannot be had because they have no means to pay? what is A’s remedy?

Answer 8

A can go after C, one who is actually entitled to give support demanding reimbursement in a separate action

Question 9

SPL in criminal cases

[a]
if the situation is of spousal rape, may there be spousal support for the child?

[b]
accused argues that he has not been convicted by final judgment and has rights like inncocent until proven guilty. rule

[c]
what percentage should a DNA test be in order that it be a basis to grant SPL?

[d]
accused admitted to the carnal knowledge but put up the defense that it was consensual. will DNA test be needed

[e]
remedy for person obliged to give SPL considering that he now has more obligation to pay for

Answer 9

[a]
Yes

[b]
No, the rules provide that being accused in such criminal cases is sufficient to be held liable for support pending the case

[c]
DNA is now basis in granting SPL if result is 99.9%

[d]
No

[e]
motion for reduction