Javier vs.

Lucero 94 Phil 634

QUISUMBING, J. :

Facts:

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Salud Arca, respondent and Alfredo Javier, defendant had

their marriage solemnized at the MTC of Manila. At the time
of their marriage, they had already begotten a son named
Alfredo Javier Jr. Alfredo Javier left for US on board a ship of
US Navy, for he was an enlisted man in the US Navy.
Because of defendants departure, respondent chose to live
with defendants parents but left due to frictions having
occurred between them. She then stayed to her native place
in Tanza, Cavite. With the events transpired, the relationship
of the spouses become strained and with that Alfredo Javier
filed an action for divorce against Salud Arca at Alabama,
USA. Having received the complaint, respondent averred
that defendant was not a resident of Alabama but a resident
of Naic, Cavite. She also professed that the cause of their
separation was not
of desertion on her part but of the defendant. And that since
his departure to US Navy, he had always supported his
spouse and his son through allotments by US Navy
Department of US Government. Through these she prayed
that the complaint be dismissed.
Issue:

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Whether or not the defendant is still obliged to support his

son
even if he reaches the age of majority.
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Ruling:

Unquestionably, Alfredo Javier, Jr. is the son of petitioner

Alfred Javier, and if financial assistance is to be rendered
only at the termination of the appeal his education, or the
completion thereof, would be unduly delayed. That is good
reason for immediate execution. Support also includes the
education of the person to be supported "until he complete
his education or training for some profession, trade or
vocation even beyond the age of majority" and on the basis
of this article support was granted to Alfredo Javier Jr.