Q @ ' ANS. Support is anything that is indispensable for sustenance, @. AN Q _ Rule6i ‘SUPPORT PENDENTE LITE ». When may support pendente lite be applied for? ‘ANS: It may be applied for by the plaintiff at the commencement of the action, or at anytime afterwards, but prior to final judgment. (Sec. 1, Rule 61), The complaint must be verified. What is support? dwelling, clothing and medical attendance, according to the social position of the family. It also includes education of the person entitled to be supported until he completes his education or training for some profession, trade, vocation, even beyond the age. of majority. (Versoza vs. Versoza, 26 “SCRA 28 [1968]). + * re? What is support pendente lite? It is an allowance made to the wife or family. for her/their ‘intenance during the pendency of an action, What should the application for support pendente lite + BtabePer on cog oan nt A ‘ ANS. should state the grounds as well as the financial conditions Q of both “parties and shall be accompanied by affidavits, f Positions, or other authentic documents in support thereof. Within what time shall the-defendant in an action for "Upport file his comment to the application? 2 ie shal Ale his comment within five (5) days after service -s/€ @pplication and all supporting documents, unless aREMEDIALLAW REVIEWER rae different period js fixed by the court on motion. The comment shall be verified. (Sec. ) : State the form of the comment in an application for support pendente lite. The comment shall be verified and. accompanied by affidavits, depositions, or other authentic documents supporting the same. (Sec. 2). the defendant in an action for What is the effect if A 7 ic pendente lite denies the right of support with support. the plaintiff? : The court cannot grant support pendente lite. Likewise, ifthe existence of the fact upon. which the right to support depends is put in issue by the pleadings, it cannot be presumed to exist for the purpose of granting alimony. (Yangco vs. Rhode, 1 Phil. 404; Francisco vs. Zandiela, 61 Phil. 752). How shall the court determine ‘pertinent facts as bases for support pendente lite? ; To determine the pertinent facts, there is no need of receiving oral testimony. It is enough that the facts be established by affidavits or other documentary, evidence. (Salazar v8. Salazar, L-5823, April 29, 1953)... #2 0-/.°% What shalt eae ct ‘do'if the defendant denies bis wil e phi vendente tite? plaintiff in a case of support : cf. canna The court should not dismiss the case out ht ont , on the mere ao the defendant of the allegation of relationship of 5, Rules cf Court which it would be violating Rule 61, See. Saea Ea ich ordains it to determine provisionally Dieen CAG oA ionship of the parties. (de Guzman vs. 53" , -R. No. 36330-R, January 19, 1966). What is a good defense in an action fo at is a good defense in an action for support? Adultery ofthe wifei vs. Leriwa, Be pies agood defense to such action. (Quinta”? the child, auch a deen Lerma vs. CA, 61 SCRA 440) As to fruit of such ae is valid. Proof that the child is uNerous relationship must be show?» forRule 61 CIVIL PROCEDURE a Support Pendente Lite +” that case, it would not be the child of the defendant, hence, would not be entitled to support. (Sanchez vs. Zulueta, 68 Phil. 110; Mangoma vs. Macadaeg, 90 Phil. 508; Olayvar vs. vajt> | Olayvar, 98 Phil. 52). : : Is the invalidity of a marriage a defense in support? _ Why? Yes, since the marriage relation imposes upon the spouses {;/ + ,the, mutual obligation to support, the cessation of marriage \ :Felations, will necessarily terminate such obligation of jae |:, Support. (Mendoza vs. Parungao, 49 Phil. 271). The invalidity - “of the marriage is a defense against an action for support, although support pendente lite may still be achieved during . ¢» » the proceedings for annulment of marriage. | Suppose the, husband hag repeated illicit relations with another woman, can she live separately from him and be entitled to support? Why? Yes. Repeated illicit’ relations ‘with women outside the marital homé is sufficient to entitle the wife to maintain @ separate home’ and to have separate support. The law is .,not, 80 unreasonable as to require a wife to live in marital ‘relation with a husband whose Propensity towards women makes common habitation with him unbearable. (Villanueva <*"-"-yg- Villanueva, 4 Phil. 9). "4° Q.°5"“ When shall an application for support be heard? ANS. After the comment is filed, or after the expiration of the Period of its filing, the application shall be set for hearing not . More than three (3) days thereafter. The facts in issue shall =~ be proved in the samé manner as is Provided for evidence on «|, Motions. (Sec. 3)..93 i+ + ‘ Q What shall be’ the bases for the granting of su Pendente lite? 'pport applicant; 0’ b+ - © + (2) The resources or means of the adverse party? and740 REMEDIAL LAW REVIEWER: Rule 61 If denied, the principal case shall be tried and decided as early as possible. (Sec. 4). i ho giv is the remedy of a third person w! ves Sport pendente lite against one who refuses to give it? When the person orde: or fails to do so, any thi to the ‘applicant may, same case, obtain a writ reimbursement against the person orde support. (Sec. 5). ’ red to give support, pendente lite refuses ird person who furnished that support after due notice and hearing in the of execution to enforce his right of red to provide such X raped Y who became pregnant and later on gave birth to a child named Z. She sued X for rape. May Y move that X be ordered to support Z pendente lite? Why? . Yes, In criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived, reserved or instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime. The application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule. (Sec. 6).: : How shall the order be enforced? ” If the adverse partly fails to comply with an order granting support pondonto lite, the court shall, motu proprio or upon motion, issue an order of execution against him, withou! prejudice to his liability for contempt. (Sec. 5). What is the remedy of one te Poa who gave support pende” lite if there is a fi Pane not liable therefor? ft Sudgment adjudging bin When the judgment or final order of the court finds that #2? ae ho has been providing support pendente lite ia not therefor, it shall order the recipient thereof toretu™E TAL Rule 61 CIVIL PROCEDURE Support Pendente Lite the former the amounts already paid with legal interest from the 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 the support. 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. (Sec. 7).(n) © Ace saat: 5 ay Z Q What is the effect if despite the order of the court granting support pendente lite, the defendant refuses to give it? . Cor ohse wit . .The disobedience. to an order granting support pendente lite constitutes contempt of court. (Mendoza vs. Parungao, ~+ 41 Phil, 271; Perkins vs; Perkins, 57.Phil. 223; Hashim vs. ‘Concepcion, 42 Phil. 694). Before. he may be punished for contempt, however, he must first be given the opportunity "ih eto show cause why he should not be punished for contempt,