08 July, 2021

Dear Mrs. Joy Mae C. Ilagan,

In your testimony, the father of your daughter works in Philippine Navy and you

prefer be sued in court instead of settling with you amicably. Article 195 (Sec. 4) of the

Family Code obliges parents to support their illegitimate children. Therefore, whether he

likes it or not, he is obliged to support you and your child. Unfortunately, since he is

unwilling to provide for your child, only the courts can compel him through a court order

to give financial support.

While it is true that litigation in courts may take time, our lawmakers are aware

that support is an urgent and immediate need. This is addressed by Article 203 of the

Family Code, which mentions that support pendente lite may be claimed under the

Revised Rules of Court.

The Revised Rules of Court provides for a provisional remedy called support

pendente lite. This is considered as a provisional remedy or a remedy sought by a party

while an action for support is still pending before the courts. This is available to a

plaintiff under Rule 61 of the Rules of Court. The plaintiff may, at the beginning or at any

time prior to judgment, file a verified petition for support pendente lite “stating the

grounds for the claim and financial conditions of both parties.” The petition for support
pendente lite must be supported by affidavits, depositions, and other relevant

documents.

Upon filing, the other party will be allowed to answer the application and the court

will hear the matter on support pendente lite. Afterwards, the court will determine

provisionally the pertinent facts and shall issue an order regarding the application. If the

application is granted, the court may fix the amount of support, which must be followed

by the parties while the main action for support is being heard.

We hope that we were able to enlighten you on the matter. Please be reminded

that this advice is based solely on the facts you have narrated and our appreciation of

the same

Sincerely yours,

Reynald L. Torres,
Sumbillo, Torres, Olisa Law Firm
123 Iznart Street, Iloilo City
Telephone No. 123-4567
Roll No. 345678
IBP No. 12345, 05/15/21, Iloilo, City
PTR No. 1234567, 05/15/21
Iloilo, City
MCLE Compliance No. V1234567
05/15/21, Iloilo City
 MEMORANDUM

TO : Atty. Ariel Sumbillo

Senior Partner
(Sumbillo, Torres, Olisa Law Firm)
FROM : Atty. Reynald L. Torres
DATE: : July 08, 2021
RE :