Marticio, Joyce Ann M.

PROBLEM 1:

A and B got married in 2015 and had an offspring a year after. On the fifth year of
their marriage, however,A and B had lots of misunderstandings that resulted to their
separation. A then left the conjugal home leaving their kid with his wife. Before B
could file a petition for support, A voluntarily offered his wife a monthly support of
P50,000.00 that B willingly agreed to. Upon the prodding of B's friends, B demanded
a higher amount of support which amounts to P200,000.00, from A considering that A
has been receiving P400,000.00 a month. How much should A give as monthly
support to B? Why?

Answer:

 The amount A should give to financially support her wife depends on their
discussion. The legislation underlines that this assistance must provide, schooling
or training for some profession, even beyond the age of majority. [Art 194,
Family Code of the Philippines]. The amount of support, in the cases referred to
in Articles 195 and 196, shall be in proportion to the resources or means of the
giver and to the necessities of the recipient. [Art 201, Family Code of the
Philippines]. As the Philippines has no uniform infrastructure to ensure support is
actually given, the options for receiving support can be very specific, you might
be able to request the deduction of support from your ex-partner’s payroll. Or you
may be helped by requesting the court to collect his property, for example by
taking his cars or other things. Such court orders will then help to ensure that the
ruling of the court translates into the child's real financial support. They should
also both meet their children's needs equally.

PROBLEM 2:

A got into a vehicular accident with B due to the fault of the latter. The case could
very well fall under the crime of Reckless Imprudence Resulting to Physical Injuries
in addition to suit for collection of money, but A opted not to file a criminal case
against B since such filing of since B will directly pay the same to the A's insurance
company. However, B refused to pay A for his travel expenses and meal allowances
when he travels to the repair shop during his routine check-ups on the progress of the
repair even after A insisted on B's agreement to pay all the damages. Whose
contention is correct? Is it B's refusal to pay A's expenses during routine check-ups or
is it A's insistence on B's liability to pay for the expenses incurred by A? criminal
case against a church-mate would mean his dismissal from their church. Instead, A
chose to file a case for collection of sum of money only based on their agreement that
B will pay A for all the expenses incurred by reason of the accident except for the
repair of the car Explain your answer.
Marticio, Joyce Ann M.

Answer:

 The guilty party shall compensate for other damages suffered as a result of the
crime in compliance with Civil liability arising from crimes/delicts which are
regulated by the Revised Penal Code and the Civil Code, Indemnification for
consequential damages. So for the real costs, B is the obligor that shall be obliged
to pay for the actual expenses A incurred for the treatment and for other damages
brought about by the vehicular accident.