October 8, 2021

MR. REK LAMADOR

#29 Sitio Sambag, V. Rama Street
Barangay Guadalupe, Cebu City

Dear Mr. Lamador:

Here is the opinion that you requested. This legal opinion seeks to answer
your question as to the legality of the RTC Decision dated September 29, 2021
and the remedies that you may avail from such order.

The Facts:

The facts, as I gather from you and your documents, are as follows:

An action for support was filed in the Regional Trial Court of Cebu
against you by your wife, Ana Lamador. On September 29, 2021, the Regional
Trial Court convicted you for failing to give financial support and was thus
ordered to give support in the amount of P100,000.00 per month.

The Applicable Law

The applicable laws are Articles 201 and 202 of the Family Code which
provides that:

“Art. 201. 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. 202. Support in the cases referred to in the preceding article shall be
reduced or increased proportionately, according to the reduction or
increase of the necessities of the recipient and the resources or means of
the person obliged to furnish the same.” (emphasis supplied)

Moreover, Section 2 of A.M. No. 02-11-12-SC or the Rule on Provisional

Orders further states that:

“Sec. 2. Spousal Support. – In determining support for the spouses, the

court may be guided by the following rules:
 (a)  In the absence of adequate provisions in a written agreement between
the spouses, the spouses may be supported from the properties of the
absolute community or the conjugal partnership. 

(b)  The court may award support to either spouse in such amount and for
such period of time as the court may deem just and reasonable based on
their standard of living during the marriage.

(c)  The court may likewise consider the following factors: (1) whether
the spouse seeking support is the custodian of a child whose
circumstances make it appropriate for that spouse not to seek outside
employment; (2) the time necessary to acquire sufficient education and
training to enable the spouse seeking support to find appropriate
employment, and that spouse’s future earning capacity; (3) the duration
of the marriage; (4) the comparative financial resources of the
spouses, including their comparative earning abilities in the labor
market; (5) the needs and obligations of each spouse; (6) the
contribution of each spouse to the marriage, including services rendered
in home-making, child care, education, and career building of the other
spouse; (7) the age and health of the spouses; (8) the physical and
emotional conditions of the spouses; (9) the ability of the supporting
spouse to give support, taking into account that spouse’s earning
capacity, earned and unearned income, assets, and standard of living; and
(10) any other factor the court may deem just and equitable. 

(d)  The Family Court may direct the deduction of the provisional
support from the salary of the spouse.” (emphasis supplied)

The foregoing provisions of law directly governs your situation. It can be

deduced therefrom that the amount of support that you are bound by law to give
to your spouse is subject to certain conditions which includes, among others,
your means and financial resources. Your comparative earning ability in the
labor market as a factory worker may likewise be considered in determining the
amount of support to be given.

The Applicable Jurisprudence

In the case of Advincula vs Advincula, the Supreme Court held that:

“The right to support is of such nature that its allowance is essentially

provisional; for during the entire period that a party is entitled to
support, his or her alimony may be modified or altered, in accordance
with his increased or decreased needs, and with the means of the giver.
It cannot be regarded as subject to final determination.” (italics and
emphasis supplied)
 Furthermore, it may be inferred from the aforementioned ruling that the
amount of support you are ordered by the Regional Trial Court of Cebu City to
give to your spouse is merely provisional in nature. It may therefore be
modified or altered according to her increased or decreased needs, as well as
your means as the giver.

Analysis and Conclusion

Applying the aforesaid provisions of law and jurisprudence, the RTC

Decision dated September 29, 2021 ordering you to pay the amount of
P100,000.00 per month as support may be questioned as it is beyond the
intendment of law. It failed to consider the conditions provided by law for the
determination of the appropriate amount of support to be given to a spouse.
Considering your occupation as a factory worker, it is evident that the aforesaid
amount you are required to give is beyond your financial resources, means and
earning ability. Although a person is obligated by law to give support to his
spouse, proper consideration must nevertheless be given to the financial
capacity of the person. Hence, it is but proper to question the RTC order in
seeking to lower the amount of support to be given.

Recommendation

I believe that the peculiarities of your case is a matter that may be

properly addressed through an ordinary appeal to the Court of Appeals by filing
a notice of appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party. In addition,
you should submit competent evidence showing your financial incapacity to
give support, in the amount of P100,000.00 per month, through the means of
pay slips and other similar instruments evidencing such inability.

I appreciate the opportunity to advise you regarding this matter. Please let
me know if you wish to discuss further the issue. Thank you.

Yours truly,

ATTY. CHESKA CHRISTIANA SAGUIN