SUPPORT

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Kinds of support
. legal- one mandated by law.
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. judicial - required by court to be given either pendente lite or in a final
judgement.
. conventional - given by agreement of the parties.

Pendente Lite - Pending Litigation

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Characteristics of support
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. Personal - the right to demand support is personal from himself. He
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cannot demand support from other people. E.g. neighbors.
. Intransmissible - cannot be assigned by other people. Cant demand
from other people as well.
. Not subject to waiver or compensation
. Exempt from attachment or execution- kung naay utang ang party
entitled to support, that support cannot be attached.
. Reciprocal on the part of those who are by law bound to support
each other.
. Provisional character - it is not permanent, final, and executory. The
amount of support is an accordance to the amount on the capacity of the
person who is bound to give support.
. Mandatory
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Persons obliged to support each other:

. Spouses
. Legitimate ascendants/ descendants
. Parents and their legitimate child and the legitimate and illegitimate
children of the latter.
. Parents and their illegitimate children and the legitimate and
illegitimate children of the latter
. legitimate brothers and sister whether of the full or half blood.

Order of liability to give support:

When two or more persons are obliged to give support, the liability shall devolve
upon the following persons in the order provided hereunder.

1. Spouse
. Descendants in the nearest degree (Children)
. Ascendants in the nearest degree (Relatives)
. Brothers and sisters

Note:

. If the obligation to give support falls upon two or more people, payment
shall be divided between them in proportion to their resources.

However, in case or urgent need and special circumstances, the court

may order only one of them to furnish support provisionally subject to the
right to claim reimbursement from the others the shares due to them.
(Art. 200, Family Code)
 . When two or more recipient at the same time claim for support and the
person leally obliged to give does not have sufficient means to satisfy all
claims:

-The order of liability provided by law shall be followed.

-However, if the concurrent obligees should be the spouse and a child
subject to parental authority, the child shall be preferred.

Support during marriage litigation:

Amount of Support that can be demanded:

it shall be in proportion to the resources or means of the giver and to the

necessities of the recipient. It shall be increased or reduced proportionately,
according to the increase or reduction of the necessities of the recipient and the
resources or means of the person obliged.

Demand for Support:

-The obligation to give support shall be demandable from the time the person who
has a right to receive the same needs it for maintenance, but it shall not be paid
except from the date of judicial or extrajudicial demand.

Payment shall be made within the first five days of each corresponding month.
When the recipient dies, his heirs shall not be obliged to return what he has
received in advance.
Exemption from Attachment or Execution:

. when support is in the nature of contractual or conventional support.

. Support in arrears is no longer exempt from attachment.

Parental Authority
-PA is inalienable by law
-Parental authority cannot be transferred except in cases: Adoption, guardianship
or commitment of children in an institution engaged in child care.

Rules as to Exercise of Parental Authority:

of the child over seven years old shall be taken into account unless the parent
chosen is unfit.

Parental Preference Rule:

The natural parents who are good moral character who can reasonably provide for
the child, are ordinarily entitled to custody as against all other person.

Substitute Parental Authority:

 . Surviving grandparents. In case several survives, the one designated by
the court.
. oldest brother or sister over 21 years of age unless unfit or disqualified
. actual custodian over 21 years of age unless unfit or disqualified.

*The person exercising substitute parental authority

**Whenever the appointment or judicial guardian over the property of the child
becomes necessary, the same order of preference shall be observed.

Special Parental Authority:

-The school, its administrators and teachers engage in child care shall have the
special parental authority and responsibility over the minor child while under
supervision, instruction or custody.
-Can be applied to all authorized activities whether inside or outside the premise
of the school, entity or institution.
-In no case shall the persons excising special parental inflict corporal punishment
upon the child.

*Note parental authority cannot be waived. This includes special parental

authority.

WHAT IF CHILD CAUSES DAMAGE UNDER HIS SUPEVISION

If special parental authority cannot pay damages

Effect of Parental Authority:

 . Parents and other persons exercising parental authority shall be civilly
liable for injuries and damages caused by the acts and omission of their
inemancipated child living in their company under their parental authority
subject to appropriate defense provided by law.
. The parents or, in their absence or incapacity, the individual entity or
institution exercising parental authority, may petition the court of the
place where the child reside, for an order providing for disciplinary
measure over the child which may include the commitment of the child
for not more the thirty days in entities or institutions engaged in child
care or in home duly accredited by the proper government agency.

. The right of the parents over the fruits and income of the child’s property
shall be limited primarily to the child’s support and secondly to the
collective daily needs of the family.

Suspension of Parental Authority:

Grounds:
6. Culpable negligence by person exercising parental authority.

In case of civil interdiction:

Temporary Termination of Parental Authority

Grounds:
. Adoption of the Child
. Appointment of general guardian
. judicial declaration of abandonment in case filed for the purpose
. upon final judgement of a competent court divesting the part concerned
of parent authority.
. Judicial declaration of absence or incapacity of the parents exercise
parental authority over the child

Permanent Termination of Parental Authority

Grounds:
. Death of parents
. Death of Child
. Emancipation of the Child
. If the Child us subjected to sexual abuse or allowed him to be subjected
to sexual abuse.