SUPPORT

PENDENTE
LITE
ATTY. CARELL RYZA E. NARTATEZ
WHAT IS SUPPORT PENDENTE LITE?

 Support pendente lite is an amount adjudicated by the trial court during the
pendency of an action for support upon application by the plaintiff at the
commencement of the proper action or at anytime afterwards. It is a remedy by the
Revised Rules of Court and classified as a provisional remedy rendered by the court
as equity and justice may require.
WHAT COMPRISES SUPPORT?

 Art. 194, FC. Support comprises everything indispensable for sustenance, dwelling,
clothing, medical attendance, education and transportation, in keeping with the
financial capacity of the family.
 The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses in
going to and from school, or to and from place of work.
WHO MAY GIVE SUPPORT?
Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
 (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children
and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and
the legitimate and illegitimate children of the latter; and (5) Legitimate brothers and sisters, whether of
full or half-blood

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set forth in Article 194, except only when the need for
support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or
negligence.
ORDER OF SUPPORT NOT FINAL
 The order fixing the amount of support pendente lite is not final in character in the sense
that it can be the subject of modification, depending on the changing conditions affecting the
ability of the obligor to pay the amount fixed for support.

 Do we need to delve into the merits of the case to grant and order of support pendente
lite? No. In determining the amount to be awarded as support pendente lite it is not
necessary to go fully into the merits of the case, it being sufficient that the court ascertain
the kind and amount of evidence which it may deem sufficient to enable it to justly resolve
the application, one way or the other, in view of the merely provisional character of the
resolution to be entered. Mere affidavits may satisfy the court to pass upon the application
for support pendente lite. It is enough that the facts be established by affidavits or other
documentary evidence appearing in the record.
RAMOS VS. CA G.R. NO. L-31897 JUNE 30, 1972

 Exercise of judicial discretion by the trial court

 May the court exercise its discretion to direct the father to give support
pending appeal?
 Yes. Although the law gives the right of support to acknowledged natural children,
and although Laureano Garcia has not yet been actually acknowledged because the
decision has not yet become executory, still as the confirmation of the order of
recognition may be said to relate back to the date of the original decision, it lies
within the discretion of the trial court to direct the father to give support pending
the appeal. Indeed, there may be instance where, in view of the poverty of the child, it
would be a travesty of justice to refuse him support until the decision of the judge is
sustained on appeal. There being at least prima facie evidence of the child's right to
support, the Cavite court acted within its power and discretion.
 It goes without saying that if, before the rendition of judgment, the trial court may
"provisionally" grant alimony pendente lite, with more reason may an appellate court
exercise a similar authority, after a full dress trial and a decision of the trial court on
the merits finding that the claim of filiation and support has been adequately proven
— in the case at bar, beyond doubt — even if such decision were still pending appeal
taken by the party adjudged to be bound to give such support.
ORDER OF SUPPORT IMMEDIATELY EXECUTORY
 The order, whether denying or granting the support pendent lite, is interlocutory and consequently not
appealable. It is immediately executory if granted

 Waiver: if an appeal is nevertheless taken and no objection is taken thereto, the appeal shall be entertained
as the objection is deemed waived.

 Basis: Rule 39 Sec. 4. Judgments not stayed by appeal. Judgments in actions for injunction, receivership,
accounting and support, and such other judgments as are now or may hereafter be declared to be
immediately executory, shall be enforceable after their rendition and shall not be stayed by an appeal taken
therefrom, unless otherwise ordered by the trial court. On appeal therefrom, the appellate court in its
discretion may make an order suspending, modifying, restoring or granting the injunction, receivership,
accounting, or award of support.
MANGONON VS. CA

 Support in arrears was allowed. Considering, however, that the twin sisters may have
already been done with their education by the time of the promulgation of this
decision, we deem it proper to award support pendente lite in arrears to be
computed from the time they entered college until they had finished their respective
studies.This will pay off the loan incurred by the mother.
 SEC. 2. Comment.—A copy of the application and all support-ing documents shall be
served upon the adverse party, who shall have five (5) days to comment thereon
unless a different period is fixed by the court upon his motion. The comment shall
be verified and shall be accompanied by affidavits, depositions or other authentic
documents in support thereof. (2a, 3a)

 What is required of the defendant is not an answer, but a COMMENT.

 SEC. 3. Hearing.—After the comment is filed, or after the expiration of
the period for 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
same manner as is provided for evidence on motions. (4a)
 Evidence on motions
Evidence on motions are proved thru affidavits and depositions presented by the respective
parties, but the court may direct that the matter be heard wholly or partly on oral testimony
or depositions.

 GENERAL RULE: In determining the amount to be awarded as support pendente lite it is not
necessary to go fully into the merits of the case, it being sufficient that the court ascertain
the kind and amount of evidence which it may deem sufficient to enable it to justly resolve
the application, one way or the other, in view of the merely provisional character of the
resolution to be entered. Mere affidavits may satisfy the court to pass upon the application
for support pendente lite. It is enough the facts be established by affidavits or other
documentary evidence appearing in the record.
 Exception: Where the status or juridical relation alleged by the applicant
as ground for his right to support is denied by the adverse party, the
evidence therein shall be CLEAR and SATISFACTORY as the lack of
proof thereon would render an order granting support pendent lite as
having been issued in excess of jurisdiction.
DEFENSES AVAILABLE TO THE DEFENDANT

1] Denial of Paternity
2] Non-existence of Marriage
Since the obligation to give support arises from the relationship of spouses, the absence of such
relationship would therefore defeat any claim for support. Thus, if the answer of the defendant
denies the marriage between him and plaintiff, support pendente lite should be allowed, until
the marriage is established as a fact.

It should be remembered that merely asserting the invalidity of a marriage may not be a
defense against a support pendente lite because until the marriage is invalidated it will subsist.
Thus, while the cessation of marriage will necessarily terminate the obligation to give support
and is therefore a defense against an action for support, support pendente lite may still be
ordered during the proceedings for the annulment of the marriage, as the obligation of mutual
support between spouses will cease after the final judgment of annulment.
[3] Death of Recipient

The obligation to give support shall cease upon the death of the recipient or the
obligee.
[4] Improper conduct of the person seeking support

Two instances of improper conduct that would extinguish the obligation to give
support:
1. when the recipient, be he a forced hire or not, has committed some act which gives
rise to disinheritance
2. when the recipient is a descendant, brother, sister or the obligor and the need for
support is caused by his or her bad conduct or by lack of application to work, so
long as this cause subsists
For this purpose, a mother who delivered her child to a couple and since then never
took care of her, completely abandoning her, can not later ask for support from the
child. Similarly, since under the New Civil Code, a spouse may be disinherited when he
or she has given cause of legal separation and adultery is a cause for legal separation,
therefore, in an action for support by a wife who was alleged to have committed
adultery, the abandoning husband may interpose adultery as a defense.
REMEDY AGAINST DENIAL OF SUPPORT PENDENTE LITE

An order of court denying an application for pendente lite is not final in character and
as such is considered interlocutory and non-appealable. As it is non-appealable, the
remedy therefore is an original action for certiorari to annul the order of denial.
Thus, in a case where the trial judge denied an application for support pendente lite on
the ground that as the legal separation of the spouses which the plaintiff sought has not,
as yet been decreed and the children were not parties to the case, support pendente
lite would be premature, the Supreme Court in upholding the reversal of the lower
court’s decision declared that since the order denying support pendente lite is
interlocutory, plaintiff would have to wait, for its review by appeal, until the rendition of
judgment on the abuse of discretion on the part of the judge.
SEC. 4. Order.—The court shall determine provisionally the pertinent facts,
and shall render such orders as justice and equity may require, having due
regard to the probable outcome of the case and such other circumstances
as may aid in the proper resolution of the question involved. If the
application is granted, the court shall fix the amount of money to be
provisionally paid or such other forms of support as should be provided,
taking into account the necessities of the applicant and the resources or
means of the adverse party, and the terms of payment or mode for
providing the support. If the application is denied, the principal case shall be
tried and decided as early as possible. (5a)
MAY THE COURT GRANT SUPPORT PENDENTE LITE NOTWITHSTANDING
THE DENIAL OF STATUS OR JURIDICAL RELATIONSHIP?

 Yes, if the status or juridical relation alleged by the applicant as the basis
of his right to support is denied, the facts in issue shall be proved in
accordance with the provision of Rule 133 Section 7, and the court shall
determine provisionally the pertinent facts for the purpose of either
granting or denying the application.
 If the application is granted: 1. the court shall fix the amount of money to
be provisionally paid or 2. such other forms of support as should be
provided

 If the application is denied: 1. the principal case shall be tried and decided
as early as possible
 SEC. 5. Enforcement of order.—If the adverse party fails to comply with an
order granting support pendente lite, the court shall, motu proprio or upon
motion, issue an order of execution against him, without prejudice to his
liability for contempt. (6a)

 When the person ordered to give support pendente lite refuses or fails to do
so, any third person who furnished that support to the applicant may, after due
notice and hearing in the same case, obtain a writ of execution to enforce his
right of reimbursement against the person ordered to provide such support.
(n)
HOW MAY AN ORDER OF GRANTING SUPPORT BE ENFORCED?

1. Deduction from the salary of the spouses ordered to give

support
2. Use of the conjugal home
3. Use of other properties
 SEC. 6. Support in criminal cases.—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. (n)
 Section 6 applied to a crime of rape and other forms of crime against chastity.
 It does not apply to adultery and concubinage.
 The provision says “the child born to the offended party allegedly because of the crime”.
In the crime of adultery and concubinage, the child born out of the crime is not the child
of the offended party but the child of the guilty party.
 SEC. 7. Restitution.—When the judgment or final order of the court finds that the
person who has been providing support pendente lite is not liable therefor, it shall
order the recipient thereof to return to 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. (n)