PENDENTE LITES

RULE 61

SECTION 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 and
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.
ARTICLE 345 OF THE RPC

• Art. 345. Civil liability of persons guilty of crimes against chastity. — Person guilty of
rape, seduction or abduction, shall also be sentenced:
• 1. To indemnify the offended
• 2. To acknowledge the offspring, unless the law should prevent him from doing so
• 3. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.
RULE 61

SECTION 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.
MANGOMA VS MACADAEG ( 1951)
FACTS:

• Respondent Candelaria Bautista filed an action against petitioner seeking the separation
of the property of the spouses and the consequent dissolution and liquidation of their
conjugal partnership. Prior to the trial on the merits, respondent prayed the court that
pending the determination of the case, she and her daughter Leticia be given
support pendente lite in the amount of P1,000 a month and that petitioner be ordered to
act accordingly.
• Petitioner herein objected to the motion pendente lite contending that respondent abandoned the
conjugal home to live with an American soldier, that she committed adultery and still has a pending
criminal case of bigamy filed against her and that their child, Leticia, who is under the custody of
respondent should be turned over to petitioner
• That due to repeated civil and criminal cases filed against him by respondent, petitioner had to close
his titles factory as well as his machine shop and at present, petitioner is heavily indebted to several
banks and because of the lis pendens annotated on his certificate of title upon respondent's request;
that he is placed in a position where he could not pay his obligation due to his inability to negotiate
with said properties. Wherefore, petitioner prayed that the motion for support pendente lite be denied.
ISSUE:

• Whether or not the husband that he be given an opportunity to adduce evidence in

support of his defense, favorably acted upon the petition for support pendente lite
RULING:

• The facts of this case show that petitioner has not also been given an opportunity to adduce evidence in
support of the defense he has set up against the motion for support pendente lite. It appears that the
respondent judge commissioned his deputy clerk to receive evidence the parties may desire to present on
said motion, but that after respondent had presented her evidence and before the deputy clerk and been
able to complete the hearing, respondent judge issued the order subject of these proceedings without
giving petitioner an opportunity to present his evidence.

• In line with the ruling, there is no other alternative than to remand this case to the lower court in order that
immediate steps may be taken relative to the reception of the evidence of petitioner in support of his
opposition.