Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Filing Comments
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Hearing
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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
Because of its provisional nature, a court does not need to delve fully into
the merits of the case before it can settle an application for this relief. All
that a court is tasked to do is to determine the kind and amount of
evidence which may suffice to enable it to justly resolve the application. It
is enough that facts be established by affidavits or other documentary
evidence appearing in the record. (Mangonon v CA)
Issuance of Order
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The court shall determine provisionally the pertinent facts and shall render
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
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.
Child Support
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4. The non-monetary contributions that the parents will make toward the
care and well-being of the child
Defenses in support pendent lite
Rule on Enforcement of Order
1. If adverse party fails to comply with the order the court shall, motu proprio
or upon motion, issue an order of execution against the adverse party,
without prejudice to his liability for contempt
2. If third party gives support to the applicant such third party may, after due
notice and hearing in the same case, obtain a writ of execution to enforce his
right against the person ordered to provide such support
Support in Criminal Cases
Requisites
1. A party was accused of a crime
2. A child was born to the offended party allegedly as a result of such crime
3. The civil aspect thereof includes a liability of support for the offspring as a
consequence of the crime
4. The civil aspect thereof has not been waived, reserved or instituted prior to
its filing
Who may file
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Rule on Restitution
Effect if judgment or final order of the court finds that the person who has been
providing support pendent lite is not liable
1. The court shall order the recipient to return the amounts already paid with
legal interest from the date 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 such support
2. 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
1999 Bar Question:
Before the RTC, A was charged with rape of his 16 year old daughter. During the
pendency of the case, the daughter gave birth to a child allegedly as a consequence
of the rape. Thereafter, she asked the accused to support the child, and when he
refused, the former filed a petition for support pendente lite. The accused, however,
insists that he cannot be made to give such support arguing that there is as yet no
finding as to his guilt. Would you agree with the trial court if it denied the
application for support pendente lite? Explain
Answer:
No. As stated by the court in Mangonon v CA, Because of its provisional nature, a
court does not need to delve fully into the merits of the case before it can settle an
application for this relief. All that a court is tasked to do is to determine the kind and
amount of evidence which may suffice to enable it to justly resolve the application.
It is enough that facts be established by affidavits or other documentary evidence
appearing in the record. Hence, there is no need to first establish the guilt of the
accused before the application for support pendente lite be granted. Otherwise, it
would defeat the very purpose of the remedy of support pendente lite.