RULE 61

SUPPORT PENDENTE LITE

 WHAT IS SUPPORT PENDENTE LITE?
 It is proceeding where the amount of
support is provisionally fixed by the court
in favor of the person or persons entitled
thereto during the pendency of an action
for support or any applicable principal
action.
 It is the amount adjudicated by the court
during the pendency of an action for
support or any applicable principal action.
 SUBSTANTIVE BASIS OF THE RIGHT TO SUPPORT

 ART. 194 of the Family Code provides:

“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 going to and from school, or to and from place
of work.”
 Who may be supported?
“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. 198. During the proceedings for legal
separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and
their children shall be supported from the properties
of the absolute community or the conjugal
partnership. After the final judgment granting the
petition, the obligation of mutual support between
the spouses ceases. However, in case of legal
separation, the court may order that the guilty
spouse shall give support to the innocent one,
specifying the terms of such order.
 APPLICATION FOR SUPPORT PENDENTE LITE

 Section 1. Application. — At the commencement of

the proper action or proceeding, or at any time prior to
the judgment or final order, a verified application for
support pendente lite may be filed by any party
stating the grounds for the claim and the financial
conditions of both parties, and accompanied by
affidavits, depositions or other authentic documents in
support thereof
 WHEN TO APPLY?
1. At the commencement of the proper
action or proceeding;
2. At any time prior to the judgment or final
order.
 WHAT ARE THE REQUIREMENTS?
1. A Verified application for support pendent
lite;
2. He must state the grounds for the claim;
3. He must state the financial conditions of
both parties, and accompanied by affidavits,
depositions or other authentic documents in
support thereof.
 WHAT IS THE REMEDY OF THE ADVERSE PARTY?

Section 2. Comment. — A copy of the

application and all supporting 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.
 Fracisco vs Zandueta
Facts: G.R. No. L-43794  
Eugenio Francisco, represented by his natural mother and
curator ad litem, Rosario Gomez, instituted an action for support
against petitioner Luis Francisco in a separate case, alleging that he
is the latter’s acknowledged son and as such is entitled to support.
Luis denied the allegation, claimed that he never acknowledged
Eugenio as his son and was not present at his baptism and that he
was married at time of Eugenio’s birth.
Despite the denial of paternity however, respondent judge
Francisco Zandueta issued an order granting Eugenio monthly
pension, pendente lite. Luis moved for reconsideration but was
denied, hence the writ for certiorari.
Praying to have the trial transferred, counsel of herein petitioner,
in compromise, agreed that his client would pay the monthly
pension during the pendency of the case.
Issue:
W/N Eugenio Francisco is entitled to support pendent lite without
first establishing his status as petitioner’s son

Ruling:
No. In the case of Yangco vs Rohde, the fact of the civil status
must be proven first before a right of support can be derived. The
Court ruled that it is necessary for Eugenio to prove, through his
guardian ad litem, his civil status as the petitioner’s son. As such,
no right of support can be given because the very civil status of
sonship, from which the right is derived, is in question.
It held that “(t)here is no law or reason which authorizes the
granting of support to a person who claims to be a son in the
same manner as to a person who establishes by legal proof that
he is such son. In the latter case the legal evidence raises a
presumption of law, while in the former there is no presumption,
there is nothing but a mere allegation, a fact in issue, and a
simple fact in issue must not be confounded with an established
right recognized by a final judgment.”
Additionally, the respondent judge was without jurisdiction to
order for the monthly support in light of herein private
respondent’s absence of aforementioned status.
Writ granted; order for support, pendente lite, declared null and
void.
Section 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.
 When to conduct hearing on the application for
support pendent lite?

After the comment is filed, or after the expiration of the

period for its filing the court shall:
1. the application shall be set for hearing not more than
three (3) days thereafter;
2. The facts in issue shall be proved in the same manner
as is provided for evidence on motions. (Sec.3, Rule
61)
Section 4. Order. — The court shall determine provisionally
the pertinent facts, and shall render such orders as justice
and equity may require, having the 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)
 What are the actions of the court on the
application?

The court after the hearing shall have been

conducted shall:
1. Determine provisionally the pertinent facts; and
2. 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.
 What are the effects of granting
the application?
If the application is granted the court shall do the
following:
1. Fix the amount of money to be provisionally
paid; and
2. Determine 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 of providing support.
 Lam vs Chua
G.R. No. 131286
FACTS:
Adriana filed a petition or declaration of nullity of marriage against Jose
Lam on the ground of psychological incapacity. Adriana was the lone
witness herself testifying that their marriage was arranged by her parents in
a traditional Chinese way; that her married life was abnormal because Jose
seldom came home, never worked for a living and instead kept asking
money from her to buy his sports car; that she was also the one spending
for all the expenses of their only child, John Paul. No evidence was
presented regarding the amount of support needed by John Paul nor the
capacity of Jose to support.
Upon an urgent motion to reopen the case on the ground of new
evidence found which were significant, material and indispensable, Adriana
presented 2 marriage certificates of Jose to 2 other women prior to their
marriage.
The Trial court declared the marriage between Jose and Adriana null and
void for being bigamous in nature. Jose was also ordered to give monthly
ISSUE: WON the award of support for John Paul was valid?
HELD:
NO, the award of support to John Paul was not valid. In determining the
amount of support to be awarded, such amount should be in proportion to
the resources or means of the giver and the necessities of the recipient
pursuant to Family Code, Art. 194, 201 and 202.
It is incumbent upon the trial court to base its award of support on the
evidence presented before it. The evidence must prove the capacity or
resources of both parents who are jointly obliged to support their children
as provided for under Art. 195 of the Family Code; and the monthly
expenses incurred for the sustenance, dwelling, clothing, medical
attendance, education and transportation of the child.
The records of the case was remanded to the Trial court for further
reception of evidence for the proper determination of the proper amount of
support to be awarded to John Paul.
 Section 5 – Enforcement of the Order
Failure to comply with an order granting support
pendente lite may warrant:
a. The issuance by the Court, motu proprio or upon
motion, of an order of execution against the
adverse party.
b. Possible liability for contempt.
c. Third person who furnished support may obtain writ
to execution to enforce his/her right to
reimbursement.
d. May also give rise to criminal liability (violation of
 CASE:
Torres vs. Hon. Teodoro Sr. 101 Phil. 422
Facts:
Mr. Torres was declared the illegitimate father of the
plaintiff minors and ordering him, among other things, to
give each of them a monthly support, the same to be
deposited with the clerk of court on the first of each month
notwithstanding any appeal that might be interposed. A
special order for execution was issued on November 14,
1956 because the court had been aware that the minors
were in urgent need of support. As despite this special order
the petitioner made no deposit in court for the support of
the minor, he was, at their instance, cited for contempt, and
the court having after hearing that though possessed of
adequate means he really had made no deposit.
On January 24, 1956, upon complaint of the
minors that the support corresponding to that
month had not been deposited, the court, over
petitioner’s objection, handed down another
order again declaring him guilty of contempt It is
this last order that the petition for certiorari
seeks to annul.
Issue: Whether or not the order in question is null
and void on the ground that it is his second
conviction and punishment for the same offense.

Ruling: No. Where the court ordered support

pendente lite to be deposited each month, failure of
the defendant to deposit for one month is a
separated and distinct violation from a failure to
deposit another month. Convictions for indirect
contempt for failure to deposit for separate months
do not constitute double jeopardy.
 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.
Criminal cases where civil liability includes support for
the offspring:
- Persons guilty of rape, seduction or abduction
The application for support pendente lite may be filed
successively by the:

a. Offended Party;
b. Parents;

c. Grandparents;
d. Guardian; and
e. The State in the corresponding criminal case during its
pendency, in accordance with the procedure
established by this Rule.
 Illustration:
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 file a petition for support pendente lite. The
accused however, insists that he cannot be made to give much
support arguing that there are yet no findings to his guilt. Is A
correct?

No. The remedy is available in a criminal action for rape and

may be granted where the civil liability includes support of the
offspring and the civil aspect has not been waived, reserved or
instituted prior to its filing.
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.
 4. If R fails to reimburse P, P may seek reimbursement from O in a
separate action

P O
2. R to return support support received from P

1. P provided support to R
Pendente lite 3. R may obtain reimbursement from O