Provided by ATTY. MARIA CLARA B. TANKEH-ASUNCION of Syquia Law Firm Support is defined under the Family Code of the Philippines (1988) as follows: Art. 194. 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. As enunciated in the Family Code, support is an obligation that arises from family relationship and enumerates those entitled to be supported as follows: 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: The spouses; Legitimate ascendants and descendants; Parents and their legitimate children and the legitimate and illegitimate children of the latter; Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and Legitimate brothers and sisters, whether of full or half-blood. The properties liable for the support of children are as follows: 1. The support for the common children of both spouses shall be taken from the absolute community or conjugal property. 2. Likewise, the support for the children of a spouse by a previous marriage shall be taken from the absolute community or conjugal property. 3. The support for the illegitimate children of either spouse will depend upon their property relations, to wit: 3.1. Under the systems of absolute community - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the absolute community property is liable, but the support is considered as advances on the share of the parent to be paid by him to the community at the time of liquidation. 3.2. Under the system of conjugal partnership - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the conjugal partnership property is liable if financially capable (i.e., if all the legal obligations of the conjugal partnership have been covered or can be covered), but the support paid to the child shall be deducted from the share of the parent - spouse at the time of the liquidation of the partnership. During the proceedings for legal separation, annulment of marriage or declaration of nullity of marriage, child support pendente lite shall be taken from the absolute community property or conjugal property. The amount of support shall be in proportion to the a) Resources or means of the giver; and, b) To the necessities of the recipient. Support can be reduced or increased proportionately, according to the reduction or increase of the necessities of recipient and the resources or means of the person obliged to furnish the same. Therefore, an order for support is consequently subject to modification and never final. A petition for support is never terminated. 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. The right to receive support and any money or property obtained as such support are not subject to attachment or execution by creditors because they are essential to the life of the person entitled to support. But support in arrears is not exempt from the attachment or execution as the reason for such exemption no longer exists. Provisional Remedy for an Action for Support Pendente Lite 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. 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. After the comment is filed, the application shall be set for hearing not more than three (3) days thereafter. After hearing, the court shall provisionally make an order as justice and equity may require. If the application is granted, the court shall fix the amount of money to be provisionally paid 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 adverse party fails to comply with an order granting support pendent lite, the court shall issue an order of execution against him, without prejudice to his liability for contempt. (Rule 61, Rules of Court.) Effect of Foreign Judgments or Final Orders The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order, is as follows: (a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title of the thing; and (b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistakes of law or fact. (Section 48, Rule 39, Rules of Court.) If you have a case which you would like to persue in the Philippines, please contact Attorney Tankeh-Asuncion at [email protected]. About Syquia and Syquia Law Offices Est. 1954. Specialisation: International Law; Succession, Family Law. Quote: We recognize that providing effective and meaningful service in our fields of expertise entails various approaches – ranging from the well-accepted and traditional, to the innovative and progressive. However, we also believe that no solution to any legal issue, no matter how complex, is beyond the reach of a judicious lawyer. As such, we keep our sights on a single Mission: To give our clients peace of mind by helping them avoid and navigate through legal dilemmas, regardless of the nature and complexity of the legal issues involved - Ayala Ave., Makati City. SYQUIA LAW OFFICES Suite 607-608 Cattleya Condominium, 235 Salcedo Street, Legaspi Village, Makati, Metro Manila Tel: (63 2) 817 1095 / 817 1098 / 817 1096 Cable & Telegraphic: SYLAW MANILA, Box 2253, Manila, Phils. Fax: (63 2) 817 1089 E-mail: [email protected]
Posted on: Sat, 06 Jul 2013 02:50:52 +0000
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