1. What is support pendente lite?

It is a proceeding where the amount of support is provisionally fixed by the court in favor of the
person/s entitled thereto during the pendency of an action for support or any applicable principal
action.

2. What are the basis for seeking support pendente lite?

1. action for support

2. legal separation (art. 198 of FC)
3. annulment of marriage (art. 198 of FC)
4. declaration of nullity of marriage (art. 198 of FC)
5. in a petition for habeas corpus filed by a mother against a father (David vs CA)
6. in rape cases for the offspring of the accused (Sec 6, Rule 6`)

3. Who may ask for support pendente lite?

Any party to the action as long as there are legal grounds to support.

4. When to apply for support pendente lite?

At the commencement of the action or at any time before the judgment or final order

5. What are the procedure for the application?

1. A verified application shall be filed stating the:

a. Grounds for the claim
b. Financial conditions of both parties
c. Accompanied by:
i. Affidavits
ii. Depositions or
iii. Other authentic documents

2. The adverse party shall be asked to comment on the application within 5 days from service
upon him of the application and its supporting documents.
Note: the comment must be verified and accompanied by affidavits, depositions and
other authentic documents.

3. After the comment is filed, or after the expiration of the 5 day-period, the application must be
set for hearing not more than 3 days thereafter.

Note: It cannot be granted ex parte, the rule requires hearing.

4. If the application is granted, the court shall fixed the amount of money or other forms of
support to be provisionally provided, taking into considerations the necessities of the
applicant and the capacity of the adverse party.

If the application is denied, the principal case shall be tried and decided as early as possible.

6. Instances where the court cannot grant right to support?

 If the right to support is put in issue in the pleadings or

 The fact from which the right to support arises has not been established

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7. Is support pendente lite available also in criminal cases? How?

The remedy may be availed when in criminal cases, the civil liability includes the right to support
the offspring born to the offended party as the consequence of a crime and provided the civil aspect has
not been waived , reserved or instituted prior to its filing.

8. The application for support pendente lite in criminal cases may be filed by whom?

Successively by the offended party, by her parents, grandparents, guardians and the State.

9. What is the effect if the adverse party refuse to comply with the order to give support pendente lite?

An order of execution will be issued by the court against him either motu proprio or upon motion
and may likewise be held liable for contempt.

10. May a third person obtain a writ of execution against the person ordered to give support?

Yes. Provided,

1. There is due notice and hearing in the same cases and

2. That such person furnished the support to the applicant because of the refusal or failure to do
so by the person to give the support.

11. Effect when the judgment finds the person giving support, not liable therefor?

The court shall order the recipient to make restitution of what has been received with legal
interest from the date of actual payment.

Should the receipient fails to do so, the person who gave the support may file an action against
the person legally obliged to give such support.+98999

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