4. Support

9. Support

a. What Comprises Support b. Who are Obliged to Give Support c. Source of Support d. Order of Support

O. Support (Family Code, arts. 194-208)

Support (Family Code, arts. 194-208)

TITLE VIII

SUPPORT

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. (290a)

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 (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. (291a)

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

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. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a)

Art. 203. 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.

Support pendente lite may be claimed in accordance with the Rules of Court.

Payment shall be made within the first five days of each corresponding month. When the recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (299a)

Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. (302a)

Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed. (2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)

WHAT IT COMPRISES

Under Article 194 of the Family Code, support includes everything indispensable for the following, in keeping with the financial capacity of the family:

• Sustenance
• Dwelling
• Clothing
• Medical attendance
• Education, including schooling or training for a profession, trade, or vocation, even beyond the age of majority
• Transportation, including travel to and from school or work

The provision does not distinguish between natural support, or basic necessities, and civil support, or needs beyond the basics.

In an action for support, the court may declare a marriage void to determine a child’s right to support. A separate judicial declaration of nullity need not be filed first. (De Castro v. Assidao-De Castro, G.R. No. 160172, 2008)

When a Stranger, Without the Knowledge of the Person Obliged to Give Support, Gives Support

When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid. (Art. 2164, NCC)

When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support

relatives who were obliged to give support When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. (Art. 2165, NCC)

The following are obliged to support each other:

• 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 (Art. 195, FC)

Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the following order:

• the spouse;
• the descendants in the nearest degree;
• the ascendants in the nearest degree; and
• the brothers and sisters.

For example, A was the daughter of X and Y. A died. G was the one who shouldered the expenses for A's funeral. If G did this benevolent act as an act of charity, X and Y need not reimburse him. If G intended to be reimbursed, he can only be paid after demanding payment from X and Y. (Sta. Maria, 2017)

Persons Obliged to Support Each Other to the Whole Extent: (Art. 195) (SAPL)

• Spouses
• Legitimate Ascendants and Descendants
• Parents and their Legitimate/Illegitimate Children/Grandchildren
• Legitimate Brothers and Sisters, whether full or half-blood

Rules Regarding Support for Illegitimate Brothers and Sisters (Whether Full or Half Blood)

• If the one asking for support is below majority age, he is entitled to support from his illegitimate brother or sister, to the full extent, without any condition.
• If the one asking for support is of majority age, he is entitled to support only if his need for support is not due to a cause imputable to his fault or negligence. (Art. 196)

Insofar as Philippine laws are concerned, specifically the provisions of the Family Code on support, the same only applies to Filipino citizens. Petitioner cannot rely on Article 195 in demanding support from respondent, who is a foreign citizen. However, in view of respondent’s failure to prove the national law of the Netherlands, the doctrine of processual presumption shall govern, which states that if the foreign law involved is not properly pleaded and proved, our courts will presume that the foreign law is the same as our local or domestic or internal law. Thus, the law in the Netherlands is presumed to be the same with Philippine law, which recognizes parents’ obligation to support their children; criminal liability under R.A. No. 9262 for failure to provide support requires proof of the applicable statutory elements and a pre-existing legal obligation to support. Moreover, foreign law should not be applied when its application would work undeniable injustice to the citizens or residents of the forum. (Norma A. Del Socorro, for and in behalf of her minor child, Roderigo Norjo Van Wilsem v. Ernst Johan Brinkham Van Wilsem, G.R. No. 193707, 2014)

A Third Person May Furnish Support to the Needy Individual, With Right of Reimbursement From the Person Obliged to Give Support

When a person obliged to give support unjustly refuses or fails to give it when urgently needed, a third person may furnish support and seek reimbursement. This particularly applies when a parent unjustly refuses or fails to support a child under the age of majority when urgently needed. (Family Code, Art. 207)

SOURCE OF SUPPORT

For the support of spouses, their common children, and legitimate children of either spouse, the absolute community or the conjugal partnership shall be liable. (Family Code, Art. 94(1); Art. 121(1)–(2))

For others obliged to give support, the separate property of the obligor shall be answerable

• Provided, that the absolute community or the conjugal partnership shall advance the support in case the obligor has no separate property
• Under CPG, in case of insufficiency, the conjugal partnership shall be liable only after the responsibilities under Art. 121 have been covered (Art. 122)
• Any advance/s made shall be deducted from the share of the obligor spouse upon liquidation of the absolute community or of the conjugal partnership (Art. 197)

XPN:

• Giving mutual help and support. NOTE: A husband is liable to pay the expenses arising from the medical assistance rendered to his wife even though he is not the one who actually called the attending physician on the ground that he has the obligation to provide support to his wife. (Pelayo v. Lauron, 12 Phil. 453)
• Wife left the conjugal home for justifiable reasons, is entitled to separate maintenance. (Goitia v. Campos Rueda, 35 Phil. 252)

When two or more persons are obliged to give support, liability shall devolve based on the following order:

• Spouse;
• Descendants in the nearest degree;
• Ascendants in the nearest degree; and
• Brothers and sisters (Art. 199)

Rule in case of multiple obligors with one and the same obligee:

The payment shall be divided between the obligors in proportion to their resources (Art. 200(1)).

In case of urgency or special circumstances, the judge may order only one of them to furnish provisional support

• Without prejudice to his or her right of reimbursement from the other/s (Art. 200(2))

AMOUNT OF SUPPORT

The amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Art. 201)

The amount of support shall be reduced or increased proportionately according to changes in the necessities of the recipient and the resources of the provider. (Art. 202).

Rights of Illegitimate Children

• They shall use the surname of the mother, but may use the father’s surname if the father expressly recognizes filiation as provided by law (FC, Art. 176, as amended by RA 9255);
• They shall be under the parental authority of the mother;
• They shall be entitled to support in conformity with the FC; and
• They shall be entitled to a legitime which shall consist of ½ of the legitime of a legitimate child. (FC, Art. 176)

Q: Richelle alleged that while she was still a minor in the years 2000 to 2002, she was repeatedly sexually abused by respondent Cabañero inside his rest house at Barangay Masayo, Tobias Fornier, Antique. As a result, she allegedly gave birth to a child on August 21, 2002. Richelle added that on February 27, 2002, she initiated a criminal case for rape against Cabañero. This, however, was dismissed. Later, she initiated another criminal case, this time for child abuse under Republic Act No. 7610. This, too, was dismissed. Richelle prayed for the child's monthly allowance in the amount of P3,000.00. She presented the child’s birth certificate in evidence.

Cabañero denied sexually abusing Richelle, or otherwise having any sexual relations with her. Thus, he asserted that he could not have been the father of Richelle’s child.

Is Richelle’s child entitled for support?

A: The child’s entitlement depends on establishing filiation. Filiation may be determined in this support action; the case was remanded for that purpose. The obligation to give support shall only be demandable from the time the person entitled to it needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand. Support pendente lite may also be claimed, in conformity with the manner stipulated by the Rules of Court.

An illegitimate child, "conceived and born outside a valid marriage," as is the admitted case with petitioner's daughter, is entitled to support. To claim it, however, the child must establish filiation with the putative parent, which may be determined in the same support action when the conditions for doing so are met. When "filiation is beyond question, support shall then follow as a matter of obligation."

Having thus far only presented her child's birth certificate, which made no reference to respondent as the child's father, the necessary condition of filiation had yet to be established. (Richelle P. Abella, For and In Behalf of Her Minor Daughter, Marl Jhorylle Abella v. Policarpio Cabañero, G.R. No. 206647, August 09, 2017, as penned by J. Leonen)

Time of payment (Art. 203):

The obligation to give support can be demanded from the time the person who has the right to receive the same needs it for maintenance

• However, it shall be paid only from the date of judicial or extrajudicial demand

Payment shall be made within the first five (5) days of each corresponding month

• In case the recipient dies, his heirs shall not be obliged to return what he has received in advance.

The obligor has two options:

• To pay the allowance fixed; or
• To receive and maintain the person who has a right to receive support in the family dwelling, unless there is a moral or legal obstacle

RENUNCIATION AND TERMINATION

The right to receive future support cannot be renounced or transmitted, and future support cannot be compensated with debts owed by the recipient. Support in arrears may be compensated, and the right to arrears may be renounced or transmitted, pursuant to Article 301 of the Family Code and Article 6 of the Civil Code.

The prohibited acts concerning future support are in violation of the mandatory obligation under Article 195 of the Family Code and therefore, if such prescribed acts are undertaken, they shall be void pursuant to Article 5 of the Civil Code.

SUPPORT PENDENTE LITE

Support shall be given during the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage.

Who are entitled to it: Spouses and their children

• As between spouses, the obligation of mutual support ceases after final judgment granting the petition
• unless, in case of legal separation, the court orders the guilty spouse to furnish support to the innocent one, specifying the terms thereof

Source of support: The absolute community or the conjugal partnership (Art. 198)

In an action for support, adultery is a good defense and if properly proved and sustained, will defeat the action (Reyes v. Ines-Luciano, G.R. No. L-48219, 1979). However, while adultery may be a defense in an action for personal support, that is, support of the wife by the husband from his own funds, it is not a defense when the support is to be taken from the conjugal partnership property (Lerma v. Court of Appeals, G.R. No. L-33352, 1974)

Interlocutory nature of support pendente lite

In a Petition for Review under Rule 45, petitioner argues that the CA should not have dismissed her appeal because the arrears in support pendente lite which respondent failed to pay have ceased to be provisional and have become final. The SC held that It is important to emphasize the temporary or provisional nature of support pendente lite. It is but an incident to the main action for declaration of nullity; and whether an order or resolution is final or interlocutory is not dependent on compliance or non-compliance by a party to its directive, questioning the subject interlocutory orders of the RTC, petitioner's appeal was correctly dismissed by the CA.

The remedy against an interlocutory order not subject of an appeal is a special civil action under Rule 65 provided that the interlocutory order is rendered without or in excess of jurisdiction or with grave abuse of discretion. Having chosen the wrong remedy in questioning the subject interlocutory orders of the RTC, petitioner's appeal was correctly dismissed by the CA (Calderon v. Baldevia, G.R. No. 185595, January 9, 2013).

J. Leonen: X prayed for support from the putative father of her child (who is also Xs father). While the grant of support was contingent on ascertaining parental relations between the child and the putative parent, it was unnecessary for the action for support to be dismissed by the appellate court. An integrated determination of filiation is "entirely appropriate" to an action for support. Concerned parties may be allowed to present evidence to establish their cause of action, inclusive of their underlying claim of paternal relations. An action for support may very well resolve that ineluctable issue of paternity if it involves the same parties, is brought before a court with the proper jurisdiction, prays to impel recognition of paternal relations, and invokes judicial intervention to do so. This also serves the interest of judicial economy — avoiding multiplicity of suits and cushioning litigants from the vexation and costs of a protracted pleading of their cause. (Abella v. Cabañero, G.R. No. 206647, 2017)

Can the Pension Gratuity Management Center of the AFP (PGMC) be ordered to automatically deduct a percentage from the retirement benefits of its enlisted personnel, and to give the same directly to the latter's lawful wife as spousal support in compliance with a protection order issued by the RTC pursuant to RA. No. 9262?

YES. We hold that Section 8(g) of RA. No. 9262, being a later enactment, should be construed as laying down an exception to the general rule that retirement benefits are exempt from execution. It bears stressing that Section 8(g) providing for spousal and child support, fulfills the objective of restoring the dignity of women who are victims of domestic violence and provides them continued protection against threats to their personal safety and security. (PGMC v. AAA, G.R. No. 201292, August 1, 2018)

Future Support

GR: The law prohibits a compromise on future support.

XPNs:

• Spouse who leaves the conjugal home or refuses to live therein without just cause has no right to be supported;
• When the law requires a spouse’s consent to a transaction, obtain that consent; if it cannot be obtained or is withheld, seek judicial authorization where the Family Code permits it (Arts. 96 and 124);
• If community property is insufficient, the separate property of both spouses shall be solidarily liable for the support of the family

Support to the surviving spouse and to the children during liquidation

The support to be given to the surviving spouse and to the children during liquidation shall come from the common mass of property and shall be particularly charged against the fruits, rents or income pertaining to their shares to the inventoried property. But where the support given exceeds the fruits, rents or income pertaining to their shares, the excess shall be deducted from their respective shares as these are deemed advances from the inventoried property. (FC, Art. 133)

Liquidation of community property in the absence of a judicial settlement proceeding (FC, Art. 130)

In the absence of a judicial settlement proceeding, the surviving spouse shall liquidate the community property either, judicially or extra-judicially within 1 year from the death of the deceased spouse.

NOTE: The system of complete separation of property will govern the property relations between the spouses only in the following cases:

• When it is expressly provided for in the marriage settlement.
• When it is so decreed by a competent court.
• Mandatory regime of complete separation of property.
• By failure of the surviving spouse to liquidate the absolute community or conjugal partnership of gains of a previous marriage which has been terminated by death within the one-year period required by law prior to contracting another marriage. The subsequent marriage is mandatorily governed by a regime of complete separation.

Separation of Property Regime – Family Code, arts. 143-146

Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)

Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties. The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)

Need materials

Amount (Art. 944, par. 3)

• The amount fixed by the testator; or
• That which is proper, as determined by:
• The social standing and circumstances of the legatee, and
• The value of the estate.

Legacy for Support (Art. 944)

Duration – During the lifetime of the legatee, unless the testator provided otherwise