Showing posts with label Family Law. Show all posts
Showing posts with label Family Law. Show all posts

What comprises support?

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. (Art. 195, Family Code)

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Who are obliged to give support?

Under Art. 195 of the Family Code, the following are obliged to support each other to the whole extent set forth in the preceding articles of the said code and subject to the provisions of the succeeding articles thereof:

  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.

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Are brothers and sisters not legitimately related bound to support each other? What is the exception?

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. (Art. 196, Family Code)

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What properties are answerable for support of legitimate ascendants; descendants whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related?

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. (Art. 197, Family Code)

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What is the effect of an action for legal separation or for annulment of marriage, and for declaration of nullity of marriage upon the obligations of the spouses to support each other and their children?

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. (Art. 198, Family Code)

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What are the guidelines in determining support for the spouses and common children?

In determining support for the spouses, the court may be guided by the following rules:

(a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community or the conjugal partnership.

(b) The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage.

(c) The court may likewise consider the following factors:

  1. whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; 

  2. the time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouse's future earning capacity; 

  3. the-duration of the marriage;

  4. the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; 

  5. the needs and obligations of each spouse; 

  6. the contribution of each spouse to the marriage, including services rendered in home-making, child care, education, and career building of the other spouse;

  7. the age and health of the spouses; 

  8. the physical and emotional conditions of the spouses;

  9. the ability of the supporting spouse to give support, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living; and 

  10. any other factor the court may deem just and equitable.

(d) The Family Court may direct the deduction of the provisional support from the salary of the spouse.

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Sections 2 and 3, Rule on Provisional Orders, A.M. No. 02-11-12-SC, March 4, 2003)

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What are the factors to be considered by the court in determining the amount of provisional support?

In determining the amount of provisional support, the court may likewise consider the following factors:

(1) the financial resources of the custodial and non-custodial parent and those of the child;

(2) the physical and emotional health of the child and his or her special needs and aptitudes;

(3) the standard of living the child has been accustomed to;

(4) the non-monetary contributions that the parents will make toward the care and well-being of the child. (Section 3, Rule on Provisional Orders, A.M. No. 02-11-12-SC, March 4, 2003)

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What are the rules when (a) two or more persons are obliged to give support and (b) two more recipients at the same time claim support from the same person who does not have sufficient means to satisfy all claims?

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. (Art. 200, Family Code)

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How shall the amount of support be determined, reduced or increased?

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. 

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. (Arts. 201 and 202, Family Code)

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How may a person fulfill his obligation to give support?

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. (Art. 204, Family Code)


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May the right to receive support be levied upon attachment or execution?

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. (Art. 205, Family Code)

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. (Art. 208, Family Code)

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What is the right of a stranger who paid the support of another?

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. 

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. (Arts. 206 and 207, Family Code)

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What is parental authority?

Parental authority or patria potestas in Roman Law is the juridical institution whereby parents rightfully assume control and protection of their unemancipated children to the extent required by the latter's needs. It is a mass of rights and obligations which the law grants to parents for the purpose of the children's physical preservation and development, as well as the cultivation of their intellect and the education of their heart and senses. As regards parental authority, there is no power, but a task; no complex of rights, but a sum of duties; no sovereignty but a sacred trust for the welfare of the minor. (Santos, Sr. v. Court of Appeals, G.R. No. 113054, March 16, 1995)

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May parental authority and responsibility be renounced or transferred?

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law.  The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children's home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same. (Tonog vs Court of Appeals, G.R. No. 122906, February 7, 2002)

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In case of absence, death or remarriage of either parent, who shall exercise parental authority?

The law, as a rule, provides for joint parental authority of parents over their children. If one is absent or is already dead, the surviving spouse shall exercise parental authority. If the surviving spouse remarries, he or she retains parental authority over the children, unless the court appoints another person to act as guardian over the persons and property of the children. (see Art. 212, Family Code)

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In case of separation of parents, who shall exercise parental authority?

In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. (Art. 213, Family Code)

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Who has parental authority and custody over illegitimate children?

■ Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.” (Art. 176, Family Code)

 ■ An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. (Joey Briones vs. Maricel Miguel et al., G.R. No. 156343, October 18, 2004)

■ The fact that the illegitimate child was recognized by the father could be a ground for ordering the latter to give support to, but not custody of, the child. (David v. Court of Appeals, G.R. No. 111180, November 16, 1995)

■ The law explicitly confers to the mother sole parental authority over an illegitimate child; it follows that only if she defaults can the father assume custody and authority over the minor.Of course, the putative father may adopt his own illegitimate child; in such a case, the child shall be considered a legitimate child of the adoptive parent. (Briones vs. Miguel et al., ibid.)

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In custody disputes, what is the paramount criterion?

■ In all cases involving a child, his interest and welfare is always the paramount consideration. (Silva vs Court of Appeals, G.R. No. 114742, July 17, 1997) 


■ The Convention on the Rights of the Child provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

The principle of best interest of the child pervades Philippine cases involving adoption, guardianship, support, personal status, minors in conflict with the law, and child custody. In these cases, it has long been recognized that in choosing the parent to whom custody is given, the welfare of the minors should always be the paramount consideration. (Gualberto vs Gualberto, G.R. No. 154994, June 28, 2005)

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