Define 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. 194, FC)
Who are obliged to
give support?
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. 195, FC)
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, FC)
What properties are
answerable for the 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, FC)
What is the effect of
an action for legal separation or for annulment of marriage, and for the
declaration of nullity of marriage upon the obligation 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, FC)
Whenever two or more
persons are obliged to give support, what is the order of liability that shall
be followed?
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. (Art. 199, FC)
What rules shall
govern when two or more persons are obliged to give support?
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. (Art. 200, FC)
What rules shall
govern when two or more recipients at the same time claim support from the same
person who does not have sufficient means to satisfy all claims?
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,
FC)
Amount of support
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. (Art. 201, FC)
How shall the amount of support be
determined, reduced or increase in cases referred to in Arts. 195 and 196 of
the FC?
The amount of support,
in the cases referred to in Arts. 195 and 196 of the FC, 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. (Art. 202. FC)
Furthermore, in cases
of contractual support, such support shall be subject to adjustment
whenever modification is necessary due to changes of circumstances manifestly
beyond the contemplation of the parties.
Under the FC, when and
how shall support be claimed and paid?
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 extra-judicial 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 or when the recipient
dies, his heirs shall not be obliged to return what he has received in advance. (Art.
203, FC)
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, FC)
May the right to
receive support my be levied upon on 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,
FC)
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,
FC)
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. (Art. 206, FC)
What is the right of
any third person who furnished support to the needy individual when the person
obliged to give support another unjustly refuses or fails to give support when
urgently needed by the latter?
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. (Art. 207, FC)
Contractual support
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. (Art. 208, FC)
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