Support

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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Manuel De Asis vs. Court of Appeals

 Facts:

In 1988, Vircel Andres, as legal guardian of Glen Camil Andres de Asis, filed an action for maintenance and support against the alleged father, Manuel De Asis. In his Answer, Manuel denied paternity of the said minor and theorized that he cannot therefore be required to provide support. Due to said denial, Vircel manifested that it was “futile and a useless exercise to claim support from defendant.” She, thus, withdrew the complaint subject to the condition that Manuel will not pursue his counterclaim. Manuel agreed and the trial court dismissed the case with prejudice. However in 1995, Vircel filed a similar complaint against Manuel, this time as the minor’s legal guardian/mother. Manuel moved to dismiss the case on the ground of res judicata but was denied by the trial court. The Court of Appeals upheld the denial.

Issue: 

Whether or not the action for support is barred by res judicata

Held:

The right to receive support can neither be renounced nor transmitted to a third person. Furthermore, future support cannot be the subject of a compromise. 

Article 2035, ibid, provides, that:

“No compromise upon the following questions shall be valid:

(1)  The civil status of persons;

(2)  The validity of a marriage or legal separation;

(3) Any ground for legal separation

(4) Future support;

(5) The jurisdiction of courts;

(6)  Future legitime.

The raison d’ etre behind the proscription against renunciation, transmission and/or compromise of the right to support is stated, thus:

“The right to support being founded upon the need of the recipient to maintain his existence, he is not entitled to renounce or transfer the right for this would mean sanctioning the voluntary giving up of life itself.  The right to life cannot be renounced; hence, support, which is the means to attain the former, cannot be renounced.

xxx

To allow renunciation or transmission or compensation of the family right of a person to support is virtually to allow either suicide or the conversion of the recipient to a public burden.  This is contrary to public policy.”

The manifestation of Vircel that she was withdrawing the case as it seemed futile to claim support from Manuel who denied his paternity over the child amounted to renunciation as it severed the vinculum that gives the minor, Glen Camil, the right to claim support from his putative parent, the petitioner. Furthermore, the agreement entered into between Manuel and Vircel for the dismissal of the complaint conditioned upon the dismissal of the counterclaim is in the nature of a compromise which cannot be countenanced. It violates the prohibition against any compromise of the right to support.

It is true that in order to claim support, filiation and/or paternity must first be shown between the claimant and the parent.  However, paternity and filiation or the lack of the same is a relationship that must be judicially established and it is for the court to declare its existence or absence.  It cannot be left to the will or agreement of the parties.

Although in the case under scrutiny, the admission may be binding upon the respondent, such an admission is at most evidentiary and does not conclusively establish the lack of filiation.

Neither are we persuaded by petitioner’s theory that the dismissal with prejudice of case has the effect of res judicata  on the subsequent case for support. The right to support cannot be waived or transferred to third parties and future support cannot be the subject of compromise. 

Notwithstanding the dismissal of case and the lower court’s pronouncement that such dismissal was with prejudice, the second action for support may still prosper. (Manuel de Asis vs. Court of Appeals, Hon. Jaime T. Hamoy and Glen Camil Andres De Asis represented by her mother/guardian, Vircel D. Asis, G.R. No. 127578.  February 15, 1999)

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