Art. 303. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304 

Art. 304. The foregoing provisions shall be applicable to other cases where, in virtue of this Code or of any other law, by will, or by stipulation there is a right to receive support, save what is stipulated, ordered by the testator or provided by law for the special case. 

Discussion:

Art. 302. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 302. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. 

Discussion:

 

Art. 301. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 301. The right to receive support cannot be renounced; nor can it be transmitted to a third person. Neither can it be compensated with what the recipient owes the obligor.

However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title.

Discussion:

Art. 300. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 300. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. 

Discussion:

 

Art. 299. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house 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. 

 

Discussion:

1. Option Given to Supporter

The person obliged to give support (not the recipient) is given an option:

a.       To pay the allowance fixed

b.      To receive and maintain the recipient in the family dwelling.

c.        

2. Characteristics of the Option

a. The option is not absolute (that is, he cannot choose to keep the recipient in his house if there is a moral or legal obstacle thereto.)

 

Examples of Obstacle:

1. The fact that man is married to woman who is not the mother of his illegitimate child, said child, being the recipient.
2. The fact that the husband maltreated the wife and as consequence she was compelled to leave conjugal abode.
3. When a father offers to bring his child to his own home as a result of his being pressed for overdue allowances, and it is shown that the father had previously treated the child severely. Here the Court said that the child would not find in the father’s home so vitally necessary for unhampered development and for the assurances of his future.
4. The fact that the father is criminally guilty for seduction.

 

b. The option may be waived

        If the husband has already agreed that his wife would have the care and custody of their minor children, obligating himself to pay for their support and maintenance, there is a waiver of his right to exercise his option, and therefore he cannot now ask that the minor children be transferred to his home.

3. Meaning of “Obstacle”

Art. 298. Title IX. Support of The Civil Code of The Philippines

Art. 298. 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 it is extrajudicial demanded.

Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance.

Discussion:

 

The law says that support should be paid, under the premises given, from the date of extrajudicial demand. Where the Court held that the support must be paid, not necessarily from the time the child was born, but from the date extrajudicial demand.

 

An action for support may still prosper despite an error in selecting a more favorable venue.

Judgment for support does not prescribe, but installments do prescribe if uncollected; remedy is motion for execution.

 

If the case involves past, present, and future, support, it should be noted that Future Support is also asked for. This is something on which there can be No Compromise. It is still in the interest of substantial justice, the plaintiffs should be allowed to amend. This is not lack of jurisdiction; this merely seeks to complete the statement of a cause of action.

Art. 297. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

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

Discussion:

 

1. Proportionate Support:

                As much possible, the law does not want to encourage separation of the spouses. Therefore a large amount of separation maintenance is rarely given.

 

2. Change in amount of Support:

                The allowance may be changed by the court in case sufficient reasons exist for the change. Excessive payments made under valid although erroneous orders cannot compensate or offset claims for current support.

 

                In view of the fact that the amount of support granted in a judgment may still be changed from time to time, in this sense the judgment for support never becomes final.

 

                Whether or not the spouse asking for support is engaged in gainful occupation is immaterial; what is important is if still needs financial assistance.