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.

Art. 296. Title IX. Support of The Civil Code of The Philippines

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

Art. 296. The amount of support, in the cases referred to in the five numbers of articles 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Discussion:

 

Art. 295. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX Support Art. 290-304

Art. 295. 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.

 

Discussion:

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

Art. 294. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX Support Art. 290-304

Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed.

 

Discussion:

a.     If the relationship is in issue, there should be no support while the litigation is pending till the relationship is clearly established.

b.      Abandonment of the child by the parent is cause for the ceasing of the obligation of the former to support the latter, no matter how financially desperate is the present situation of said parent.

c.       If the child is adulterous child of the wife, the husband is not duty-bound to support said child, and evidence of the commission of said adultery may be given as a defense in an action for support by the child. If the husband be unable to prove the adultery, the child is presumed to be his, and would therefore entitle to support.

d.      If the child has property of his own, his father, as guardian, can charged expenses for the child’s property because, while it is true that a father must support his child, still the right of support does not arise from the mere relationship but from imperative necessity. If the child has sufficient property of his own, his right to be supported does not exist.

e.      The term “Descendants” should be understood to refer only to “legitimate descendants,” for had the intention of the law been otherwise, the law would have adopted used in Nos.3 and 4.

Art. 293. Title IX. Support of The Civil Code of The Philippines

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

Art. 293. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails.

Discussion:

                Where the duty to support is admitted, but spite of demands, the duty is not compiled wit, and the person to be supported has to resort to court for the enforcement of his right, the person obliged to give support must pay reasonable attorney’s fees. Indeed, in action for legal support, even in the absence of stipulation, attorney’s fees are recoverable.

Art. 292. Title IX. Support of The Civil Code of The Philippines

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

Art. 292. During the proceedings for legal separation, or for annulment of marriage, the spouses and children shall be supported from the conjugal partnership property. After the final judgment of legal separation, or of annulment of marriage, 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, the judgment specifying the terms of such order.

 

Discussion:

                The spouses and their children shall be supported from the community or conjugal property during the pendency of the proceedings­­­;

 

1.   For Legal separation; or
2. For annulment of marriage; or
3.  For declaration of nullity of marriage.

 

After final judgment granting legal separation, annulling the marriage or declaring the marriage null or void, the obligation of mutual support between the spouses shall cease except;

1. That their children shall continue to be supported by them; and 
2. In case of legal separation, the guilty spouse may be judicially ordered to give support to the innocent spouse.

Art.291 Title IX. Support of the Civil Code of the Philippines

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

A Sister Supporting Her Sibling to be Educate

Art. 291. The following are obliged to support each other to the whole extent set forth in the preceding article:

Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training.

Discussion:

The above article clearly applies to brothers and sisters who are “not legitimately related” to each other and therefore the exception above will also apply to these brothers and sisters, that is, support will cease when a brother or a sister has reached the age of majority and his or her need for support is due to the cause imputable to his or her fault or negligence.

Article.290 Title IX. Support of The Civil Code of the Philippines

Main Topic: Title IX Articles 290-304

Art. 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family.

Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority.

Discussion:

1. Support Maybe:

1.Natural (bare necessities of life), which is completely indispensable for recipient to survive;

2.Civilly (in accordance with financial standing), which is necessary according to the civil and social life of the recipient;

3.  Legal from (provisions of law), provided by the law;

4.Voluntary (from agreement or from provision of a will), created by will of man, also called contractual support which is governed by law the law on obligations and contracts;

5. Inter-vivos, during one’s lifetime;

6.  Mortis causa, created by will;

7. Permanent, characterized by regularity;

8. Temporary, like support pending litigation (support pendent lite)

9. General, to meet all the needs of the recipient; and

10.Special or Specific, as when it refers to one’s need for education

2. Support Includes:

          a. Food or sustenance

  b. Dwelling or Shelter

  c. Clothing

  d. Medical Attendance

  e. Education

3. Effect of Reaching Age of Majority

Support for education shall continue up to the completion of one’s course, even beyond the age of majority. If a person is of age and no longer studies, she/he is still entitled to support unless there are just reasons for the extinguishment of the right. If on the other hand, he has not yet finished his/her studies even if already of age, he/she is still entitled generally to be supported. Of course, if the person supporting dies, the obligation stops.