Section 1. Application.

 At the commencement of the proper action or proceeding, or

 at any time prior to the judgment or final order,

a verified application for support pendente lite may be filed by ANY PARTY
stating

 the grounds for the claim and

 the financial conditions of both parties, and

accompanied by

o affidavits,
o depositions or
o other authentic documents in support thereof.
Section 2. Comment. —

A copy of the application and

all supporting documents

shall be served upon the adverse party,

who shall have five (5) days to comment thereon

 unless a different period is fixed by the court upon his motion.

The comment shall be

VERIFIED and shall be accompanied by

o affidavits,
o depositions or
o other authentic documents in support thereof.
Section 3. Hearing. —

 After the comment is filed, or

 after the expiration of the period for its filing,

SET FOR
the application shall be

HEARING .

 not more than three (3) days thereafter.

The facts in issue shall be proved

 in the same manner as is provided for evidence on motions. (4a)

Section 4. Order. —

The court shall (D,S,H,S)

 determine provisionally the pertinent facts, and

 shall render such orders as justice and equity may require,
 having the regard to the probable outcome of the case and
 such other circumstances as may aid in the proper resolution of the
question involved.

If the application is GRANTED,

the court shall

 fix the amount of money to be provisionally paid

 or such other forms of support as should be provided,

taking into account (N, R/M, T ,M)

 the necessities of the applicant and

 the resources or means of the adverse party, and
 the terms of payment or
 mode for providing the support.

If the application is DENIED,

 the PRINCIPAL CASE shall be TRIED AND DECIDED as early as
possible.

Section 5. Enforcement of order. —

If the adverse party FAILS TO COMPLY

 with an order granting support pendente lite,

 the court shall,
o motu proprio or
o upon motion;

issue an ORDER OF EXECUTION against him, without prejudice to his liability

for contempt.

When the person ordered to give support pendente lite refuses or fails
to do so,
any third person who furnished that support to the applicant may,

 after due notice and hearing in the same case

 obtain a WRIT OF EXECUTION to
o enforce his right of reimbursement against the person ordered to
provide such support.
Section 6. Support in criminal cases. —

In criminal actions where the civil liability includes support for the offspring as a
consequence of the crime

 and the civil aspect thereof has

o not been waived,
o reserved and

instituted prior to its filing,

the accused may be ordered to provide support pendente lite to the child born
to the offended party allegedly because of the crime.

The application therefor may be filed successively by the (O,P,G,G,S)

 offended party,
 her parents,
 grandparents or
 guardian and
 the State

in the corresponding criminal case during its pendency,

in accordance with the procedure established under this Rule.

Section 7. Restitution. —

When the judgment or final order of the court finds that the person who has been
providing support pendente lite is not liable therefor,

it shall order the recipient thereof to return to the former the amounts already
paid

 with legal interest

 from the dates of actual payment,

without prejudice to the right of the recipient to

 obtain reimbursement in a separate action

 from the person legally obliged to give the support.

Should the recipient fail to reimburse said amounts,

 the person who provided the same may likewise seek reimbursement
thereof in a separate action from the person legally obliged to give such
support. (n)