Support Pendente Lite (Rule 61)

Purpose Provisional remedy where the amount of

support is provisionally fixed by the court
in favor of the person or persons entitled
thereto during the pendency of an action
for support or any applicable principal
action (Riano, 2016)
Who may file Any party in interest
Subject Matter Support (Real or personal property)
When applied / Granted Support pendente lite may be applied for
at the commencement of the proper
action or proceeding, or at any time prior
to the judgment or final order (Sec 1, Rule
61, Rules of Court)
How applied for 1. Applicant must file a verified
complaint. Which shall state that:
(a) Grounds for the claim
(b) Financial conditions of both parties.
- Verified complaint must be
accompanied by:
(a) Affidavits; or
(b) Depositions; or
(c) other authentic documents in support
thereof
(Sec 1, Rule 61, Rules of Court)

If the right to support is put in issue in the

pleadings or the fact from which the right to
support arises as not been established, the court
cannot grant support pendente lite. (Francisco
v. Zandueta)

2. Adverse party shall be asked to

comment w/in five (5) days from the
service upon him.
- Comment shall be verified and
accompanied by:
(a) Affidavits; or
(b) Depositions; or
(c) other authentic documents in support
thereof
(Sec 2, Rule 61, Rules of Court)

3. After complaint is filed, shall be set for

hearing w/in 3 days thereafter.
 - Facts in the issue shall be proved in the
same manner as provided for evidence
in motion.

4. If the application is granted, the court

shall:
(a) Fix the amount of money to be
provisionally paid.
- Provisional means that it is not final in
character and can be modified depending on the
changing conditions affecting the ability of the
obligor to pay.

(b) Other forms of support as should be

provided.

Taking into account the:

- Necessity of the applicant
- The resources or means of the adverse
party
- Terms of payment or mode for providing
support

If the application is denied, the principal

case shall be tried and decided as early
as possible. (Sec 4, Rule 61, Rules of
court)

Requirement of a Hearing REQUIRED. Cannot be granted Ex Parte.

Who may Grant Court where the Principal Action is
pending
Enforcement of the order 1. The adverse party has to comply
with the order to give support.

If he does not, an order of exectution

shall be issued by the court against
him either:
(a) Motu proprio
(b) Upon motion.
- While an order for support pendente lite
is merely interlocutory, the order is subject to
issuance of an order of execution when the
person ordered fails or refuses to give support.

He may likewise be held in contempt.

Restitution When judgment finds that the person
giving support is not liable. The court
shall order:
GR. The recipient shall make a restitution
of what he received with legal interest
from the date of actual payment.
- w/o prejudice to the right of the
recipient to obtain
reimbursement in a separate
action against the person
legally obliged to give support.

EX. Should the recipient failed to do so,

The person who gave support may file
an action against the person legally
obliged to give such support.