Support While an Annulment or Separation Case Is Pending

Article 49 reads:

Article 49 sits in the chapter on void and voidable marriages. For legal separation, Article 62 applies the same rule:

So in all three kinds of case, the court can settle support, custody and visits for the time the case runs.

From the common property first. Article 198 says:

The Rule on Provisional Orders, as quoted by the Supreme Court in Lim-Lua v. Lua, says the same: without an adequate written agreement, "the spouses may be supported from the properties of the absolute community or the conjugal partnership," and the court may award support to either spouse "based on their standard of living during the marriage."

In Lim-Lua v. Lua (2013), the Supreme Court explained that once a verified petition for nullity, annulment or legal separation is received, the court may grant support pendente lite on its own or on the verified application of a party, guardian or custodian, at any time before judgment. Because it is provisional, the court "does not need to delve fully into the merits of the case." The Court said: "It is enough that the facts be established by affidavits or other documentary evidence appearing in the record."

For children, the Rule on Provisional Orders, as quoted in Lim-Lua, lets the court consider:

1. the financial resources of the parent who has custody, the other parent and the child;
2. the child's physical and emotional health and special needs and aptitudes;
3. the standard of living the child is used to;
4. the non-monetary contributions the parents will make to the child's care.

The quoted rule also says the court may direct that the provisional support be deducted from the salary of the parent.

There is no fixed amount. Like all support, it is in proportion to the giver's means and the recipient's needs (Article 201), and it covers what Article 194 lists: sustenance, dwelling, clothing, medical attendance, education and transportation. The figures in Lim-Lua were set for one family and are not a standard rate.

Only for expenses related to the support the court ordered. In Lim-Lua, the husband deducted from unpaid support the price of two cars he bought for the children, their maintenance, travel and clothing. The Court allowed only medical and dental expenses and credit card purchases of groceries and dry goods. The other items "bear no relation to the judgment awarding support pendente lite."

Yes. Support is never fixed for good. In Lam v. Chua (2004), the Court said "the amount of support is by no means permanent," quoting an older ruling: "Judgment for support does not become final." Lim-Lua repeated the point and said requests to change the amount belong to the trial court handling the main case. See Can child support be increased or reduced?

Article 49 also covers custody and visits of the common children. The court gives "paramount consideration" to the children's welfare and to their choice of parent, as provided in Title IX. Title IX includes Article 213: the choice of a child over seven is considered, and no child under seven is separated from the mother unless the court finds compelling reasons. See Child custody under 7.

Article 198 continues: "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." Support for the children is a separate duty of the parents and does not end with the case (Article 195). See How much is child support?

These are made-up examples to show how the rules work. They are not advice for any real case.

Liza and Ed. Liza files a petition to declare her marriage void. She has no job and cares for their two children. She asks the court for support pendente lite, attaching affidavits and documents on Ed's income and the family's expenses. The court can order Ed to give monthly support while the case runs, without waiting for the trial to end.

Ruben. The court ordered Ruben to pay monthly support while his legal separation case is pending. Instead, he buys his son a motorbike and wants to deduct its price. Under Lim-Lua, only expenses related to the support ordered, such as food and medicine, can be credited.

Support pendente lite is asked for inside a court case, so a lawyer usually handles it together with the petition. Talk to a lawyer about the evidence of income and expenses, about custody and visits during the case, and about what to do if ordered support is not paid.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.