RULE 61

Support Pendente Lite

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 affidavits, depositions or other authentic documents in
support thereof. (1a)

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 affidavits, depositions or other authentic documents in support thereof.
(2a, 3a)

Section 3. Hearing. — After the comment is filed, or after the expiration of the period for its
filing, the application shall be set for 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 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
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. (5a)

Section 5. Enforcement of order. — If the adverse party fails to comply with an order
granting support pendente lite, the court shall, motu proprio or upon motion; issue an order of
execution against him, without prejudice to his liability for contempt. (6a)

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 enforce his right of reimbursement against the
person ordered to provide such support. (h)

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 not
been waived, 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 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. (n)

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)