Provisional Remedies

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)