An illegitimate child is entitled to support pendente lite from their parent. The petitioner filed for support for her minor child Alfie from the private respondent. The trial court ordered the private respondent to pay monthly support, but he appealed. The Court of Appeals annulled the trial court's order. The Supreme Court reinstates the trial court's order, finding that the petitioner had provisionally established the private respondent as the father of the illegitimate child Alfie through affidavits and a birth certificate, making the child entitled to support pendente lite.
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An illegitimate child is entitled to support pendente lite from their parent. The petitioner filed for support for her minor child Alfie from the private respondent. The trial court ordered the private respondent to pay monthly support, but he appealed. The Court of Appeals annulled the trial court's order. The Supreme Court reinstates the trial court's order, finding that the petitioner had provisionally established the private respondent as the father of the illegitimate child Alfie through affidavits and a birth certificate, making the child entitled to support pendente lite.
An illegitimate child is entitled to support pendente lite from their parent. The petitioner filed for support for her minor child Alfie from the private respondent. The trial court ordered the private respondent to pay monthly support, but he appealed. The Court of Appeals annulled the trial court's order. The Supreme Court reinstates the trial court's order, finding that the petitioner had provisionally established the private respondent as the father of the illegitimate child Alfie through affidavits and a birth certificate, making the child entitled to support pendente lite.
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An illegitimate child is entitled to support pendente lite from their parent. The petitioner filed for support for her minor child Alfie from the private respondent. The trial court ordered the private respondent to pay monthly support, but he appealed. The Court of Appeals annulled the trial court's order. The Supreme Court reinstates the trial court's order, finding that the petitioner had provisionally established the private respondent as the father of the illegitimate child Alfie through affidavits and a birth certificate, making the child entitled to support pendente lite.
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Noliver F. Barrido Atty.
Tranquil Salvador III PLM Juris Doctor Provisional Remedies _______________________________________________________________________________________________ SUPPORT PENDENTE LITE EDNA PADILLA MANGULABNAN as guardian ad litem for minor ALFIE ANGELO ACERO vs. THE HONORABLE INTERMEDIATE APPELLATE COURT AND AMBROCIO TAN CHEW ACERO G.R. No. 71994 May 31, 1990 Facts: Petitioner filed in the RTC of Quezon City an action for actual, compensatory and moral damages and support for her child Alfie Angelo. Pending the litigation an application for support pendente lite was filed to which an opposition was filed by private respondent. In November 1984 the trial court ordered private respondent to pay monthly support in the amount of P1,500.00 to the minor child, Alfie. Private respondent moved for reconsideration but his motion was denied. Hence, a petition for certiorari was filed in the Court of Appeals questioning the said order of the trial court. The petition was granted and the orders of the trial court were annulled without pronouncement as to costs. A motion for reconsideration thereof filed by petitioner was denied. Issue: Whether or not an illegitimate child is entitled to a support pendente lite. Ratio: Article 291 of the Civil Code provides as follows: ART 291. The following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and acknowledged natural children and the legitimate descendants of the latter; (4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter; (5) Parents and illegitimate children who are not natural. Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half blood, the necessaries of life when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training. From the foregoing provision it is clear that parents and illegitimate children who are not natural children are also obliged to support each other as specified in paragraph No. 5 above cited. It is to be distinguished from the obligation to support each other as between the parents and acknowledged natural children and the legitimate or illegitimate children of the latter; and that between parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter under paragraphs (3) and (4) above cited. Under Article 287 of the Civil Code it is provided: ART. 287. Illegitimate children other than natural in accordance with Article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. In this case petitioner established the paternity of the child, Alfie not only by her own affidavit but also by the affidavits of two (2) witnesses. In addition thereto petitioner submitted a birth certificate of the child. The private respondent claims that the same is spurious as it was sworn before a notary public in Manila when the child was born in Cavite Maternity Clinic in Las Pinas Rizal. There must be a declaration of the status of the child from which the right to support is derived and before support can be ordered. Such a declaration may be provisional, that is, by affidavits. The requirement for recognition by the father or mother jointly or by only one of them as provided by law refers in particular to a natural child under Article 276 of the Civil Code. Such a child is presumed to be the natural child of the parents recognizing it who had the legal capacity to contract marriage at the time of conception. Thus, an illegitimate child like the minor Alfie in this case whose father, the private respondent herein, is married and had no legal capacity to contract marriage at the time of his conception is not a natural child but an illegitimate child or spurious child in which case recognition is not required before support may be granted. However, under Article 887 of the Civil Code, in all cases of illegitimate children, their filiation must be proved. Such filiation may be proved by the voluntary or compulsory recognition of the illegitimate (spurious child). Recognition is voluntary when
made in the record of birth, a will, a statement before a court of record or in any authentic writing. 7 It is compulsory when by court action the child brings out his recognition. As above related the affidavits of petitioner and the two (2) witnesses were presented to prove the paternity of the child, and a birth certificate was also presented to corroborate the same. The Court agrees with the court a quo that the status of the minor child had been provisionally established. Held: The petition is GRANTED.
G.R. No. 114167 July 12, 1995 Coastwise Lighterage Corporation, Petitioner, Vs - Court of Appeals and The Philippine General Insurance Company, Respondents
