by Nitzshell Torres – Dela Torre
Title VIII – SUPPORT
Article 204.
The persons obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has the right to receive support. The latter alternative cannot be availed in case there is moral or legal obstacle thereof.
OPTION. The right to elect the manner in which this support shall be given is a right conferred by law upon the person whose duty it is to give such support. However, this right is not absolute as to prevent cases belong considered wherein, either because this right would be opposed to the exercise of preferential right or because of the existence of some of the justifiable cause morally opposed to the removal of the party enjoying the maintenance, the right of selection must thereby be restricted. It has been held that the wife, who is forced to leave the conjugal abode by her husband, without fault on her part, may maintain an action against the husband for separate maintenance when she has no other remedy, notwithstanding the provision of the law giving the person who is obliged to furnish the support the option to satisfy it either by paying a fixed pension or by receiving and maintaining in his home the one having the right to the same.
(Case Digest : Mangonon vs CA GR 125041)
G.R. No. 125041 June 30, 2006
MANGONON V. CA
FACTS:
On 16 February 1975, petitioner and respondent Federico Delgado were civilly married by then City Court Judge Eleuterio Agudo in Legaspi City, Albay. At that time, petitioner was only 21 years old while respondent Federico was only 19 years old. As the marriage was solemnized without the required consent per Article 85 of the New Civil Code, it was annulled on 11 August 1975 by the Quezon City Juvenile and Domestic Relations Court.
25 March 1976, or within seven months after the annulment of their marriage, petitioner gave birth to twins Rica and Rina. According to petitioner, she, with the assistance of her second husband Danny Mangonon, raised her twin daughters as private respondents had totally abandoned them.
Rica and Rina were about to enter college in the United States of America (USA) where petitioner, together with her daughters and second husband, had moved to and finally settled in. Rica was admitted to the University of Massachusetts (Amherst) while Rina was accepted by the Long Island University and Western New England College. Despite their admissions to said universities, Rica and Rina were, however, financially incapable of pursuing collegiate education because of the following:
- a) The average annual cost for college education in the US is about US$22,000/year or a total of US$44,000.00, more or less, for both Rica and Rina
- b) Rica and Rina need general maintenance support each in the amount of US$3,000.00 per year or a total of US$6,000 per year.
- c) Unfortunately, petitioner’s monthly income from her 2 jobs is merely US$1,200 after taxes which she can hardly give general support to Rica and Rina, much less their required college educational support
- d) Neither can petitioner’s present husband be compelled to share in the general support and college education of Rica and Rina since he has his own son with petitioner and own daughter (also in college) to attend to.
- e) Worse, Rica and Rina’s petitions for Federal Student Aid have been rejected by the U.S. Department of Education.
On 17 March 1994, petitioner Ma. Belen B. Mangonon filed, in behalf of her then minor children Rica and Rina, a Petition for Declaration of Legitimacy and Support, with application for support pendente lite with the RTC Makati
Petitioner averred that demands were made upon Federico and the latter’s father, Francisco, for general support and for the payment of the required college education of Rica and Rina. The twin sisters even exerted efforts to work out a settlement concerning these matter swith respondent Federico and respondent Francisco, the latter being generally known to be financially well-off.
ISSUE: Whether or not, respondent Francisco Delgado be held liable for her granddaughter’s educational support
HELD:
ART. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:(1) The spouse;(2) The descendants in the nearest degree;(3) The ascendants in the nearest degree; and (4) The brothers and sisters.
There being prima facie evidence showing that petitioner and respondent Federico are the parents of Rica and Rina, petitioner and respondent Federico are primarily charged to support their children’s college education but being restricted by their financial income-respondent Francisco, as the next immediate relative of Rica and Rina, is tasked to give support to his granddaughters in default of their parents, it having been established that respondent Francisco has the financial means to support his granddaughters’ education.
Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support.
The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. The obligor is given the choice as to how he could dispense his obligation to give support. Respondent Francisco and Federico’s claim that they have the option under the law as to how they could perform their obligation to support Rica and Rina, respondent Francisco insists that Rica and Rina should move here to the Philippines to study in any of the local universities. Thus, he may give the determined amount of support to the claimant or he may allow the latter to stay in the family dwelling. This option cannot be availed of in this case since there are circumstances, legal or moral, between respondent and petitioner which should be considered. Respondent Francisco is held liable for half of the amount of school expenses incurred by Rica and Rina as support pendent lite. As established by petitioner, respondent Francisco has the financial resources to pay this amount given his various business endeavors, thus the amount of support should be proportionate to the resources or means of the giver and to the necessities of the recipient. The Decision of the Court of Appeals fixing the amount of support pendente lite to P5,000.00 for Rebecca Angela and Regina
Isabel, are hereby MODIFIED in that respondent Francisco Delgado is hereby held liable for support pendente lite in the amount to be determined by the trial court pursuant to this Decision.**Considering, however, that the twin sisters may have already been done with their education by the time of the promulgation of this decision, we deem it proper to award support pendente lite in arrears to be computed from the time they entered college untilthey had finished their respective studies.
NOTES:**mayaman si lolo kasiiii (respondent Francisco is the majority stockholder and Chairman of the Board of Directors of Citadel Commercial, Incorporated, which owns and manages twelve gasoline stations, substantial real estate, and is engaged in shipping, brokerage and freight forwarding. He is also the majority stockholder and Chairman of the Board of Directors of Citadel Shipping which does business with Hyundai of Korea. Apart from these, healso owns the Citadel Corporation which, in turn, owns real properties in different parts of the country. He is likewise the Chairman of the Board of Directors of Isla Communication Co. and he owns shares of stocks of Citadel Holdings. In addition, he owns real properties here and abroad.
What is 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.
PERSONS AND FAMILY RELATIONS 