Rule 61

Support Pendente Lite What is the quantum of evidence?

 Clear and Satisfactory evidence
Application
 When? What is the nature of the judgement in Support
o At the commencement Pendente Lite?
o At anytime prior to the judgement  Interlocutory and non-appealable
 What?
o A verified application for support What is the remedy for an adverse judgement?
pendente lite  Certiorari, since it is non-appealable
 Grounds for the claim and  Non-appealability may be waived by failure to
financial condition of both object. Salazar v. Salazar
 With affidavits, deposition
 Other authentic docs Order
 Who?  Provisionally determine the facts and take into
o ANY PARTY consideration the probable outcome
 The court shall fix the amount that shall be
Is the amount final? provisionally paid. Taking into account
 No, it is subject to the changing circumstances o the necessities of the applicant
of the party o the resources of the adverse party
 It lies with the discretion of the court o the tgerms of payment or mode of
providing support
May the appellate court grant support when the trial  If the application is denied the main case shall
court has refused? be decided ASAP.
 Yes, Ramos v. CA, 45 SCRA 604
Factors in determining support
What is the response of the Defendant?  Sec 2 Spousal Support
 A “Verified Comment” that should be attached o Absolute Community or Conjugal
with docs within 5 days after receipt Partnership
o Court may award based on their
When is hearing set? standard of living
 Within 3 days after filing of comment or o Other factors:
expiration of the period for filing.  WON they are the custodian of
the child
How is it proved?  The time needed to acquire
 The same way as the evidence for motions appropriate employment
 Duration of the marriage
Is it necessary to require the parties to go fully into the  Comparative financial
merits? resources
 No. It is not of course necessary to go fully into  Needs and obligation of each
the merits of the case, it being sufficient that  Services of each in the
the court ascertain the kind and amount of marriage
evidence which it may deem sufficient to  Age and health
enable it to justly resolve the application, one  Physical and mental health
way or the other, in view of the mere  Ability to give support
provisional character of the resolution to be  Other equitable factors
entered. Ramos v. Court of Appeals, 45 SCRA  Sec 3 Child Support
604 o The financial sources of custodian and
 But the defendant should be given the non-custodian parent
opportunity to prove his evidence. o Physical and emotional health
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 o Standard of living the child is
accustomed to
o Non-monetary contributions of the
parents
What does support mean?
 Art. 194 of the Family code states, Support
comprises everything indispensable for
sustenance, dwelling, clothing, medical
attendance, education and transportation, in
keeping with the financial capacity of the
family.
Who are obliged to support each other?
 Art. 195.
1. The spouses;
2. Legitimate ascendants and
descendants;
3. Parents and their legitimate children
and the legitimate and illegitimate
children of the latter;
4. Parents and their illegitimate children
and the legitimate and illegitimate
children of the latter; and
5. Legitimate brothers and sisters,
whether of full or half-blood.
 Art 196. Brothers and sisters not legitimately
related, whether of the full or half-blood, are
likewise bound to support each other to the full
extent set forth in Article 194, except only when
the need for support of the brother or sister,
being of age, is due to a cause imputable to the
claimant's fault or negligence.
Enforcement
What happens to refusal?
 If adverse party fails to comply support, motu
proprio or upon request, issue an order of
execution. AND contempt
 If another person complies with the Support
o He may, after due notice and hearing
o Obtain a Writ of Execution
 Note: the previous law qualified those who can
be cited for contempt to have the means to
support but refuises to pay, the new law erases
that.
Support in Criminal Cases
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 What?
o Criminal case with Support as civil
liability
o Civil aspect not waived, reserved or
instituted separately
 Who can file successively?
o Offended party
o Parents
o Grandparents
o Guardian
o State
Restitution
What if the court finally adjudge not liable?
 When the courts find that the one providing for
support is not liable thereof, it shall order the
applicant to return to the former the amounts
already paid with legal interest from the
dates of actual payment.
 The applicant may go after the person actually
liable.
 If the applicant fails to give back, the person
wrongfully charged to give support may go
after the person actually liable to give support.
Discussion 3/21/2019
If he violates it every month, then you can ask for
another order of contempt since these are considered
different
In Mangoma_v._Macadaeg, the father was charging
for the adulterous relationship thus the court did not
grant the Support because it could be a product of
spourious relationship
But I disagree because the presumption here is
legitimacy. Even if there is
Support Execution does not expire.

Rule 59
Receivership
SEC 1 Appointment of Receiver
What?
 Verified Application
When?
 Sec 1 a Subject of Litigation
o When the person has an interest in the
property or fund which is the subject of
litigation
o When such property or fund under
litigation is in danger of being
 Lost
 Removed or
 Materially Injured
o Unless a receiver is appointed.
 Sec 1 b Mortgage
o When it appears from the actions of the
mortgagee for the foreclosure, that the
property is in danger of being wasted or
dissipated or materially injured, and
that its value is insufficient to discharge
the mortgage debt.
o When stipulated.
 Sec 1 c After Judgement
o To preserve the property during the
pendency of an appeal.
o To dispose of it according to the
judgement, or
o To aid execution
 Sec 1 d Most Convenient
During the pendency of a case, the appellate court
may allow a filing of receivership in the court of origin.
MTC can now appoint a receiver.
Defined: A person who is a representative of the court,
appointed for the purpose of conserving and
preserving the property in litigation and prevent its
possible destruction in the hands of either parties.
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It is inherent in the office of a receiver not only that he
should act at all times with the diligence and prudence
of a good father of a family but should also not to incur
any obligation or expenditure without leave of court
and it is the responsibility of the court to supervise the
receiver and see to it that he adheres to the above
standard of his trust and limits the expenses of the
receivership to the minimum.
The receiver is not the representative of any of the
parties but of all of them to the end that their interests
may be equally protected with the least possible
inconvenience and expense.
Qualifications:
 GR: should not be related to the parties,
indifferent to the parties, should be impartial
and disinterested.
 EXP:
o Agreement of Parties
o Family Code, abandoned spouse may
petition for receivership.
o Sec 41, Rule 39 ROC, appoint the
sheriff
When may a receiver be appointed?
1. An actual interest in it; and
2. That
o Such property is in danger of being lost,
removed or materially injured; or
o Whenever it appears to be the most
convenient and feasible means of
preserving or administering the
property in litigation.
Is Receivership an Absolute Right?
 NO, it depends on the sound discretion of the
court and the fact and circ of the case.
APPEAL
 The appeal deprives the trial court jurisdiction
 BUT, said court retains jurisdiction as regards
the preservation of the property under litigation
and involved in the appeal, including
necessarily the authority to appoint a receiver
who has the power to take and keep
possession of the property in controversy. The
appointment of the receiver,with order to
deliver possession to him of the properties do
not touch upon, much less decide the question
 of possession. It merely means that pending
appeal and to preserve the property and keep
the rents, the trial court through its officer, the
receiver, would take possession.(Acuna, et al.
v. Hon. Caluag, et al., 101 Phil. 446, April 30,
1957.)
What should be the subject of the Receivership?
 The property should be under litigation.
Will the receivership apply to deprive someone who is
in possession of the property?
 NO
PARTITION
While in a partition proceeding it is generally
unnecessary for the court to appoint a receiver,
however, where the relations among the co-owners
are strained, and no satisfactory arrangement for
administration can be accomplished, the appointment
of a receiver is not an abuse of discretion.
SEC 2 BOND
The new rule does not allow ex-parte application and
requires the posting of a bond.
SEC 3 DENIAL or DISCHARGE
 The adverse party may file a counterbond in
order to discharge
 Also by showing the appointment of a receiver
was
 obtained without sufficient cause
What is the guiding principle of the receivership?
 The prevention of imminent danger
 If the plaintiff, in its petition for receivership fails
to present any evidence to establish the
requisite condition that the property is in
danger of being lost, removed or materially
injured, unless a receiver is appointed to guard
and preserve it, the petition for receivership will
be denied
 The appointment of a receiver is not proper
where the rights of the parties are still to be
determined by the court one of whom is in
possession of the property.
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CONSIDERATIONS
(a) whether or not the injury resulting from such
appointment would probably be greater than the injury
ensuing if the status quo is left undisturbed; and (b)
whether or not the appointment will imperil the interest
of others whose rights deserve as much a
consideration from the court as those of the person
requesting for receivership.
Can you appoint the Clerk of Court as receciver? NO.
SEC 4 OATH and BOND of Receiver
The appointment of a receiver creates no lien in favor
of any party applying for it; it gives no advantage or
preference to such parties over other claimants to the
property. It does not determine the rights of the parties
or prejudge the parties' purported rights in the main
suit
SEC 5 Service of Copies; effect of disapproval
What is the difference between Bond and Counter-
bond?
 The applicant's bond answers for damages
that the adverse party may suffer by reason
of the appointment of a receiver.
 The counter-bond by the oppositor is
conditioned upon the payment of all damages
which the applicant may suffer by reason of
the acts, omission or other matters in the
application for receivership.
SEC 6 GENERAL POWERS OF RECEIVER
Property is under Custodia Legis
Does the receiver have power to enter into contract?
NO, only WITH leave of court.
A receiver is to be regarded as the arm, officer or
representative of the court appointing him. The
custody of the receiver is the custody of the court. His
acts and possession are the acts and possession of
the court, and his contracts and liabilities are, in
contemplation of law, the contracts and liabilities of the
court. As a necessary consequence, a receiver is
subject to the control and supervision of the court at
every step in his management of the property or funds
placed in his hands. On the other hand, it is the duty
of the court to protect the possession of its receiver
and to prevent all interference with him in the
performance of his official functions and duties. So
thoroughly is this recognized, that it is well-settled that
any unauthorized interference with a receiver's
possession of the property committed to his charge, is
a contempt of the court by which he was appointed. It
is the relationship which exists between the court and
the receiver which has led to the general rule.
SEC 7 liability for REFUSAL or NEGLECT to deliver
property to receiver.
sustain by reason of the appointment of a receiver in
case the applicant shall have procured the
appointment without sufficient cause (Sec. 3), or
against the counter-bond posted by the party opposing
the appointment of the receiver, conditioned to pay all
the damages the applicant may suffer by reason of the
acts, omissions, or other matters in the application for
receivership.
"Where the damages were not for unlawful
appointment of a receiver, but for the receiver's
mismanagement, the liability of the sureties on the
bond could only be enforced by a separate action and
not by a mere motion in the receivership proceedings.”

What is the liability? COMPARISON

 May be punished for contempt and shall be
liable to the receiver for the money or the value right to damages for the right to damages
of the property and other things so refused or procuring the based on the negligence
neglected to be surrendered + damages appointment of a or misconduct of the
receiver without just receiver
SEC 8 TERMINATION cause
 Receivership may be dissolved when in the is statutory general principles of the
law.
opinion of the judge, its continuance is not
Damages may be
justified by the facts and circumstances of the
caused before the
case1 or when the court is convinced that it is receiver qualifies or
abused takes possession of the
 Termination cannot be exercised arbitrarily. property
 Failure to give notice is NOT jurisdictional Liability rests on the Rests on the negligence
statute or misconduct of the
To whom will receiver’s compensation be charged? receiver
Against the defeated party, or the prevailing litigant The person appointing The person appointing is
may be made to share, BUT charging solely against the receiver is not responsible in any
the funds under its receivership is WITHOUT legal responsible for the event.
justification. damage

SEC 9 Judgement includes recovery against The bond is given by the receiver
SURETY.
The liability arises from Receiver’s own negligence
It has been held that the procedure laid down in For the acts of the receiver after his appointment no
Section 20, Rule 57, in conjunction with this section, is one is responsible but himself and his sureties
to be followed only in the execution of a bond filed by
either party in the case where the receiver is appointed
but not in the execution of the receiver's bond which is
filed by the receiver himself and his surety. In other
words, the procedure outlined in Rule 57, Sec. 20, is
required to be followed only in proceedings against the
bond filed by the applicant for receivership, which
Discussion 3/21/2019
answers for the damages that the adverse party may
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The receiver should be a neutral person, he should not
be a representative of the parties, someone agreed
upon by the parties, where there is no bias.

When the bank goes bankrupt. It is akin to

Receivership.

In Central Sawmill v Alto Insurance:

Also, you have to show that there is grave irreparable

damage when there is no Receiver appointed.

It’s all about preserving the property during litigation.

So in attachment, it is a security for the judgement

Receivership, the subject of litigation you wish to
preserve
Replevin, it sort of the same as preservation

Look at the Replevin for these:

VAWC, TPO
Family Code
Writ of Amparo

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 Rule 60
Replevin

SEC 1 APPLICATION

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