Source of Support | Support | Marriage | FAMILY CODE

CIVIL LAW > III. FAMILY CODE > A. MARRIAGE > 9. SUPPORT > C. SOURCE OF SUPPORT

Under the Family Code of the Philippines, the legal basis and framework for support, particularly regarding its source, are set out in specific provisions. This discussion provides a comprehensive outline of the source of support within the context of marriage, as detailed in the Family Code of the Philippines.

I. Legal Basis for Support

Support in the context of family law is primarily governed by the Family Code of the Philippines (Executive Order No. 209), specifically Articles 194 to 208. This statutory framework lays out the rights, obligations, and sources of support between family members.

II. Definition and Scope of Support

Support encompasses everything essential for sustenance, including food, shelter, clothing, medical attendance, education, and transportation. Education includes schooling and training for a profession, trade, or vocation, even beyond the age of majority if the need persists. Transportation includes the expenses required to secure the essential means of support.

III. Obligations and Prioritization of Sources of Support

1. Persons Primarily Obliged to Support Article 195 of the Family Code identifies the individuals who are primarily obligated to provide support:

   • Spouses are mutually obligated to support each other.
   • Legitimate ascendants and descendants, whether legitimate or illegitimate, are bound to support each other.
   • Parents are obligated to support their legitimate and illegitimate children, as well as their legitimate and illegitimate parents.
   • Siblings, whether full or half-blood, must support each other under circumstances where other sources fail.

2. Order of Recourse for Support

   • If the resources of the family member primarily liable are insufficient, support may be sought from other family members, following a prescribed order:
     1. From the person primarily liable (e.g., a spouse for another spouse).
     2. If that individual cannot provide, then from ascendants or descendants, depending on proximity of relation.
     3. Only when all primary sources fail can support be extended from siblings.

IV. Source of Funds for Support

1. Joint Ownership of Conjugal Properties

   • If one spouse is legally obligated to provide support but lacks sufficient means, the support obligation may be fulfilled from their share of conjugal or community property, subject to the property regime applicable to the marriage (conjugal partnership or absolute community of property).

2. Separate Properties of the Spouses

   • In cases where the family home is community property, the family’s basic needs are prioritized over other uses. If the obligated spouse cannot fulfill the obligation through conjugal or community funds, they may use separate property to provide support. In such cases, however, the support provided should be reasonable and proportional to the separate estate’s value.

3. Forfeiture of Property During Judicial Separation

   • In cases of judicial separation of property, each spouse’s obligation to support the other persists to a degree necessary, even after the dissolution of the conjugal or community estate.

4. Priority in Conjugal Assets

   • In cases where conjugal properties are insufficient to cover both support obligations and family debts, support takes priority as it is considered a matter of public policy and moral obligation.

V. Judicial Enforcement of Support

When parties fail to voluntarily fulfill their obligations, support may be compelled through judicial action:

• A court may determine the appropriate amount based on the financial capacity of the obligor and the needs of the claimant.
• Temporary support may be granted while a case is pending, especially where minor children are involved.

VI. Modification or Termination of Support

1. Modification Due to Changed Circumstances

   • Support obligations are not static and may be adjusted by the court if circumstances materially change, affecting either the provider's ability to pay or the recipient's needs. For example, if the spouse required to pay support suffers significant financial setbacks or if the claimant becomes self-sufficient, support amounts may be modified.

2. Termination of Support Obligation

   • The obligation to provide support may end upon the following conditions:
     • Death of the obligated party.
     • Upon the remarriage of the spouse receiving support.
     • If the child for whom support is granted reaches the age of majority and becomes self-sufficient, unless still in education, in which case support may continue until education is completed.

VII. Enforcement of Support in Conjunction with Property Relations

1. Absolute Community of Property and Conjugal Partnership of Gains

   • In marriages governed by the Absolute Community of Property or Conjugal Partnership of Gains, the support obligation may be sourced from community or conjugal assets, respectively. This ensures that the needs of the family take precedence over other property arrangements.

2. Expenses as Part of Family Expenses

   • Article 70 of the Family Code specifies that support is classified under family expenses, and each spouse is responsible for contributing to these expenses in proportion to their respective incomes.

VIII. Support for Illegitimate Children and from Non-Custodial Parents

1. Support for Illegitimate Children

   • Parents are obligated to support illegitimate children, though the amount may vary according to their financial capacities.
   • The support obligation remains a primary liability, and in cases of cohabitation with another partner, a spouse's obligation to support legitimate family members still holds priority.

2. Support from Non-Custodial Parent in Case of Legal Separation

   • A spouse granted custody of the children following separation may enforce the support obligation from the non-custodial spouse through court intervention if the latter fails to comply.

IX. Support Obligations During Annulment, Legal Separation, or Dissolution of Marriage

1. Temporary Support During Annulment or Legal Separation Proceedings

   • Even when a marriage is dissolved, annulled, or declared null and void, the obligation to provide support remains for children and potentially for a spouse if justified. Temporary support may be ordered by the court, ensuring continuity in fulfilling the family’s needs during the process.

2. Support in Post-Marital Custody Arrangements

   • When a spouse is granted custody of the children, support from the other spouse continues as mandated by law to secure the welfare of the children.