Provisional Remedies; Support Pendente Lite (1999)

Before the RTC, A was charged with rape of his 16year old daughter. During the pendency of the
case, the daughter gave birth to a child allegedly as a consequence of the rape. Thereafter, she
asked the accused to support the child, and when he refused, the former filed a petition for
support pendente lite. The accused, however, insists that he cannot be made to give such support
arguing that there is as yet no finding as to his guilt. Would you agree with the trial court if it
denied the application for support pendente lite? Explain. (2%)
SUGGESTED ANSWER:
No. The provisional remedy of support pendente lite may be granted by the RTC in the criminal
action for rape. 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 or 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. (Sec. 6 of Rule 61.)

Provisional Remedies; Support Pendente Lite (2001)

Modesto was accused of seduction by Virginia, a poor, unemployed young girl, who has a child
by Modesto. Virginia was in dire need of pecuniary assistance to keep her child, not to say of
herself, alive. The criminal case is still pending in court and although the civil liability aspect of
the crime has not been waived or reserved for a separate civil action, the trial for the case was
foreseen to take two long years because of the heavily clogged court calendar before the
judgment may be rendered. If you were the lawyer of Virginia, what action should you take to
help Virginia in the meantime especially with the problem of feeding the child? (5%)
SUGGESTED ANSWER:
To help Virginia in the meantime, I would apply for Support Pendente Lite as provided in the
Rules. In criminal actions where the civil liability included support for the offspring as a
consequence of the crime and the civil aspect thereof has not been waived or reserved for a
separate civil action, the accused may be ordered to provide support pendente lite to the child
born to the offended party. (Sec. 6 of Rule 61).

(Bar 1981)
VX and her son, Mario, are plaintiffs in a case against WX for support . A month after the
filing of her complaint, plaintiffs asked the court for support pendete lite. WX opposes the
petition on the ground that Mario is not his son but the son of VX as a result of an adulterous
relationship. WX asks that he be given an opportunity to prove his defense. The court, ruling
that his defense is a matter of the main case, denies WX the opportunity to prove his defense
at that stage of the case and grants support pendent lite. Is the granting of such support pendent
lite correct or not? Give your reasons.
SUGGESTED ANSWER:
The granting of support pendete lite without a hearing is not correct. Under the Rules, the
application shall be set for hearing and a hearing shall be conducted (sec.3, rule 61, rules of
court).