Thesis:
Petitioner questioned and tried to stay the writ of execution for support issued by the respondent judge on the ground that he appealed and there is no good reason for its immediate enforcement, among others.
Facts:
Respondent Bernadette instituted a complaint against petitioner for support and pendente lite against petitioner for she was worried she could no longer support and send her daughter to school. The said child was the “love child” of her and petitioner. Petitioner denied paternity and failed to answer within the reglementary period and was declared in default. Trial Court adequately proved the claim of filiation and support and ordered Petitioner to support.
RTC orders:
- Recognize Francheska as his illegitimate child
- support her with P20,000 every month
- Pay arrears of P20,000 per month from birth
- P50,000 attorney’s fees, P25,000 expenses for litigation
- P20,000 alimony pendente lite if he pursue further remedies
- Sheriff levied motor vehicle, Honda City
| Petitioner | Respondent |
| Before RTCBirth Record says father is “uknown”Before CARTC gravely abusedAbsence of good reason for the writJudgment not finalHighly meritorious defenseNo notice of writ, only after scheduled hearingDemanded to submit under DNA testing | In need for schooling |
Issue:
Should the writ of execution for support be stayed?
Ruling:
No. Writ of execution for support are immediately executory and cannot be stayed by an appeal.
plain words of a legal provision we should make no further explanation. Trial Court’s evidence are sufficient and does not call for a need of DNA testing.
Quintessence:
too much temporizing in the execution of the writ which must not be allowed to thwart the constitutional mandate for speedy disposition of cases. a technicality should be an aid to justice and not its great hindrance and chief enemy. In all cases involving a child, his interest and welfare are always the paramount concerns.
If “unknown” does not mean support is to be witheld. You can have compromise agreement for support, or the court can order the employer to deduct the support from the salary.
English