Facts
In 1979, respondent Cheryl S. Lim (Cheryl) married Edward Lim (Edward), son of petitioners. Cheryl bore Edward three children, respondents Lester Edward, Candice Grace and Mariano III. Cheryl, Edward and their children resided at the house of petitioners in Forbes Park, Makati City, together with Edward’s ailing grandmother, Chua Giak and her husband Mariano Lim (Mariano). Edward’s family business, which provided him with a monthly salary of P6,000, shouldered the family expenses. Cheryl had no steady source of income.
On 14 October 1990, Cheryl abandoned the Forbes Park residence, bringing the children with her (then all minors), after a violent confrontation with Edward whom she caught with the in-house midwife of Chua Giak (mother of Edward) in what the trial court described “a very compromising situation”.
Cheryl, for herself and her children, sued petitioners, Edward, Chua Giak and Mariano (defendants) in the Regional Trial Court of Makati City, Branch 140 (trial court) for support. The trial court ordered Edward to provide monthly support of P6,000 pendente lite.
Issue
The issue is whether petitioners (grandparents of respondents) are concurrently (at the same time) liable with Edward to provide support to respondents.
Ruling
Yes Petitioners Liable to Provide Support but only to their Grandchildren. The liability of ascendants to provide legal support to their descendants is beyond cavil. Petitioners themselves admit as much — they limit their petition to the narrow question of when their liability is triggered, not if they are liable. Petitioners Prudencio and Filomena Lim are liable to provide support only to respondents Lester Edward, Candice Grace and Mariano III, all surnamed Lim.
Professor Pineda is of the view that grandchildren cannot demand support directly from their grandparents if they have parents (ascendants of nearest degree) who are capable of supporting them. This is so because we have to follow the order of support under Art. 199. Court agrees with this view.
There is no question that Cheryl is unable to discharge her obligation to provide sufficient legal support to her children, only that it is insufficient. This inability of Edward and Cheryl to sufficiently provide for their children shifts a portion of their obligation to the ascendants in the nearest degree, both in the paternal (petitioners) and maternal 19 lines, following the ordering in Article 199.
When are grandparents liable for the support of their grand children?
When their child cannot sufficiently support their grandchildren.
English