G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of the case, the couple entered into a compromise agreement to dissolve their absolute community of property. B ceded his right to their house and lot and all his shares in two business firms to G and their two children, aged 18 and 19.
B also opened a bank account in the amount of P3 million in the name of the two children to answer for their educational expenses until they finish their college degrees.
For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The Court approved the spouses’ agreement on September 8, 2000.
Suppose the business firms suffered reverses, rendering G unable to support herself and the children. Can G still ask for support pendente lite from B? Explain. (3%)
Suppose in late 2004 the two children had squandered the P3 million fund for their education before they could obtain their college degrees, can they ask for more support from B? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) Yes, G can ask for support pendente lite. (b) Yes, the children can ask for more educational support.
Under Articles 68 and 198 of the Family Code, spouses and children are entitled to support during marriage and nullity proceedings. Under Articles 194 and 202, educational support continues beyond majority based on need, while Article 2035 of the Civil Code prohibits the waiver or compromise of future support.
Here, because the nullity action is pending, marriage subsists and B remains liable for spousal support despite property dissolution. Also, because future support cannot be waived and remains variable based on need, the children can demand additional educational support.
Therefore, G can claim support pendente lite, and the children can ask for further educational support.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Articles 68 and 198 of the Family Code, why is a wife entitled to support pendente lite during a pending petition for nullity of marriage?
The marriage remains valid and subsisting during nullity proceedings until a final judgment is rendered, preserving the duty of mutual support.
Under Article 194 of the Family Code, until when does a parent's obligation to provide educational support to a child extend?
Parental obligation for educational support extends beyond the age of majority until the child finishes schooling or professional training.
Under Article 2035 of the Civil Code, what is the legal status of a compromise agreement that waives or limits future support?
Article 2035 explicitly declares any compromise or waiver regarding future support void ab initio.
Why may children who squandered a pre-funded educational bank account still demand further educational support from their father?
Support is subject to modification based on need and future support cannot be waived or compromised under the law.
Under Article 201 of the Family Code, how is the amount of support determined and adjusted over time?
Support is variable and fluctuates depending on the necessity of the recipient and the financial capacity of the giver.
Learn more about these topics
1. Support Pendente Lite
Under Article 68 and Article 198 of the Family Code, spouses are mutually bound to support each other during the subsistence of the marriage. When a petition for declaration of absolute nullity of marriage is pending, the marriage bond remains legally intact until a final decree of nullity is rendered by the court. Consequently, a spouse rendered unable to support herself due to unforeseen financial reverses retains the statutory right to apply for support pendente lite from the other spouse throughout the duration of the judicial proceedings.
2. Educational Support Extent
Under Article 194 and Article 198 of the Family Code, parental support encompasses everything indispensable for sustenance, dwelling, clothing, medical attendance, and education. Support for schooling or training for some profession, trade, or vocation extends even beyond the age of majority until the child completes or finishes education. Consequently, parents remain under a legal obligation to provide necessary educational support to their children who have reached majority age until they successfully earn their college degrees, provided the need exists.
3. Non-Compromise Future Support
Under Article 2035 of the Civil Code in relation to Article 201 of the Family Code, no compromise or renunciation shall be valid with respect to future support. Furthermore, the amount of support is never final or static, as it is inherently variable and subject to modification whenever the necessity of the recipient increases or the resources of the obligor change. Even if a lump-sum fund established by agreement is squandered, children may still lawfully claim additional support from their parent.