PROVISIONAL DETERMINATION OF FACTS
Section 4. Order. – The court shall determine provisionally the pertinent facts, and shall render such orders as justice and equity may require, having due regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. If the application is granted, the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided, taking into account the necessities of the applicant and the resources or means of the adverse party, and the terms of payment or mode for providing the support. If the application is denied, the principal case shall be tried and decided as early as possible. (5a)
- COURT SHALL RENDER SUCH ORDERS AS JUTICE AND QUITY MAY REQUIRE
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- WITH DUE REGARD TO PROBABLE OUTCOME OF CASE AND SUCH OTHER CIRCUMSTANCES THAT MAY AID IN PROPER RESOLUTION OF QUESTION INVOLVED
IF GRANTED, COURT SHALL:
- FIX AMOUNT OF MONEY TO BE PROVISIONALLY PAID or SUCH OTHER FORMS OF SUPPORT AS SHOULD BE PROVIDED
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- TAKE INTO ACCOUNT
(a) NECESSITIES OF THE APPLICANT
(b) RESOURCES OR MEANS OF ADVERSE PARTY
(c) TERMS OF PAYMENT or MODE FOR PROVIDING SUPPORT
FAILURE TO COMPLY WITH ORDER RESULTS IN ORDER OF EXECUTION
MOTU PROPRIO or UPON MOTION
Section 5. Enforcement of order. – If the adverse party fails to comply with an order granting support pendente lite, the court shall, motu proprio or upon motion, issue an order of execution against him, without prejudice to his liability for contempt. (6a)
REIMBURSEMENT OF THIRD PERSON
- IF PERSON REFUSES or FAILS TO DO SO
- AFTER DUE NOTICE + HEARING
(a) IN THE SAME CASE
ANY THIRD PERSON WHO FURNISHED SUCH SUPPORT TO APPLICANT MAY OBTAIN WRIT OF EXECUTION TO REINFORCE REIMBURSEMENT AGAINST PERSON ORDEREDWhen the person ordered to give support pendente lite refuses or fails to do so, any third person who furnished that support to the applicant may, after due notice and hearing in the same case, obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support. (n)
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SUPPORT FOR OFFSPRING MAY BE PROVIDED IN CRIMINAL ACTIONS WHERE CIVIL ASPECT HAS NOT BEEN W/R/I
Section 6. Support in criminal cases. – 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.
IF NOT LIABLE, COURT SHALL ORDER RECIPIENT TO RETURN AMOUNTS PAID PLUS LEGAL INTEREST FROM ACTUAL PAYMENT
Section 7. Restitution. – When the judgment or final order of the court finds that the person who has been providing support pendente lite is not liable therefor, it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment, without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support.
IF RECIPIENT FAILS TO REIMBURSE, PERSON ORDERED MAY SEEK REIMBURSEMENT IN A SEPARATE ACTION
Should the recipient fail to reimburse said amounts, the person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support. (n)
SEPARATE ACTION BY RECIPIENT
WITHOUT PREJUDICE TO RIGHT OF RECIPIENT TO BE REIMBURSED IN A SEPARATE ACTION FROM ONE LEGALLY OBLIGED TO GIVE SUPPORT
WHO MAY FILE APPLICATION:
- OFFENDED PARTY
- PARENTS
- GRANDPARENTS
- GUARDIAN; or
- STATE
The application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule. (n)
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