Dear PAO,
I am writing because I am completely confused by the paper I received from the court saying that I must provide financial support to my child. This is in relation to the petition for child support filed by my previous common-law wife for our child. I do not understand the said judgment because it says in the letter that the support is only temporary. I would like to confirm how long the order will last, considering that it is only temporary.
Alcard
Dear Alcard,
It is possible that the judgment indicated in the letter that you have received is a decision rendered on the petition for support pendente lite, a type of provisional remedy, filed by your former common-law wife together with the principal action for child support.
At this point, it is important to note the nature of a provisional remedy. In a case penned by Associate Justice Mariano Del Castillo (United Alloy Philippines Corporation v. United Coconut Planters Bank, et al., GR 17925, Nov. 23, 2015), the high court had the occasion to explain that “[p]rovisional remedies [also known as ancillary or auxiliary remedies], are writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests pending rendition, and for purposes of the ultimate effects, of a final judgment in the case.”
A provisional remedy is called as such because, from its nature, it constitutes an immediate and temporary measure availed of during the pendency of the principal action to ensure that certain rights and interests of the parties to the case will not be compromised while the case is being litigated and before the court can rule on the merits of the principal action. Being an interlocutory order, it does not finally dispose of the case and does not end the court’s task of determining the rights and liabilities of the parties. Rather, it indicates that other things remain to be done by the court.
In addition, it is an ancillary remedy because it is merely incidental to and is dependent upon the result of the principal or main action. It generally ceases by operation of law when the principal or main action ends. This applies when the case was dismissed, a final judgment was rendered, or the court determined that the necessity for the remedy no longer exists.
Therefore, in your case, if what you describe in your letter turns out to be a decision in a petition for support pendente lite, the court requires you to provide monthly support to your child while the complaint for support filed by your former common-law wife is ongoing, i.e., pending determination of its merits. Such order will remain enforceable until a final judgment is rendered on the principal action for child support, unless a different period is fixed by the court.
We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your unwavering trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
