Support (Articles 194 to 208)

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Art. 194. Support comprises everything for sustenance, dwelling, clothing, , education and transportation, in keeping with the of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even . Transportation shall include expenses in going to and from school, or to and from place of work.

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to to the whole extent set forth in the preceding article:

(1) The spouses;

(2) ascendants and descendants;

(3) Parents and their legitimate children and the children of the latter;

(4) Parents and their and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of .

Art. 196. not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's .

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if , shall advance the support, which shall be from the share of the spouse obliged upon the of the absolute community or of the conjugal partnership.

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the between the spouses ceases. However, in case of , the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order.

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The in the nearest degree;

(3) The ascendants in the ; and

(4) The brothers and sisters.

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them of each.

However, in case of and by , the judge may order only one of them to furnish the support , without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the should be the spouse and a child subject to parental authority, in which case the shall be preferred.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the of the giver and to the of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be , according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for , but it shall not be paid except from the .

may be claimed in accordance with the Rules of Court.

Payment shall be made within the of each corresponding month or when the recipient dies, what he has received in advance.

Art. 204. The person obliged to give support shall have the to fulfill the obligation either by , or by receiving and maintaining in the the person who has a right to receive support. The latter alternative cannot be availed of in case there is a thereto.

Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be .

Art. 206. When, of the person obliged to give support, it is given by a , the latter shall have a right to claim the same from the former, unless it appears that he gave it without .

Art. 207. When the person obliged to support another or fails to give support when by the latter, may furnish support to the needy individual, with from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.

Art. 208. In case of or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to whenever is necessary due to changes of manifestly beyond the of the parties.

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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