This case has been cited 3 times or more.
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2013-06-05 |
VILLARAMA, JR., J. |
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| Suffice it to state that the matter of increase or reduction of support should be submitted to the trial court in which the action for declaration for nullity of marriage was filed, as this Court is not a trier of facts. The amount of support may be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to support.[34] As we held in Advincula v. Advincula[35] | |||||
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2010-12-15 |
ABAD, J. |
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| To be entitled to legal support, petitioner must, in proper action, first establish the filiation of the child, if the same is not admitted or acknowledged. Since Dolina's demand for support for her son is based on her claim that he is Vallecera's illegitimate child, the latter is not entitled to such support if he had not acknowledged him, until Dolina shall have proved his relation to him.[7] The child's remedy is to file through her mother a judicial action against Vallecera for compulsory recognition.[8] If filiation is beyond question, support follows as matter of obligation.[9] In short, illegitimate children are entitled to support and successional rights but their filiation must be duly proved.[10] | |||||
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2010-03-10 |
PERALTA, J. |
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| In Montefalcon v. Vasquez,[17] we said that because Section 16 of Rule 14 uses the words "may" and "also," it is not mandatory. Other methods of service of summons allowed under the Rules may also be availed of by the serving officer on a defendant-resident who is temporarily out of the Philippines. Thus, if a resident defendant is temporarily out of the country, any of the following modes of service may be resorted to: (1) substituted service set forth in section 7 ( formerly Section 8), Rule 14; (2) personal service outside the country, with leave of court; (3) service by publication, also with leave of court; or (4) in any other manner the court may deem sufficient.[18] | |||||