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    Ibanez Case Doctrines

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    Brigette Domingo

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    © All Rights Reserved
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    Ibanez Case Doctrines

    Uploaded by

    Brigette Domingo
    9 views1 page

    Original Title

    IBANEZ-CASE-DOCTRINES

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    9 views1 page

    Ibanez Case Doctrines

    Uploaded by

    Brigette Domingo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Garcia vs.

    Court of Appeals
    No. L-14758. March 30, 1962
    Right to support pendente lite

    DOCTRINES: While the decision of the lower court requiring acknowledgment is


    pending appeal, it lies within the discretion of the trial court to direct the father to give
    support to the child. In the case, there being at least prima facie evidence of the child's
    right to support, the lower court acted within its power and discretion.

    Calderon vs. Roxas


    G.R. No. 185595. January 9, 2013
    Right to avail support pendente lite

    DOCTRINE: The Rules of Court provide for the provisional remedy of support pendente
    lite which may be availed of at the commencement of the proper action or proceeding,
    or at any time prior to the judgment or final order.

    Ramos vs. Court of Appeals


    L-31897, June 30, 1972
    Giving of support pendente lite subject to court’s discretion

    DOCTRINES: Although the law gives the right of support to acknowledged natural
    children, and although the child in question has not yet been actually acknowledged
    because the decision has not yet become executory, still as the confirmation of the
    order of recognition may be said to relate back to the date of the original decision, it lies
    within the discretion of the trial court to direct the father to give support pending the
    appeal. Indeed, there may be instances where, in view of the poverty of the child, it
    would be a travesty of justice to refuse him support until the decision of the judge is
    sustained on appeal.

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