Practice question
A qualifying nonheir recipient proves the legal support obligation and requests five years. Defendant argues that because duration is discretionary the court must deny the entire remedy. Which is best?
- Judicial discretion abolishes the statutory right.
- The court determines an appropriate duration within the ceiling rather than treating discretion as automatic denial.
- Five years is mandatory without assessment.
- The defendant may select zero without review.
- Only a probate heir may ask the court to decide.
Legal references
- Civil Code Articles 2206, 2208 and 2216-2225: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- University of Southeastern Philippines v. Sarate, G.R. No. 247617, November 25, 2025, en banc main decision, Part IV: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70367
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