Practice question
A criminal case properly includes civil liability for support of offspring allegedly resulting from the charged crime; that civil aspect has not been waived, reserved or previously instituted separately. The accused says provisional child support is impossible until final conviction in every case. Which is correct under Rule 61 section 6?
- The claim is necessarily correct because interim support is never available in criminal cases
- Every criminal accusation automatically requires support for every child
- The rule permits the specified application during the criminal case, subject to its conditions and procedure, without itself adjudging criminal guilt
- The court must disregard whether the child allegedly resulted from the crime
- The application automatically replaces the prosecution’s proof of guilt
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 61 sections 1–7, verified application, provisional amount, enforcement, third-party reimbursement, qualified criminal support and restitution.
- https://elibrary.judiciary.gov.ph/assets/dtSearch/document_repository/sc/circular/OCA%20Circulars%20PDF/2021/OCA-Circular-No.-70-2021.pdf — A.M. 21-03-02-SC, Rule I section 1, expressly preserving Rule 61 support pendente lite applications; effective May 31, 2021.
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