Practice question
A final judgment finds that the person who paid support pendente lite is not legally liable for it. The recipient argues that the interim order made every payment permanently irrecoverable. Which is correct under section 7?
- Every interim payment is irrecoverable regardless of the final judgment
- The provider may privately seize any property without an order
- The main case must be ignored permanently
- The court orders return of the paid amounts with legal interest from actual payment dates, without prejudice to the rule’s recourse against the person legally obliged
- Only a future voluntary gift can ever address the payments
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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