Philippine Bar review · Question

Practice question: Support Pendente Lite (Rule 61)

Multiple Choice Hard

Practice question

The final judgment finds the interim payer not liable and orders restitution. The recipient fails to repay. The payer then seeks recovery from the person legally obliged to provide support. Does Section7 contemplate that separate action?
  1. Yes; it expressly preserves the payer’s stated reimbursement route
  2. No; the true obligor is immune forever
  3. No; the provisional order necessarily imposed final liability on the innocent payer
  4. No; only a criminal prosecution can recover it
  5. No; the recipient’s nonpayment erases every obligation

Legal references

  • Rules of Court specified Rules58–61: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule61 Sections2–4 and7.

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