Practice question
The person ordered to provide support pendente lite refuses to comply. What does Rule 61 section 5 authorize?
- Only another informal demand with no judicial remedy
- Automatic cancellation of the recipient’s claim
- Permanent suspension of the main case
- An execution order on the court’s initiative or motion, without prejudice to contempt liability
- Private seizure by any neighbor without court process
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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