BALTAZAR V.

SERFINO
14 SCRA 820
July 31, 1965

Facts:
Plaintiff-appellant Olympia Baltazar, in behalf of her minor son, Armenio Serfino appeals from
the judgment of the Court of First Instance of Negros Occidental, ordering defendant-appellee
Sergio Serfino to pay P15-worth of monthly support from the rendering of judgment on July
1960.
Olympia, a widow, bore the son of Sergio, a married man, on December 19, 1943. She contends
that the amount granted by the court should have been P50, payable from the time of Armenios
birth except for the period of May 1957 to April 1959 when the child was living with his father
and that the defendant-appellee should pay P1000 on account of attorneys fees.

Issue:
W/N the amount of support should be increased.
W/N the defendant should pay a monthly support dating from his sons birth.

Ruling:
Yes. According to Art. 296 of the Civil Code, the amount of support should be in proportion to
the resources or means of the giver and the needs of the recipient. The lower court found that
defendant-appellee, who was supporting his wife and legitimate children, was earning amply
from his rice mill, ten-hectare land and palay produce, which places his average annual income
at P1,085. Additionally, the court took notice of the facts that he does not need to pay rent for his
familys residence and his tailoring shop was profiting well.

No. The Supreme Court ruled that obligation to give support shall be demandable from the time
the person who has a right to receive it needs it for maintenance. However, it shall not be paid
from the date it is extrajudicially demanded.(The law says that the obligation to give support
shall be demandable from the time the person who has a right to receive the same needs it for
maintenance, but it shall not be paid except from the date it is extrajudicially demanded (Article
298, Civil Code).
Additionally, the Court held that attorneys fees are recoverable from the person obliged to give
support when the other party entitled to such support had to resort to the court for the
enforcement of his right.

Judgment modified. Defendant-appellee is sentenced to pay Armenio Serfino the sum of

P25.00 monthly from June 1959 (when the extrajudicial demand was made) and the sum of
P300.00 as attorneys fees, with costs.

Civil Code
Art. 296. The amount of support, in the cases referred to in the five numbers of article 291, shall be
in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 298. The obligation to give support shall be demandable from the time the person who has a
right to receive the same needs it for maintenance, but it shall not be paid except from the date it is
extrajudicially demanded.

Family Code

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 203. The obligation to give support shall be demandable from the time the person who has a
right to receive the same needs it for maintenance, but it shall not be paid except from the date of
judicial or extra-judicial demand.