SUPPORT

(Article 204-208)

Article 204 The Person obliged to give support shall have the option to
fulfill the obligation either by paying the allowance fixed, or
by receiving and maintaining in the family dwelling the
person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or
legal obstacle thereto. (299a)

 Moral or Legal Obstacle (Mangonon vs. Court of Appeals, G.R. No.

125401, June 30, 2006)
 Moral Impediment (Lim vs. Lim, G.R. No. 163209 October 30, 2009

Article 205 The right to receive support under this Title as well as any
money or property obtained as such support shall not be
levied upon on attachment or execution. (302a)

 Exempt from attachment or execution – The reason for the rule is that
depriving the person of support may endanger his physical existence.
 Characteristics of Right to Support:
a. The right to receive legal support, as well as any money or property
obtained as such support, cannot be levied upon on attachment or
execution (Art.205 NCC) for to allow attachment or execution of the right to
support, or of what is used for support, would defeat the purpose which
the law gives the recipient against want and misery, (Tolentino, Commentaries and
Jurisprudence on the Civil Code, Vol.1,1990 ed.,p.205)

b. The right to receive support cannot be renounced nor can it be

transmitted to a third person, (De Asis vs. CA, supra, citing Art.301, NCC)
c. Future support cannot be a subject of compromise, (Art.2305 NCC)
d. Compensation may not even be a set up against a creditor who has a
claim for support due by gratuitous title.

Article 206 When, without knowledge of the person obliged to give

support, it is given by the stranger, the latter shall have the
right to claim the same from the former, unless it appears
that he gave it without any intention of being reimbursed.
(216a)

 Stranger – A person who, upon failure on the person obliged to give

support to perform his obligation, gives the needed support. (The giver
must not be one of those enumerated in Art. 195 and Art.196 of FCP)
 Requisites for recovery:
a. The support of a dependent has been furnished by a stranger,
 b. The support was given without the knowledge of the person obliged to
give support and,
c. The support must not have been given without the intention of being
reimbursed.

Article 207 When the person obliged to support another unjustly

refuses or fails to give support when urgently needed by
the latter, any third person may furnish support to the
needy individual, with a right of reimbursement from the
person obliged to give support. This Article applies
particularly when the father or mother of a child under the
age of majority unjustly refuses to support or fails to give
support to the child when urgently needed. (2166a)

 Art. 206 vs Art. 207

a. Art. 206 – the support needed is not urgent; Art. 207 – the support
is urgently needed.
b. Art.206 – need not be reimbursed; Art.207 – has the right to be
reimbursed.

Article 208 In case of contractual support or that given by will, the

excess in amount beyond that required for legal support
shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to

adjustment whenever modification is necessary due to
changes in circumstances manifestly beyond the
contemplation of the parties. (n)

 Contract derived from contract or will

 Contractual support distinguished from Legal Support
a. Legal Support, which is contemplated in Art. 195 and Art.196 of
the FCP, the right to support arises from or is based on the
provisions of law; Contractual Support is not based on the law
but originates either from the will of the obligor (as those given
by will) or from the agreement of the parties.
b. In Legal Support, the recipient and the giver must be mutually
obliged to give support; In Contractual Support, they need not
be so.
c. Legal Support may not be renounced or waived; Contractual
Support may be renounced or waived.