D. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. Destroying household property; 4. Controlling the victims own money or properties or solely controlling the conjugal money or properties. [3/18/2014 3:36:53 PM] Injil (DACORP Customer Care): Provided by ATTY. MARIA CLARA B. TANKEH-ASUNCION of Syquia Law Firm Support is defined under the Family Code of the Philippines (1988) as follows: Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. As enunciated in the Family Code, support is an obligation that arises from family relationship and enumerates those entitled to be supported as follows: Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: The spouses; Legitimate ascendants and descendants; Parents and their legitimate children and the legitimate and illegitimate children of the latter; Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and Legitimate brothers and sisters, whether of full or half-blood. The properties liable for the support of children are as follows: 1. The support for the common children of both spouses shall be taken from the absolute community or conjugal property. 2. Likewise, the support for the children of a spouse by a previous marriage shall be taken from the absolute community or conjugal property. 3. The support for the illegitimate children of either spouse will depend upon their property relations, to wit: 3.1. Under the systems of absolute community - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the absolute community property is liable, but the support is considered as advances on the share of the parent to be paid by him to the community at the time of liquidation. 3.2. Under the system of conjugal partnership - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the conjugal partnership property is liable if financially capable (i.e., if all the legal obligations of the conjugal partnership have been covered or can be covered), but the support paid to the child shall be deducted from the share of the parent - spouse at the time of the liquidation of the partnership. During the proceedings for legal separation, annulment of marriage or declaration of nullity of marriage, child support pendente lite shall be taken from the absolute community property or conjugal property. The amount of support shall be in proportion to the a) Resources or means of the giver; and, b) To the necessities of the recipient. Support can be reduced or increased proportionately, according to the reduction or increase of the necessities of recipient and the resources or means of the person obliged to furnish the same. Therefore, an order for support is consequently subject to modification and never final. A petition for support is never terminated. 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 extrajudicial demand. The right to receive support and any money or property obtained as such support are not subject to attachment or execution by creditors because they are essential to the life of the person entitled to support. But support in arrears is not exempt from the attachment or execution as the reason for such exemption no longer exists.
Posted on: Wed, 26 Mar 2014 08:52:30 +0000
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