Petitioner
Velayo
Respondent
Velayo
Citation
G.R. No. L-23538
Court
Supreme Court
Decided
July 21, 1967

Cancellation of supersedeas bond in a case involving separation of conjugal properties and spousal support; enforceability of support judgments over…

Summary

This case establishes important precedents regarding the enforceability of support judgments and supersedeas bonds. The Supreme Court ruled that judgments for spousal support do not become dormant and are not subject to the five-year limitation period for execution by motion, as support obligations accrue periodically. The Court held that while past support claims can be waived, future support cannot be waived or compromised under Articles 301 and 2035 of the Civil Code. The defendant remained liable for monthly spousal support of P200 for periods after July 2, 1958, despite the wife's attempted waiver of future support in their second agreement. Consequently, the supersedeas bond posted during appeal remained answerable for these ongoing obligations and could not be cancelled. The decision reinforces the public policy protecting the right to future support in family relationships.

Statutes applied

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By the Intellegal Editorial Board · July 21, 1967

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