- Statute
- Philippine Family Code
- Article
- Art. 49
- Topic
- Support and custody pending the action
- Status
- In force
- Year
- 1987
- Cited by
- A Supreme Court decision
The provision
During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in
Intellegal Wiki · In plain terms
While an action for annulment or declaration of nullity is pending, and absent adequate provisions in a written agreement between the spouses, the court itself must provide for the spouses' support and for the custody and support of their common children. In deciding custody the court is directed to give paramount consideration to the children's moral and material welfare, and to their choice of the parent with whom they wish to remain. The provision is interim relief: it governs the period before judgment, whereas Articles 50 to 52 govern the liquidation, partition and delivery of presumptive legitimes that follow a final decree.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Yu v. Yu G.R. No. 164915