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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-10792. April 30, 1958. ]

ENRIQUE T. JOCSON and JESUS T. JOCSON, Petitioners-Appellants, v. THE EMPIRE INSURANCE COMPANY, oppositor and appellee, and INTESTATE ESTATE OF AGUSTIN A. JOCSON represented by BIENVENIDA JOCSON-LAGNITON, Special Administratrix, Oppositor-Appellee.

Nicolas P. Baban for Appellants.

Tomacruz Law Office for appellee company.

Manuel O. Soriano and Vicente P. Nava for appellee Bienvenida J. Lagniton.


SYLLABUS


1. SUPPORT; WHEN PAYABLE; DISBURSEMENT FROM GUARDIANSHIP FUNDS FOR EDUCATION AND CLOTHING. — Support includes what is necessary for the education and clothing of the person entitled thereto. But support must be demanded and the right to it established before it becomes payable. For the right to support does not arise from the mere fact of relationship, but "from imperative necessity without which it cannot be demanded, and the law presumes that such necessity does not exist unless support is demanded" (Civil Code of the Philippines, Annotated, Tolentino, Vol. 1, p. 181, citing 8 Manresa 685). In the case at bar, it does not appear that support for the minors, be it only for their education and clothing, was ever demanded from their father and the need for it duly established. Hence, the disbursements made from the guardianship funds, with the approval of the court, for the education and clothing of the said minors are not illegal and the guardian’s bond should not be made to answer therefor.

2. ID.; ENFORCEMENT OF CLAIM IN A SEPARATE ACTION. — The claim for support should be enforced in a separate action and not in the guardianship proceedings.


D E C I S I O N


REYES, A., J.:


Appeal from an order of the Court of First Instance of Iloilo, certified to us by the Court of Appeals on the ground that the questions involved are purely legal.

It appears that in Special Proceedings No. 734 of the Court of First Instance of Iloilo, Agustin A. Jocson was, on October 3, 1950, appointed guardian of the persons and properties of his then minor children, Carlos, Rodolfo, Perla, Enrique and Jes
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