Lacson.docx

(125) Lacson vs. Lacson, GR 150644, Aug. 28, 2006 [Per Justice Garcia Second Division]

ISSUE: Is Edward liable to support the arrears? Facts: Edward V. Lacson and Lea Daban Lacson are the parents of Maowee Daban Lacson and Maonaa Daban Lacson. For unknown reason, Edward left their conjugal home thereby leaving Leah tofend for their children. For a period of 18 years, Leah and her children transferred from one dwellingplace to another not their own. Records reveal that in a note dated December 10, 1975, Edward promise to give support to his daughters however, aside from occasional giving of some amount,Edward failed to fulfill his promise. In 1995, Leah instituted an action for support in behalf of her daughter demanding the amount of the support her daughters should have received. Edward contended that the demand required by law was never complied with by Leah thus the award ofs upport in arrears is not proper. Ruling: No. The requisite demand for support appears to have been made sometime in 1975. Edward, unlike any good father of a family, has been remiss in his duty to provide his daughters with support practically all throughout their growing years. At bottom, his daughters have been deprived by a neglectful father of the basic necessities in life as if it is their fault tohave been born. However, he should not be obliged to pay support in arrears,i.e., from 1976 to 1994, no previous extrajudicial, let alone judicial, demand having been made by Lea. The provision of the Family Code to complete states: Article 203— 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.