Javier vs Lucero

Javier vs Lucero

GR No. L-6706, March 29, 1953

FACTS:

Alfredo Javier Sr. and Salud Arca had begotten a son before they got married, named Alfredo Jr.  After the celebration of marriage, the father went to US since he was listed as US Navy.  The mother and Alfredo Jr. went to live with her parents while the husband was in US.  When the relationship between the spouses become strained, husband petitioned for divorce before State of Alabama.  After the decree was issued, Alfredo Sr. subsequently married twice (having been divorced with the former before celebration of subsequent marriage).

An action for alimony was filed where respondent Judge ordered the father to give a monthly allowance of P60 to his wife and son.  The father filed notice of appeal questioning the status of the wife; second, the fact that his son was over 21 years old making him no longer entitled to be supported and third, decision is vague and silent in relation to granting the son entitlement to support even if over 21 years old for purposes of completing his education/ training for some profession, trade or vocation.  Nevertheless, the judge directed the father to pay the monthly pensions notwithstanding pendency of the appeal.

ISSUE: WON Alfredo Jr. is entitled for support.

HELD:

Alfredo Jr. indeed has reached the age of majority yet under the provision of Family Code, the support may be given beyond the age of majority in order enable him to complete his education, for some trade and profession.

If financial assistance is to be rendered only at the termination of the appeal, his education or the completion thereof would be unduly delayed.  This is a good reason for immediate execution.  The father claimed that based on the records, the son is no longer studying.  However, it might have resulted to lack of means to support his studies considering that the father admits that the son is just a pre-law graduate.