Text of the provision
Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties.
(n)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Support can also arise from a contract or a will, not just the law. Here the exemption from creditors in Article 205 is narrower: only the portion equal to legal support is protected, and any excess above what the law would require may be attached or levied upon. A person cannot shield unlimited money from creditors simply by labeling it "support" in a contract or will.
The article also imports flexibility into contractual support: it may be adjusted when circumstances change in a way manifestly beyond what the parties contemplated — a targeted echo of the changed-circumstances principle in Article 202.
Questions about this provision
- Can creditors garnish support that someone left me in a will?
- I agreed in a contract to give a fixed monthly support and then lost my job — can the amount be adjusted?
Related provisions
- Article 205 — legal support is fully exempt from execution.
- Article 202 — adjustment of support for changed circumstances.
Cases citing this article
- XXX vs. the Court of Appeals, People of the Philippines, and AAA, G.R. No. 261459, May 20, 2024 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.