SUSAN LIM-LUA vs. DANILO Y. LUA, G.R. Nos. 175279-80, June 5,
2013 – Support pendente lite CASE DIGEST -
Lim-Lua filed an action for the declaration of nullity of her
marriage with Lua, in her prayer for support pendente lite for herself and her
two children, she sought the amount of ₱500k as monthly support, citing Lua’s
huge earnings from salaries and dividends in several companies and businesses
here and abroad.
RTC: ₱250k would be sufficient to take care of the needs Lim-Lua
and their 2 children, being a commendable act of defendant, should be continued
by him considering the vast financial resources at his disposal.
CA: CA reduced the monthly support pendente lite of ₱115k. Lua paid
₱162k and advances given by him to his children and Lim-Lua in the sum of ₱2.4M.
The expenses incurred by Lua consisting of the purchase and
maintenance of the two cars, payment of tuition fees, travel expenses, and the
credit card purchases involving groceries, dry goods and books, certainly
inured to the benefit not only of the two children, but their mother as well.
ISSUE: Whether or not certain expenses already incurred by Lim may
be deducted from the total support in arrears
Conflicting positions:
Lim-Lua: it was erroneous to have allowed the deduction of the
value of the two cars and their maintenance costs from the support in arrears,
as these items are not indispensable to the sustenance of the family or in
keeping them alive.
Lua: disallowing the subject deductions would result in unjust
enrichment, thus making him pay for the same obligation twice. Since Lim-Lua
and the children resided in one residence, the groceries and dry goods
purchased by the children using his credit were not consumed by the children
alone but shared with their mother. As to the cars, these, too, are to be
considered advances for support, in keeping with the financial capacity of the
family as the children had never in their entire life commuted from one place
to another, nor do they eat their meals at "carinderias".
Held: No. The deductions should be limited to basic needs and
expenses (food, household expenses such as salaries of drivers and house
helpers, and also Lim-Lua’s scoliosis therapy sessions)
Sec. 1, Rule
on Provisional Orders; Revised Rules of Court, Rule 61, Secs. 1 & 4:
Upon receipt of a verified petition for declaration of absolute
nullity of void marriage or for annulment of voidable marriage, or for legal
separation, and at any time during the proceeding, the court, motu proprio or
upon verified application of any of the parties, guardian or designated
custodian, may temporarily grant support pendente lite prior to the rendition
of judgment or final order.
Because of its provisional nature, a court does not need to delve
fully into the merits of the case before it can settle an application for this
relief. All that a court is tasked to do is determine the kind and amount of
evidence which may suffice to enable it to justly resolve the application. It
is enough that the facts be established by affidavits or other documentary
evidence appearing in the record.
In this case, the amount of monthly support pendente lite was
determined after due hearing and submission of documentary evidence by the
parties. Although the amount fixed by the trial court was reduced on appeal, it
is clear that the monthly support pendente lite of ₱115k was intended primarily
for the sustenance of Lim-Lua and her children, e.g., food, clothing, salaries
of drivers and house helpers, other household expenses and the cost of regular
therapy for her scoliosis and vitamins/medicines.
Judgment for support does not become final. The right to support is
of such nature that its allowance is essentially provisional; for during the
entire period that a needy party is entitled to support, his or her alimony may
be modified or altered, in accordance with his increased or decreased needs,
and with the means of the giver. It cannot be regarded as subject to final
determination.
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