Professional Documents
Culture Documents
VI.B
• FRANCISCO V. ZANDUETA, 61 PHIL. 752 DY Notwithstanding the denial, the judge granted the order and
Francisco moved for a reconsideration on the ground that it
SYLLABUS was issued in excess of jurisdiction in view of the fact that the
civil status of the plaintiff was placed in issue by the
1. PARENT AND CHILD; SUPPORT OF CHILD WHILE HIS CIVIL pleadings; that the plaintiff has no right to monthly support
STATUS IS IN LITIGATION. — In the present case the action from the defendant until his status as a child of the latter is
for support is brought by a minor, through his guardian ad finally determined in his favor and that as the guardian ad
litem, who alleges that he is the son of the petitioner; litem of the plaintiff admits his lack of means to defray even
therefore it is necessary for him to prove his civil status as the ordinary expenses of existence it would be impossible for
such son. His alleged civil status being in litigation, it is the defendant to recover whatever amount he may have
evident that nothing can be taken for granted upon the point advanced to plaintiff as support pendente lite, should it finally
in issue. be decided that he is not the father of the plaintiff.
• YANGCO V. RHODE, 1 PHIL. 404 FERNANDEZ Y prayed to the court to render judgment declare Rohde, that
he acted in excess of his jurisdiction in attempting to oblige
PRINCIPLES: petitioner to pay to the said Victorina said allowance, and to
direct that a writ of prohibition issue to said Rohde prohibiting
him from attempting to compel petitioner to pay the said
1. Marriage and Divorce--- Where the answer to a amount.
complaint alleging marriage and praying for a divorce
denies the fact of marriage, the court exceeds its
jurisdiction in granting alimony, and the enforcement Rohde, filed a demurrer and motion to dismiss upon the
of an order granting it will be restrained by the writ following grounds: (1) That this court is without jurisdiction
of prohibition. over the subject-matter of the action; (2) that the petition
2. -The right of a wife to support depends upon her does not state facts sufficient to constitute a cause of action.
status as such, and where the existence of the status
is put in issue by the pleading it cannot be presumed Victorina acquired a right all conjugal rights, and in particular
to exist for the purpose of granting alimony. (the to the allowance of alimony pendente lite." And upon this
fact of the civil status must be proven first supposition he cited articles of the Civil Code as to rights
before a right of support can be derived) enjoyed by a married woman by virtue of the marriage, and
3. -The CFI have jurisdiction over suits for divorce, and those which she may further exercise by reason of divorce
the granting of alimony pendent lite is incidental to pending litigation and those granted to her finally in case of
this jurisdiction; consequently, an order granting a favorable judgment.
alimony, even if erroneous, is not an excess of
jurisdiction, and its enforcement cannot be
The respondents judge had jurisdiction to try the divorce case
restrained by prohibition.
and its incidents, among others that of alimony; in an
interlocutory ruling he held that the alleged matrimony
DIGEST: existed, although it appeared to him to be a matter not clear
or free from doubt; in another interlocutory order,
FACTS: notwithstanding the fact that the existence of the marriage is
not clear or free from doubt, he directed the allowance of
alimony pendente lite in favor of the plaintiff; against this
Yangco, filed a petition for a writ of prohibition, alleging that interlocutory order no appeal lies on behalf of the alleged
Judge Rohde, of the CFI Manila, acted in excess of jurisdiction husband who is to pay this allowance; this alleged husband
when a complaint had been filed by Victorina against the must pay it without any guaranty of recovery in the event
petitioner praying that she be declared the lawful wife of the that the proof should established a contrary condition of
said Yangco, and that she be granted a divorce, an allowance affairs to that assumed to be correct, notwithstanding the fact
for alimony, and attorney's fees during the pendency of the that the question is not clear or free from doubt; and as the
The law is not so unreasonable as to require a wife to live in • MAGOMA V. MACADAEG, G.R. NO. L-5153,
marital relations with a husband whose incurable propensity DECEMBER 10, 1951 FAITH RAVENS
towards other women makes common habitation with him
unbearable. Deeply rooted instincts of human nature PRINCIPLE: Before action is taken on the matter [of support
sanction the separation in such case, and the law is not so pendente lite], an opportunity should be given him to be
heard, considering the serious nature of his special defense.
Ramos then appealed to the Court of Appeals, It goes without saying that if, before the rendition of
plaintiffs-appellees moved therein for support pendente lite. judgment, the trial court may "provisionally" grant alimony
In a reasoned and signed resolution dated November 21, pendente lite, with more reason may an appellate court
1969, Ramos was ordered by the Court of Appeals to deposit exercise a similar authority, after a full dress trial and a
with its Clerk the sum of P4, 727.50 — representing one-half decision of the trial court on the merits finding that the claim
of the amount due under the appealed decision to the foresaid of filiation and support has been adequately proven
plaintiffs — "within 15 days from notice, otherwise he will be — in the case at bar, beyond doubt — even if such
cited for contempt. Once the amount is deposited, the Clerk decision were still pending appeal taken by the party
of this Court is directed to deliver the same to plaintiff- adjudged to be bound to give such support.
appellee Felisa Lagos." Subsequent reconsideration was
denied. Needless to say, the refusal of the trial court to grant,
Hence, the matter was elevated to the Supreme Court. said alimony pendente lite did not and cannot deprive the
appellate court of said authority, or even dent the wisdom of
ISSUE: Whether or not the CA abused its discretion in issuing the action taken by the latter, considering that the former did
the aforementioned resolution "there having been neither a not give any plausible reason for its aforementioned refusal
recognition of paternity by the petitioner nor its and that the same may have, in fact, been due to the appeal
establishment by final judgment" taken by the defendant, whose record on appeal had already
been approved.
RULING:
The Supreme Court opined that the Court of Appeals Neither did the failure of the Court of Appeals to hear
erred in not allowing the defendant to present his evidence petitioner herein on oral argument before denying his motion
for the purpose of determining whether it is sufficient prima for reconsideration or to grant him "a 10-day abeyance in the
facie to overcome the application. Adultery on the part of the implementation" of said resolution constitute a grave abuse
wife is a valid defense against an action for support (Quintana of discretion, for petitioner is not entitled as a matter of right
vs. Lerma, 24 Phil., 285). Consequently, as to the child, it is to said oral argument, which was discretionary for said
also a defense that it is the fruit of such adulterous relations, appellate court, as was its authority to grant or deny the
for in that case, it would not be the child of the defendant aforementioned period of ten (10) days. Furthermore,
and, hence would not be entitled to support as such. But as petitioner has not shown that he could have adduced
this defense should be established, and not merely alleged, it substantial reasons to warrant a reversal of the contested
would be unavailing if proof thereof is not permitted. It is not resolution had this period been granted or said oral argument
of course necessary to go fully into merits of the case, it being taken place.
sufficient that the court ascertain the kind of amount of
evidence which it may deem sufficient to enable it to justly Again, the grant to the minors — who had merely
resolve the application, one way or take other, in view of the asked "a monthly support of P75.00 for each child," or
merely provisional character of take resolution to be entered. P150.00 a month for both, and, through their mother, had
In the case at bar not only had evidence on the offered to file a bond — of the aggregate sum of P4, 727.50,
alleged relation between the minors and Ramos been without requiring a bond therefor, did not constitute a grave
introduced. Judgment had, moreover, been rendered finding abuse of discretion amounting to excess of jurisdiction, in the
that said relation had been duly established, although an light of the circumstances surrounding the case. Paraphrasing
Garcia v. Court of Appeals, the circumstances obtaining in the
• SPOUSES LIM V. LIM, G.R. NO. 163209, 30 Petitioners Liable to Provide Support
OCTOBER 2009 HIYAS but only to their Grandchildren
PRINCIPLE: Petitioners rely heavily in Title IX of the Civil Code,
as amended, on Parental Authority, they theorize that their
liability is activated only upon default of parental authority,
The validity and efficacy of divorce secured by Rebecca, the • NEPOMUCENO V. LOPEZ, G.R. NO. 181258, 18
same shall be given a res judicata effect in Philippine MARCH 2010 DAPANAS
jurisdiction. Vicente and Rebecca are no longer husband and
wife to each other. The marriage between them is dissolved Principle: “A notarial agreement to support a child
leaving them free to remarry. Consequent to the dissolution whose filiation is admitted by the putative father is
of the marriage, Vicente could no longer be subject to a considered acceptable evidence. The notarial
husband's obligation under the Civil Code. He cannot, for agreement must be accompanied by the putative
instance, be obliged to live with, observe respect and fidelity, father’s admission of filiation to be an acceptable
and render support to Rebecca.As regards their property evidence of filiation.”
relations, the Agreement provided that the ex-couple's
conjugal property consisted only their family homebind both BAR Alike Question:
Rebecca and Vicente.
X represented by her mother Y filed a case of
The Court does not lose sight of the legal obligation of Vicente Recognition and Support in Court against Z based on the
and Rebecca to support the needs of their daughter, Alix. Alix, latter handwritten note obligating himself to give financial
having been born on November 27, 1982, reached the support to X. The said note contained the amount of support
majority age on November 27, 2000, or four months before in bi-monthly terms signed by Z. Is the handwritten note is
her mother initiated her petition for declaration of nullity. The enough evidence to established filiation and thus X will be
issue of back support, which allegedly had been partly entitled to be recognized as a child and for the support
shouldered by Rebecca, is best litigated in a separate civil pendente lite?
action for reimbursement. In this way, the actual figure for
the support of Alix can be proved as well as the earning Case: BEN-HUR NEPOMUCENO, vs. ARHBENCEL ANN
capacity of both Vicente and Rebecca. LOPEZ, represented by her mother ARACELI
LOPEZ, G.R. No. 181258, March 18, 2010
• LUA V. LUA, G.R. NOS. 175279-80, 5 JUNE 2013 His second motion for reconsideration having been denied,
DESCALLAR respondent filed a petition for certiorari in the CA.
The general rule is to the effect that when a father is Neither of the parties appealed this decision of the CA. In a
required by a divorce decree to pay to the mother money for Compliance11 dated June 28, 2005, respondent attached a
the support of their dependent children and the unpaid and copy of a check he issued in the amount of P162,651.90
accrued installments become judgments in her favor, he payable to petitioner. Respondent explained that, as decreed
cannot, as a matter of law, claim credit on account of in the CA decision, he deducted from the amount of support
payments voluntarily made directly to the children. However, in arrears (September 3, 2003 to March 2005) ordered by the
special considerations of an equitable nature may justify a CA -- P2,185,000.00 -- plus P460,000.00 (April, May, June
court in crediting such payments on his indebtedness to the and July 2005), totalingP2,645,000.00, the advances given
mother, when that can be done without injustice to her. by him to his children and petitioner in the sum of
P2,482,348.16.
FACTS:
On September 3, 2003,3 petitioner Susan Lim-Lua filed an In her Comment to Compliance with Motion for Issuance of a
action for the declaration of nullity of her marriage with Writ of Execution,12 petitioner asserted that none of the
respondent Danilo Y. Lua, docketed as Civil Case No. CEB- expenses deducted by respondent may be chargeable as part
29346 of the Regional Trial Court (RTC) of Cebu City, Branch of the monthly support contemplated by the CA in CA-G.R.
14. SP No. 84740.
In her prayer for support pendente lite for herself and her two On September 27, 2005, the trial court issued an Order13
children, petitioner sought the amount of P500,000.00 as granting petitioner’s motion for issuance of a writ of execution
monthly support, citing respondent’s huge earnings from as it rejected respondent’s interpretation of the CA decision.
Respondent filed a motion for reconsideration and
Upon receipt of a verified petition for declaration of absolute The CA, in ruling for the respondent said that all the foregoing
nullity of void marriage or for annulment of voidable expenses already incurred by the respondent should, in
In the case at bar, records clearly show and in fact has been …Judgment for support does not become final. The right to
admitted by petitioner that aside from paying the expenses support is of such nature that its allowance is essentially
of their two (2) children’s schooling, he gave his two (2) provisional; for during the entire period that a needy party is
children two (2) cars and credit cards of which the expenses entitled to support, his or her alimony may be modified or
for various items namely: clothes, grocery items and repairs altered, in accordance with his increased or decreased needs,
of their cars were chargeable to him which totaled an amount and with the means of the giver. It cannot be regarded as
of more than One Hundred Thousand (P100,000.00) for each subject to final determination.36
of them and considering that as testified by the private
respondent that she needs the total amount of P113,000.00 QUICK DIGEST:
for the maintenance of the household and other Susan Lim-Lua, petitioner v. Danilo Y. Lua, respondent
miscellaneous expenses and considering further that G.R. No. 175279-80, June 5, 2013
petitioner can afford to buy cars for his two (2) children, and
to pay the expenses incurred by them which are chargeable Facts:
to him through the credit cards he provided them in the
amount of P100,000.00 each, it is but fair and just that the Petitioner Susan Lim-Lua filed an action for the declaration of
monthly support pendente lite for his wife, herein private nullity of her marriage with respondent Danilo Y. Lua. In her
respondent, be fixed as of the present in the amount of prayer for support pendente lite for herself and her two
P115,000.00 which would be sufficient enough to take care children, petitioner sought the amount ofP500,000.00 as
of the household and other needs. This monthly support monthly support, citing respondent’s huge earnings from
pendente lite to private respondent in the amount of salaries and dividends in several companies and businesses
P115,000.00 excludes the amount of One Hundred ThirtyFive here and abroad.
(P135,000.00) Thousand Pesos for medical attendance
expenses needed by private respondent for the operation of After due hearing, Judge Raphael B. Yrastorza, Sr. issued an
both her eyes which is demandable upon the conduct of such Order granting support pendente lite, forthe amount of Two
operation. Likewise, this monthly support of P115,000.00 is Hundred Fifty (P250,000.00) Thousand Pesos would be
without prejudice to any increase or decrease thereof that the sufficient to take care of the needs of the plaintiff. This
trial court may grant private respondent as the circumstances amount excludes the One hundred thirty-five (P135,000.00)
may warrant i.e. depending on the proof submitted by the Thousand Pesos for medical attendance expenses needed by
parties during the proceedings for the main action for plaintiff for the operation of both her eyes which is
support. demandable upon the conduct of such operation. The
amounts already extended to the two (2) children, being a
The amounts already extended to the two (2) children, being commendable act of defendant, should be continued by him
a commendable act of petitioner, should be continued by him considering the vast financial resources at his disposal.
considering the vast financial resources at his disposal.30
(Emphasis supplied.) Respondent filed a motion for reconsideration, asserting that
petitioner is not entitled to spousal support considering that
Respondent admittedly ceased or suspended the giving of she does not maintain for herself a separate dwelling from
monthly support pendente lite granted by the trial court, their children and respondent has continued to support the
which is immediately executory. However, we agree with the family for their sustenance and well-being in accordance with
CA that respondent’s act was not contumacious considering family’s social and financial standing. CA rendered its
that he had not been remiss in actually providing for the Decision, finding merit in respondent’s contention that the
needs of his children. It is a matter of record that respondent trial court gravely abused its discretion in granting
continued shouldering the full cost of their education and P250,000.00 monthly support to petitioner without evidence
even beyond their basic necessities in keeping with the to prove his actual income.
family’s social status. Moreover, respondent believed in good
faith that the trial and appellate courts, upon equitable Issue:
grounds, would allow him to offset the substantial amounts
he had spent or paid directly to his children. Whether certain expenses already incurred by the respondent
may be deducted from the total support in arrears owing to
Respondent complains that petitioner is very much petitioner and her children?
capacitated to generate income on her own because she
presently maintains a boutique at the Ayala Center Mall in Ruling:
Cebu City and at the same time engages in the business of
lending money. He also claims that the two children have As a matter of law, the amount of support which those related
finished their education and are now employed in the family by marriage and family relationship is generally obliged to
business earning their own salaries. give each other shall be in proportion to the resources or
means of the giver and to the needs of the recipient. Such
Suffice it to state that the matter of increase or reduction of support comprises everything indispensable for sustenance,
support should be submitted to the trial court in which the dwelling, clothing, medical attendance, education and
action for declaration for nullity of marriage was filed, as this transportation, in keeping with the financial capacity of the
Court is not a trier of facts. The amount of support may be family.
reduced or increased proportionately according to the
reduction or increase of the necessities of the recipient and Upon receipt of a verified petition for declaration of absolute
nullity of void marriage or for annulment of voidable
Principle: ISSUE:
Abrogation of order where main suit is dismissed- An Whether or not the trial court erred in not awarding the
order for support pendente lite is intended to be operative judgment for past due maintenance accruing under a
exclusively during the pendency of the litigation. Hence, the preliminary order from September, 1920 running until the
voluntary dismissal of the action by the plaintiff has the present action was instituted.
necessary effect of abrogating the order. An order pendente RULING:
lite is in its very nature contingent, and the dismissal of the
action had the effect of abrogating the order. NO. It appears that an order for maintenance pendente lite
was entered by the trial court in the first case filed by plaintiff
Long Digest: and nothing has ever been paid upon said account.
Nevertheless, it appears that plaintiff cause said action to be
FACTS: dismissed in the first case, in reliance upon the defendant's
The parties in this case are husband and wife, who were promises. The dismissal of the said case necessarily had
married in January, 1904, in Dumaguete, Oriental Negros. As the effect of abrogating the order for maintenance
a result of their marriage nine children have been born, three pendente lite, and placed the plaintiff in a position
of whom are dead and six living. The married life of the where she is unable to enforce that order. An order
pendente lite is in its very nature contingent, and the
spouses appears not to have been happy, owing to the loose
dismissal of the action had the effect of abrogating the
morals and violent disposition of the defendant and his
order.
frequent and persistent mistreatment of his wife. In order to
escape from his abuse, the plaintiff was compelled in to take It appears, however, that as a result of the failure of the
refuge with all her children in the house of a neighbor. Upon defendant to pay said maintenance under the order referred