What is support pending litigation (pendent lite)? From what date should it be paid? If there are already arrears when the court determined and granted the amount what can be deducted from said accumulated support in arrears? These are the issues resolved in this case of the spouses Sally and Romy.
On September 3, 2003, Sally filed an action before the Regional Trial Court (RTC) for declaration of nullity of her marriage to Romy with a prayer for support pendent lite in the amount of P500,000 a month. She claimed that Romy had huge earnings from salaries and dividends in several companies and businesses here and abroad to pay said amount of support.
On March 31, 2004, after due hearing and submission of documentary evidence by the parties, the RTC granted said support but only in the amount P250,000 a month retroactive to Sept. 3, 2003. On appeal by Romy to the Court of Appeals, the CA rendered a decision on April 12, 2005 further reducing the amount of support pendente lite to P115,000 a month also retroactive as of the filing of the complaint on Sept. 3, 2003. Neither Sally nor Romy appealed this ruling any more.
Controversy however arose again when Romy complied with the said decision on June 28, 2005. By that date the total support in arrears amounted to P2,645,000.00. But he deducted from it the value of two expensive cars (Volkswagen Beetle and BMW316i) he bought for their son and daughter plus their maintenance cost amounting to P2,482,348.16. Thus he paid Sally only the sum of P162,651.90 as support in arrears. In deducting said amount, Romy contended that being children of upper class society, their son and daughter had never in their entire life commuted from one place to another, hence the cars and their maintenance are indispensable to their day-to-day living.
After the trial court disallowed the foregoing deductions, Romy appealed the ruling to the Court of Appeals (CA) and further claimed the following deductions: medical and dental expenses of Sally and their son, travel expenses of Sally and their daughter, credit card purchases and salon expenses of their daughter, school expenses of their son and cash given to their two children all totaling P946,465.64. The CA agreed with Romy and allowed all these items claimed by him to be deducted from the total arrears of the support pendent lite. Was the CA correct?
No. The CA is only partly correct. Support pendent lite is the provisional monthly support granted by the court motu proprio or upon verified petition of any of the parties before the rendition of the final judgment without delving fully on the merits of the case. As a matter of law it comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the parties.
In this case, the monthly support was intended primarily for food, household expenses such as salaries of drivers and medical and dental expenses of the spouse and children entitled to support like Sally’s scoliosis therapy sessions. Hence, the value of the two expensive cars bought by respondent for his children plus their maintenance cost, travel expenses of Sally and their daughter, purchases through credit card of items other than groceries and dry goods (clothing) should not have been deducted as these bear no relation to the judgment awarding support pendente lite. Only the medical and dental expenses of Sally and their son, credit card purchases of their daughter and son for groceries and dry goods totaling P648,102.29 may be allowed as deductions.
When a father is required to pay to the mother money for her and their dependent children’s support, he cannot as a matter of law claim credit on account of payments designated as gifts, nor is he entitled to credit for an automobile given to the children (Lim-Lua vs. Lua, G.R.Nos. 175279-80. June 5, 2013. 697 SCRA, 237).
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