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    Lim-Lua v. Lua 2013

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    Aleli Guinto
    Petitioner Susan Lim-Lua filed for nullity of marriage and support pendente lite from respondent Danilo Lua. The trial court granted PHP250,000 monthly support but the appellate court reduced it to PHP115,000. Petitioner sought the amount of support in arrears. The Supreme Court ruled that certain expenses already incurred by respondent for their children could be deducted from the total support in arrears owed to petitioner and their children, as support comprises necessities in keeping with the financial capacity of the family.

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    Lim-Lua v. Lua 2013

    Uploaded by

    Aleli Guinto
    629 views1 page
    Petitioner Susan Lim-Lua filed for nullity of marriage and support pendente lite from respondent Danilo Lua. The trial court granted PHP250,000 monthly support but the appellate court reduced it to PHP115,000. Petitioner sought the amount of support in arrears. The Supreme Court ruled that certain expenses already incurred by respondent for their children could be deducted from the total support in arrears owed to petitioner and their children, as support comprises necessities in keeping with the financial capacity of the family.

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    Petitioner Susan Lim-Lua filed for nullity of marriage and support pendente lite from respondent Danilo Lua. The trial court granted PHP250,000 monthly support but the appellate court reduced it to PHP115,000. Petitioner sought the amount of support in arrears. The Supreme Court ruled that certain expenses already incurred by respondent for their children could be deducted from the total support in arrears owed to petitioner and their children, as support comprises necessities in keeping with the financial capacity of the family.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    629 views1 page

    Lim-Lua v. Lua 2013

    Uploaded by

    Aleli Guinto
    Petitioner Susan Lim-Lua filed for nullity of marriage and support pendente lite from respondent Danilo Lua. The trial court granted PHP250,000 monthly support but the appellate court reduced it to PHP115,000. Petitioner sought the amount of support in arrears. The Supreme Court ruled that certain expenses already incurred by respondent for their children could be deducted from the total support in arrears owed to petitioner and their children, as support comprises necessities in keeping with the financial capacity of the family.

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    © All Rights Reserved
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    of 1

    Susan Lim-Lua, petitioner v. Danilo Y. Lua, respondent G.R. No.

    175279-80, June 5, 2013 Nature: Petition for review on certiorari under Rule 5 Topic: Per!on!, "u##ort #endente lite Facts: Petitioner "u!an $i%-$ua filed an action for t&e declaration of nullit' of &er %arria(e wit& re!#ondent )anilo *. $ua. +n &er #ra'er for !u##ort #endente lite for &er!elf and &er two c&ildren, #etitioner !ou(&t t&e a%ount ofP500,000.00 a! %ont&l' !u##ort, citin( re!#ondent,! &u(e earnin(! fro% !alarie! and dividend! in !everal co%#anie! and -u!ine!!e! &ere and a-road. .fter due &earin(, Jud(e Ra#&ael /. *ra!tor0a, "r. i!!ued an 1rder (rantin( !u##ort #endente lite, fort&e a%ount of 2wo 3undred 4ift' 5P250,000.006 2&ou!and Pe!o! would -e !ufficient to ta7e care of t&e need! of t&e #laintiff. 2&i! a%ount e8clude! t&e 1ne &undred t&irt'-five 5P135,000.006 2&ou!and Pe!o! for %edical attendance e8#en!e! needed -' #laintiff for t&e o#eration of -ot& &er e'e! w&ic& i! de%anda-le u#on t&e conduct of !uc& o#eration. 2&e a%ount! alread' e8tended to t&e two 526 c&ildren, -ein( a co%%enda-le act of defendant, !&ould -e continued -' &i% con!iderin( t&e va!t financial re!ource! at &i! di!#o!al. Re!#ondent filed a %otion for recon!ideration, a!!ertin( t&at #etitioner i! not entitled to !#ou!al !u##ort con!iderin( t&at !&e doe! not %aintain for &er!elf a !e#arate dwellin( fro% t&eir c&ildren and re!#ondent &a! continued to !u##ort t&e fa%il' for t&eir !u!tenance and well--ein( in accordance wit& fa%il',! !ocial and financial !tandin(. 9. rendered it! )eci!ion, findin( %erit in re!#ondent,! contention t&at t&e trial court (ravel' a-u!ed it! di!cretion in (rantin( P250,000.00 %ont&l' !u##ort to #etitioner wit&out evidence to #rove &i! actual inco%e. Issue: :&et&er certain e8#en!e! alread' incurred -' t&e re!#ondent %a' -e deducted fro% t&e total !u##ort in arrear! owin( to #etitioner and &er c&ildren; Ruling: .! a %atter of law, t&e a%ount of !u##ort w&ic& t&o!e related -' %arria(e and fa%il' relation!&i# i! (enerall' o-li(ed to (ive eac& ot&er !&all -e in #ro#ortion to t&e re!ource! or %ean! of t&e (iver and to t&e need! of t&e reci#ient. "uc& !u##ort co%#ri!e! ever't&in( indi!#en!a-le for !u!tenance, dwellin(, clot&in(, %edical attendance, education and tran!#ortation, in 7ee#in( wit& t&e financial ca#acit' of t&e fa%il'. <#on recei#t of a verified #etition for declaration of a-!olute nullit' of void %arria(e or for annul%ent of voida-le %arria(e, or for le(al !e#aration, and at an' ti%e durin( t&e #roceedin(, t&e court, %otu #ro#rio or u#on verified a##lication of an' of t&e #artie!, (uardian or de!i(nated cu!todian, %a' te%#oraril' (rant !u##ort #endente lite #rior to t&e rendition of =ud(%ent or final order. /ecau!e of it! #rovi!ional nature, a court doe! not need to delve full' into t&e %erit! of t&e ca!e -efore it can !ettle an a##lication for t&i! relief. .ll t&at a court i! ta!7ed to do i! deter%ine t&e 7ind and a%ount of evidence w&ic& %a' !uffice to ena-le it to =u!tl' re!olve t&e a##lication. +t i! enou(& t&at t&e fact! -e e!ta-li!&ed -' affidavit! or ot&er docu%entar' evidence a##earin( in t&e record. +n t&i! ca!e, t&e a%ount of %ont&l' !u##ort #endente lite for #etitioner and &er two c&ildren wa! deter%ined after due &earin( and !u-%i!!ion of docu%entar' evidence -' t&e #artie!. .lt&ou(& t&e a%ount fi8ed -' t&e trial court wa! reduced on a##eal, it i! clear t&at t&e %ont&l' !u##ort #endente lite of P115,000.00 ordered -' t&e 9. wa! intended #ri%aril' for t&e !u!tenance of #etitioner and &er c&ildren, e.(., food, clot&in(, !alarie! of driver! and &ou!e &el#er!, and ot&er &ou!e&old e8#en!e!. Petitioner,! te!ti%on' al!o %entioned t&e co!t of re(ular t&era#' for &er !colio!i! and vita%in!>%edicine!. .! to t&e financial ca#acit' of t&e re!#ondent, it i! -e'ond dou-t t&at &e can !olel' #rovide for t&e !u-!i!tence, education, tran!#ortation, &ealt&>%edical need! and recreational activitie! of &i! 2&e 4a%il' 9ourt %a' direct t&e deduction of t&e #rovi!ional !u##ort fro% t&e !alar' of t&e #arent."ince t&e a%ount of %ont&l' !u##ort #endente lite a! fi8ed -' t&e 9. wa! not a##ealed -' eit&er #art', t&ere i! no controver!' a! to it! !ufficienc' and rea!ona-lene!!. 2&e di!#ute concern! t&e deduction! %ade -' re!#ondent in !ettlin( t&e !u##ort in arrear!. 2&e a%ount! alread' e8tended to t&e two 526 c&ildren, -ein( a co%%enda-le act of #etitioner, !&ould -e continued -' &i% con!iderin( t&e va!t financial re!ource! at &i! di!#o!al.

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