SUSAN LIM-LUA VS. DANILO LUA G.R. Nos. 175279-80 June 5, 2013
FACTS:
Susan Lim-Lua filed a petition against Danilo Lua for a declaration of nullity of marriage with a prayer for support pendente lite for herself and her two children amounting to P500,000.00 per month. Citing respondent’s huge earnings from salaries and dividends in several companies and businesses here and abroad.
After due hearing, RTC cited Art. 203 of the Family Code, stating that support is demandable from the time plaintiff needed the said support but is payable only from the date of judicial demand, and thus also granted support pendente lite of P250,000.00.
The husband filed for Motion for Reconsideration asserting that petitioner is not entitled to spousal support considering that she does not maintain for herself a separate dwelling from their children and respondent has continued to support the family for their sustenance and well- being in accordance with family’s social and financial standing.
The husband also assert that the P250,000 monthly support and the 1,750,000.00 retroactive support is unconscionable and beyond the intendment of the law for not having considered the needs of the respondent
MR denied thus he appealed to the CA wherein it reduced the monthly support to P115,000.00 which ruling was no longer questioned by both parties.
The controversy between the parties resurfaced when respondent’s compliance with the final CA decision indicated that he deducted from the total amount in arrears (P2,645,000.00) the sum of P2,482,348.16, representing the value of the two cars for the children, their cost of maintenance and advances are given to the petitioner and his children.
CA ruled in favor of the husband that the expenses incurred by the husband be considered advances which may be properly deducted from the support in arrears due to the petitioner and the two children.
Thus ordered the deduction of the amount of PhP3,428,813.80 from the current total support in arrears of Danilo to his wife, Susan Lim Lua and their two children.
ISSUE:
Whether certain expenses already incurred by the respondent may be deducted from the total support in arrears owing to the petitioner and her children.
RULING.
The SC partly granted CA’s decision. First, is to resume payment of his monthly support of PhP115,000.00 pesos starting from the time payment of this amount was deferred by him. Second, that only the amount of Php 648,102.29 may be allowed as deductions from the accrued support pendente lite for petitioner and her children and not PhP3,428,813.80 (rendered by the CA).