SUPPORT DURING PROCEEDINGS

REYES vs. INES-LUCIANO

G.R. No. L-48219
February 28, 1979
Facts:
Manuel Reyes attacked his wife twice with the intent to kill. A
complaint was filed on June 3, 1976: the first attempt on March was
prevented by her father and the second attempt, wherein she was already
living separately from her husband, was stopped only because of her
drivers intervention. She filed for legal separation on that ground and
prayed for support pendente lite for herself and her three children. The
husband opposed the application for support on the ground that the wife
committed adultery with her physician. The respondent Judge Ines-Luciano
of the lower court granted the wife pendente lite. The husband filed a
motion for reconsideration reiterating that his wife is not entitled to receive
such support during the pendency of the case, and that even if she is
entitled to it, the amount awarded was excessive. The judge reduced the
amount from P5000 to P4000 monthly. Husband filed a petition for
certiorari in the CA to annul the order granting alimony. CA dismissed the
petition which made the husband appeal to the SC.
Issue:
Whether or not support can be administered during the pendency of
an action.
Ruling:
Yes provided that adultery is established by competent evidence.
Mere allegations will not bar her right to receive support pendente lite.
Support can be administered during the pendency of such cases. In
determining the amount, it is not necessary to go into the merits of the
case. It is enough that the facts be established by affidavits or other
documentary evidence appearing in the record. [The SC on July, 1978
ordered the alimony to be P1000/month from the period of June to February
1979, after the trial, it was reverted to P4000/month based on the accepted
findings of the trial court that the husband could afford it because of his
affluence and because it wasnt excessive.