G.R. No. L-48219 February 28, 1979
MANUEL J. C. REYES, petitioner,
vs.
HON. LEONOR INES-LUCIANO, as Judge of the Juvenile & Domestic Relations Court, Quezon
City, COURT OF APPEALS and CELIA ILUSTRE-REYES, respondents.
Eriberto D. Ignacio for petitioner.
Gonzalo D. David for private respondent.
FERNANDEZ, J.:
This is a petition for certiorari to review the decision of the Court of Appeals in CA-G.R. No. 06928-SP
entitled "Manuel J. C. Reyes, petitioner, versus, The Hon. Leonor Ines-Luciano as Judge of the Juvenile
& Domestic Relations Court (Quezon City) and Celia Ilustre-Reyes, Respondents", dismissing the petition
to annul the order of the respondent Judge directing the petitioner to give support pendente lite to his
wife, Celia Ilustre-Reyes, private respondent herein, in the amount of P40,000.00 a month.
1
The private petitioner, Celia Ilustre-Reyes, filed in the Juvenile and Domestic Relations Court of Quezon
City a complaint dated June 3, 1976 against her husband, Manuel J. C. Reyes, for legal separation on
the ground that the defendant had attempted to kill plaintiff. The pertinent allegations of the complaint are:
6.8 On March 10, 1976, defendant went to V. Ilustre and attacked plaintiff. He
pummeled her with fist blows that floored her, then held her head and, with intent to
kill, bumped it several times against the cement floor. When she ran upstairs to her
father for protection, he pushed her at the stairway of 13 flights and she fell sliding to
the ground floor. Determined to finish her off, he again gave her a strong swing at
her abdomen which floored her half unconscious. Were it not for plaintiff's father, he
would have succeeded killing her;
6.9. On May 26, 1976, although on May 11 previous she ceased holding office with
defendant at Bel-Air Apartments elsewhere adverted to, she went thereto to get her
overnight bag. Upon seeing her, defendant yelled at her to get out of the office.
When he did not mind him, he suddenly doused her with a glass of grape juice,
kicked her several times that landed at her back and nape, and was going to hit her
with a steel tray as her driver, Ricardo Mancera, came due to her screams for help.
For fear of further injury and for life, she rushed to Precinct 5 at united Nations
Avenue, Manila Metropolitan Police, for assistance and protection;
2
The plaintiff asked for support pendente lite for her and her three children. The defendant, petitioner
herein, opposed the application for support pendente lite on the ground that his wife had committed
adultery with her physician.
The application for support pendente lite was set for hearing and submitted for resolution on the basis of
the pleadings and the documents attached thereto by the parties.
The respondent Judge issued an order dated March 15, 1977 granting plaintiff's prayer for
alimony pendente litein the amount of P5,000.00 a month commencing from June 1976.
3
The petitioner filed a motion for reconsideration reiterating that his wife is not entitled to support during
the pendency of the case, and, alleging that even if she entitled, the amount awarded was excessive. The
respondent Judge reduced the amount from P5,000.00 to P44,00.00 a month in an order dated June 17,
1977.
4
Manuel J. C. Reyes filed a petition for certiorari in the Court of Appeals dated July 25, 1977 asking that
the order granting support pendente lite to private respondent. Celia Ilustre-Reyes, be annulled on the
ground that the respondent Judge, Leonor Ines-Luciano, had committed a grave abuse of discretion or
that said order be modified inasmuch as the amount awarded as support pendente lite is excessive.
The Court of Appeals dismissed the petition because:
Considering the plight of the wife during the pendency of the case for legal
separation and that the husband appears to be financially capable of giving the
support, We believe that the petitioner has not presented a clear case of grave
abuse of discretion on the part of the respondent in issuing the questioned orders.
We see no compelling reason to give it due course.
5
The petitioner contends that the Court of Appeal committed the following error:
THE HON. COURT OF APPEALS GRIEVOUSLY ERRED IN A MANNER
AMOUNTING IT CAN ERROR OF LAW AND A DEPARTURE FROM THE
ACCEPTED NORMS LAID DOWN BY THIS HON. COURT IN THE CASES WE
SHALL LATER ON DISCUSS, IN REFUSING TO GIVE DUE COURSE TO THE
ORIGINAL PETITION FOR certiorari HEREIN AGAINST RESPONDENTS-
APPELLEES, AND IN AFFIRMING THE ORDERS FOR SUPPORT PENDENTE
LITE ANNEXES "F" AND "H" OF THIS PETITION WHEN HELD THAT
RESPONDENT-APPELLEE JUDGE DID NOT COMMIT ANY ABUSE OF
DISCRETION IN ISSUING SAID ORDERS, FOR THE REASONS THAT:
A. IN ACTIONS FOR LEGAL SEPARATION THE WIFE IS ENTITLED TO
SUPPORT FROM THE HUSBAND DESPITE THE FACT THAT A CASE FOR
ADULTERY HAD BEEN FILED BY THE HUSBAND AGAINST HER; AND
B. IN DETERMINING THE AMOUNT OF SUPPORT PENDENTE LITE, IT IS
ENOUGH THAT THE COURT ASCERTAIN THE KIND AND AMOUNT OF
EVIDENCE EVEN BY AFFIDAVITS ONLY OR OTHER DOCUMENTARY
EVIDENCE APPEARING IN THE RECORDS.
6
It is true that the adultery of the wife is a defense in an action for support however, the alleged adultery of
wife must be established by competent evidence. The allegation that the wife has committed adultery will
not bar her from the right receive support pendente lite. Adultery is a good defense and if properly proved
and sustained wig defeat the action.
7
In the instant case, at the hearing of the application for support pendente lite before the Juvenile and
Domestic Relations Court presided by the respondent Judge, Hon. Leonor Ines-Luciano the petitioner did
not present any evidence to prove the allegation that his wife, private respondent Celia Ilustre-Reyes, had
committed adultery with any person.
The petitioner has still the opportunity to adduce evidence on the alleged adultery of his wife when the
action for legal separation is heard on the merits before the Juvenile and Domestic Relations Court of
Quezon City. It is to be noted however, that as pointed out by the respondents in their comment, the
"private respondent was not asking support to be taken from petitioner's personal funds or wherewithal,
but from the conjugal property—which, was her documentary evidence ...".
8
It is, therefore, doubtful
whether adultery will affect her right to alimony pendente lite. In Quintana vs. Lerma,
9
the action for
support was based on the obligation of the husband to support his wife.
The contention of the petitioner that the order of the respondent Judge granting the private respondent
support pendente lite in the amount of P4,000.00 a month is not supported by the allegations of the
complaint for legal separation and by competent evidence has no merit.
The complaint or legal separation contains allegations showing that on at least two occasions the
defendant, petitioner herein, had made attempts to kill the private respondent. Thus it is alleged that on
March 10, 1976, the defendant attacked plaintiff, pummeled her with fist blows that floored her, held her
head and with intent to kill, bumped it several times against the cement floor and when she ran upstairs
to her father for protection, the petitioner pushed her at the stairway of thirteen (13) flights and she fell
sliding to the ground floor and defendant gave her a strong swing at her abdomen which floored her half
unconscious and were it not for plaintiff's father, defendant would have succeeded in killing her. 10 It is
also alleged that on May 26, 1976, the defendant doused Celia Ilustre-Reyes with a glass of grape juice,
kicked her several times at her back and nape and was going to hit her with a steel tray if it were not for
her driver who came due to her creams for help."
11
In fixing the amount of monthly support pendente lite of P4,000,00, the respondent judge did not act
capriciously and whimsically. When she originally fixed the amount of P5,000.00 a month, the respondent
Judge considered the following:
On record for plaintiff's cause are the following: that she and defendant were married
on January 18, 1958; that she is presently unemployed and without funds, thus, she
is being supported by her father with whom she resides: that defendant had been
maltreating her and Cried to kill her; that all their conjugal properties are in the
possession of defendant who is also president, Manager and Treasurer of their
corporation namely:
1. Standard Mineral Products, which was incorporated on February 9, 1959:
presently with paid-in capital of P295,670.00; assets and liabilities of P757,108.52;
Retained Earnings of P85,654.61: and majority stockholder is defendant;
2. Development and Technology Consultant Inc. incorporated on July 12, 1971, with
paid-in capital of P200,000.00; Assets and liabilities of P831,669.34; defendant owns
99% of the stocks; and last Retained Earnings is P98,879.84.
3. The Contra-Prop Marine Philippines, Inc. which was incorporated on October 3,
1975, with paid-in capital of P100,000 defendant owns 99% of the stocks.
To secure some of the of said Agreement of Counter-Guaranty Mortgage with Real
Estate, and Real Estate Mortgage were undertaken by plaintiff of their properties
outside of other accommodations; and that she needs of P5,000.00 a month for her
support in accordance with their station in life.
12
The amount of support pendente lite was reduced to P4,000.00 inasmuch as the children are in the
custody of the petitioner and are being supported by him.