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.

FACTS

Celia Ilustre-Reyes filed a complaint for legal separation against her husband, Manuel J. C. Reyes, in the Juvenile and Domestic Relations Court of Quezon City. The complaint alleged that Manuel had attempted to kill her on two specific occasions, detailing violent assaults including pummeling her, banging her head against a cement floor, pushing her down a stairway, and dousing her with juice while kicking her. In the same action, Celia prayed for support pendente lite for herself and their three children. Manuel opposed the application for support, contending that his wife was not entitled to it because she had committed adultery with her physician. The respondent judge, after a hearing based on pleadings and attached documents, initially granted support of P5,000 monthly, later reducing it to P4,000 per month.
Manuel filed a petition for certiorari with the Court of Appeals, seeking to annul the support order on grounds of grave abuse of discretion and excessiveness of the amount. The Court of Appeals dismissed his petition, finding no clear case of grave abuse of discretion, considering the wife’s plight during the litigation and the husband’s apparent financial capability. Manuel then elevated the case to the Supreme Court via the present petition.

ISSUE

Whether the Court of Appeals erred in affirming the trial court’s order granting support pendente lite to the wife in a legal separation case, despite the husband’s allegation of her adultery and his claim that the amount awarded was excessive and based on insufficient evidence.

RULING

The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. On the first issue, the Court held that while adultery is a valid defense that can defeat a claim for support, a mere allegation is insufficient to bar an award of support pendente lite. The alleged adultery must be established by competent evidence. In the hearing for provisional support, the petitioner failed to present any evidence to substantiate his claim of his wife’s adultery. He retained the opportunity to prove this allegation during the full trial on the merits of the legal separation case, but it could not preclude the provisional award. The Court also noted the wife’s claim that the support was to be sourced from conjugal property, further casting doubt on the defense’s impact on her provisional right.
On the second issue, the Court ruled that the amount of P4,000 monthly was not excessive and was determined without grave abuse of discretion. The Court explained that in applications for support pendente lite, a detailed evidentiary hearing is not required. It is sufficient for the court to ascertain the facts from affidavits and other documentary evidence in the record. The complaint’s detailed allegations of violence established a prima facie basis for the wife’s need for support during litigation. Furthermore, the submitted documents demonstrated the husband’s substantial financial capacity through multi-million peso contracts with government ministries. Considering the high cost of living and the husband’s financial ability, the award was justified. The Supreme Court modified the commencement date of the P4,000 support to March 1, 1979, acknowledging prior partial compliance with a reduced temporary order.