GR L 48219; (July, 1979) (Digest)
G.R. No. L-48219 July 25, 1979
MANUEL J.C. REYES, petitioner, vs. HON. LEONOR INES-LUCIANO, as Judge of the Juvenile and Domestic Relations Court, Quezon City, COURT OF APPEALS and CELIA ILUSTRE-REYES, respondents.
FACTS
This case involves consolidated motions for reconsideration of the Supreme Court’s prior decision granting support pendente lite. The private respondent, Celia Ilustre-Reyes, sought modification to make the awarded support of P4,000.00 monthly retroactive to June 1976. She argued that the petitioner, her husband Manuel J.C. Reyes, had ample financial capacity, citing his control of a corporation with multi-million peso projects, acquisition of new luxury cars, maintenance of expensive residences and offices, and recent international pleasure travel with their children. She contended she incurred significant debts and owed attorney’s fees during the period she allegedly received no support. Conversely, the petitioner filed his own motion, arguing the trial court should first receive evidence on his wife’s entitlement to support and that the P4,000.00 monthly amount was excessive and beyond his means.
ISSUE
The primary issue is whether the motions for reconsideration filed by both parties have merit, specifically concerning the retroactivity and the reasonableness of the support pendente lite award.
RULING
The Supreme Court denied the petitioner’s motion and partially granted the private respondent’s. The Court found no merit in the petitioner’s claim of financial incapacity. It examined the exhibits, noting the petitioner’s corporation, Development and Technology Consultants, Inc., had multi-million peso construction projects and gross receipts amounting to several million pesos. The petitioner did not deny allegations of corporate acquisitions of new automobiles, his maintenance of expensive offices and condominium, or his recent two-month abroad trip. The Court thus held the P4,000.00 monthly support was reasonable and not ruinous to him. Regarding retroactivity, the Court balanced the equities. It considered that the private respondent had received no support due to a Court of Appeals restraining order until the Supreme Court allowed interim support of P1,000.00 monthly, forcing her into debt. However, instead of retroacting to June 1976 as she requested, the Court modified the award to commence from November 1, 1977, noting that any support paid would ultimately be deducted from her share in the conjugal partnership. The decision was modified accordingly.