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01 REYES VS INES-LUCIANO

GR. NO. L-48219 | February 28, 1979 | Fernandez, J. 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.
EMERGENCY RECIT:
Celia (wife of the petitioner) filed a complaint against Manuel for legal separation on the ground It is thus seen that the respondent judge acted with due deliberation before fixing the amount of
that he attempted to kill her. She asked for support pendent lite for her and her children which support pendente lite in the amount of P4,000.00 a month.
the petitioner opposed the application on the ground that his wife committed adultery. The judge
granted Celia the support for P5000 but was reduced to P4000 after the petitioner moved for In determining the amount to be awarded as support pendente lite it is not necessary to
reconsideration. Reyes filed a petition for certiorari asking that the said order which granted go fully into the merits of the case, it being sufficient that the court ascertain the kind and
support to Celia be annulled on the ground that she is not qualified and if she was, the amount amount of evidence which it may deem sufficient to enable it to justly resolve the
was excessive. CA dismissed the case. SC held that Celia is entitled to support. That adultery as application, one way or the other, in view of the merely provisional character of the
a defense myst be properly proved and sustained. The allegations that the wife committed resolution to be entered. Mere affidavits may satisfy the court to pass upon the application for
adultery will not bar her from receiving support. support pendente lite. It is enough the facts be established by affidavits or other documentary
evidence appearing in the record.
DOCTRINE/S:
The allegation that the wife has committed adultery will not bar her from the right receive In view of the foregoing, the support of P4,000.00 should be made to commence or, March 1,
support pendente lite. Adultery is a good defense and if properly proved and sustained 1979.
wig defeat the action.
WHEREFORE, the petition for certiorari is hereby denied and the decision of the Council of
FACTS: Appeals sought to be reviewed is affirmed with the modification that the support pendente lite at
Private petitioner, Celia Ilustre-Reyes, filed a complaint against her husband, Manuel the rate of Four Thousand Pesos (P4.000.00) a month should commence from March 1, 1979
Reyes (petitioner) for legal separation on the ground that he had attempted to kill the without pronouncement as to costs.
plaintiff. SO ORDERED.
Celia then asked for support pendent lite for her and her three children.
Petitioner reyes opposed the application on the ground that his wife had committed
adultery with her physician.
The application for support pendent lite was set for hearing and was submitted for
resolution on the basis of the pleadings and the documents attached by the parties.
Mrch 15, 1977: The judge (respondent) granted Celias prayer for alimony pendent lite
in the amount of P5,000.00 from June 1976.
Petitioner Reyes filed a motion for reconsideration reiterating the disqualification of her
wife to receive support or that if she is, the amount that was awarded was excessive
so the judge reduced the amount to P4,000.00 a month.
July 25, 1977: Reyes filed a petition for certiorari asking that the order granting
support to Celia be annulled on the ground that the respondent judge committed grave
abuse of discretion or that said order be modified inasmuch as the amount awarded
as support pendent lite is excessive.
CA dismissed the petition.
Hence, this appeal.

ISSUE/S:
1. Whether or not the wife, Celia, should be entitled to support pendent lite despite the
fact that a case for adultery has been filed against her YES.

HELD:
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.

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 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.