Case Digest (G.R. No. 108494)
Facts:
In Edward Cumigad y De Castro v. AAA, spouses Edward and AAA were married in 2006 in Taguig City and had a son, BBB, in 2008. Late that year, AAA discovered Edward’s extramarital affair and his abandonment of their family, during which he took and later sold their community-owned Toyota Revo. Edward cohabited with his paramour and fathered two more children in 2010 and 2011, yet continued sending monthly support initially of ₱8,500 and later ₱10,500 for BBB. In 2010, Edward won a Toyota Vios in a raffle and sold it in 2011. Despite AAA’s repeated requests in 2012 for additional educational support amounting to ₱61,350, Edward refused, insisting his contributions were sufficient. AAA, earning ₱31,500 monthly, sought help from relatives and was diagnosed with dysthymia due to emotional distress. On December 18, 2012, she filed a Petition for Permanent Protection Order under Republic Act No. 9262, praying for increased support and an accounting of the car sales. Edward denied wrongCase Digest (G.R. No. 108494)
Facts:
- Parties and Marriage
- Edward D. Cumigad y De Castro (petitioner) and AAA (respondent) married in 2006 in Taguig City.
- They had one child, BBB, born a few years into the marriage.
- Extramarital Affair and Abandonment
- In late 2008, AAA discovered Edward’s affair with his former girlfriend; Edward then abandoned AAA and infant BBB, took and sold the community-owned Toyota Revo, and never returned.
- Edward cohabited with his paramour, fathered two children (2010, 2011), but continued sending monthly support: PHP 8,500 (initially), increased to PHP 10,500 in 2009.
- Educational and Financial Disputes
- After winning a Toyota Vios (2010) which he later sold (2011), Edward refused AAA’s requests for BBB’s educational expenses, deeming them “excessive.”
- During a March 29, 2012 meeting, Edward refused to identify himself on BBB’s school records; in April 2012, he declined to pay PHP 61,350 tuition. AAA’s salary (PHP 31,500) and Edward’s support proved insufficient, forcing her to seek family assistance.
- Petition for Protection Order and Trial Court Ruling
- On December 18, 2012, AAA filed a Petition for Permanent Protection Order under RA 9262, praying for spousal and child support and accounting for sold vehicles; she also filed criminal charges for economic abuse.
- Edward denied neglect and alleged AAA hindered his access to BBB; he claimed he procured medical and educational plans and sent regular support.
- On May 15, 2014, the Regional Trial Court (Branch 207, Muntinlupa City) granted the PPO, finding psychological and economic abuse, and ordered:
- Edward to provide sufficient support to AAA and BBB;
- Metrobank (employer) to deduct one-third of everything Edward receives and remit to AAA and BBB;
- Edward to account for sale of community property vehicle (Article 95, Family Code).
- Appeals and Certiorari Proceedings
- Edward appealed, arguing one-third deduction was excessive, support of PHP 10,500 sufficient, AAA shared support duty, and AAA consented to car sale.
- On April 27, 2015, the Court of Appeals affirmed, holding Edward’s abandonment and denial of adequate support constituted economic abuse; one-third of his PHP 102,000 gross income was proper given BBB’s PHP 60,702 monthly expenses.
- A July 30, 2015 CA resolution denied reconsideration. Edward filed a Petition for Review on Certiorari before the Supreme Court (October 2, 2015).
Issues:
- Whether the Court of Appeals erred in ordering Edward and his employer to withhold and deduct one-third of all he receives (including allowances) as support.
- Whether the Court of Appeals erred in directing Edward to account for the sale of the two vehicles (Toyota Revo, Toyota Vios).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)