G.R. No. 168387 - Marquez vs. Espejo

Petitioner, a minor assisted by his mother, filed a complaint on February 4, 1953, in the Court of First Instance of Cavite (Civil Case No. 5309) for acknowledgment as the natural child of respondent Simeon Garcia.
On December 15, 1956, the Cavite court rendered judgment in favor of the petitioner, recognizing him as the natural child of Simeon Garcia.

Respondent Simeon Garcia appealed the decision of the Cavite court, and the case was docketed in the Court of Appeals as CA-G.R. No. 20513.
While the appeal was pending, further relief was sought by the petitioner regarding support pendente lite.

On September 4, 1957, the petitioner, through his guardian and relying on the December 15, 1956 decision, instituted Civil Case No. 6166 in the same Court of First Instance of Cavite, asking for both support proper and support pendente lite from Simeon Garcia.
On December 10, 1957, the lower court issued an order granting support pendente lite in favor of the petitioner in the amount of P100.08 monthly, commencing from September 1957.

Simeon Garcia filed a petition for certiorari with an injunction before the Court of Appeals (CA-G.R. No. 22428) in a bid to prevent the enforcement of the lower court’s order for support pendente lite.
The Court of Appeals granted the respondent’s petition, declaring the lower court’s order null and void on the basis that the decision requiring petitioner’s acknowledgment as Simeon Garcia’s natural child had not become final due to the pending appeal.

In response, the petitioner contended that support pendente lite is inherently a temporary relief; thus, the final judgment concerning the paternity is not an indispensable prerequisite for its grant.
To bolster his argument, the petitioner cited several decisions:

Sanchez vs. Zulueta, 68 Phil. 112 – emphasizing that prima facie evidence indicative of a family relation is sufficient.
Francisco vs. Zandueta, 61 Phil. 757 – positing that even an authoritative declaration of the relationship would suffice.
Crisolo vs. Hon. Macadaeg, 94 Phil. 862 – maintaining that the obligation to support a natural child commences once the acknowledgement is compelled by decree.

Petitioner then filed a petition for certiorari with this Court, seeking to reverse the appellate court’s order and uphold the trial court’s action granting support pendente lite.

Whether the petitioner, although he remains unacknowledged as the natural child of respondent Simeon Garcia due to the pending appeal, may still be granted support pendente lite.
Whether the temporary nature of support pendente lite allows the trial court to exercise discretion in ordering support before the judgment on paternity becomes final.