G.R. No. 175279-80 - Lim-Lua vs. Lua

On September 3, 2003, petitioner Susan Lim-Lua filed for nullity of marriage against Danilo Y. Lua in RTC Cebu City, Branch 14 (Civil Case No. CEB-29346), praying for P500,000 monthly support pendente lite for her and their two children.
On March 31, 2004, the trial court granted P250,000 monthly support pendente lite (retroactive to September 2003, totaling P1,750,000) plus P135,000 for petitioner’s eye operations.

Respondent’s motion for reconsideration was denied for lack of proper notice; he was ordered to show cause for contempt for non-compliance.
He petitioned the Court of Appeals (CA), which on April 12, 2005 nullified the RTC orders and instead awarded P115,000 monthly support pendente lite (from April 2005) and ordered recalculation of arrears based on that amount.

In June 2005 respondent filed compliance, issuing a check for P162,651.90 after deducting P2,482,348.16 (value of cars, maintenance and advances) from arrears.
Petitioner moved for a writ of execution; RTC issued it on September 27, 2005 and denied respondent’s motions for reconsideration and inhibition on November 25, 2005.
Respondent still did not pay the full arrears; petitioner filed CA-G.R. SP 01154 for contempt, and respondent filed CA-G.R. SP 01315 for certiorari.

The CA consolidated both petitions, dismissed petitioner’s contempt case, granted respondent’s certiorari, nullified the RTC execution orders, allowed deductions totaling P3,428,813.80 from arrears, and directed respondent to resume P115,000 monthly support plus preliminarily enjoined execution.

Petitioner sought certiorari to set aside the CA decision and resolution, raising:

Whether respondent is guilty of indirect contempt for suspending payment of support pendente lite.
Whether the expenses advanced by respondent may be deducted from the support pendente lite arrears.