Case Summary (G.R. No. 185595)
Procedural Background
- January 16, 1998: Petitioner filed an amended complaint for annulment of marriage on grounds of psychological incapacity under Article 36 of the Family Code.
- May 19, 1998: RTC granted support pendente lite, ordering respondent to pay ₱42,292.50 monthly plus 50% tuition and related school expenses.
- August 15, 2001: Supreme Court in G.R. No. 139337 held that RTC’s support orders were valid despite a non-forum-shopping certificate defect, reinstating RTC proceedings.
- October 11, 2002: RTC reiterated the ₱42,292.50 monthly support retroactive to April 1, 1999.
- February 11, 2003: Respondent moved to reduce support, citing income lower than the ordered support.
- March 7, 2005 and May 4, 2005: RTC granted the motion to reduce support, denied spousal support and increase of child support, and refused to rule on arrearages.
- May 16, 2005: RTC rendered a final decision annulling the marriage, awarding child custody to petitioner, and ordering ₱30,000 monthly child support.
- June 14, 2005: Petitioner appealed only the March 7 and May 4, 2005 interlocutory orders.
- September 9, 2008: CA dismissed the appeal for lack of appealability of interlocutory orders.
- January 9, 2013: Supreme Court denied the petition for review.
Key Dates
• Marriage: December 4, 1985
• Amended Complaint Filed: January 16, 1998
• Initial Support Order: May 19, 1998
• RTC Interlocutory Orders: March 7 & May 4, 2005
• RTC Final Decision: May 16, 2005
• CA Decision: September 9, 2008
• Supreme Court Decision: January 9, 2013
Applicable Law
• 1987 Philippine Constitution
• Family Code of the Philippines, Art. 36 (psychological incapacity)
• 1997 Rules of Civil Procedure, Rule 41, Section 1 (appealability), Rule 61 (support pendente lite)
• A.M. No. 02-11-12-SC (Rule on Provisional Orders in annulment cases, effective March 15, 2003)
Issue
Whether the March 7 and May 4, 2005 RTC orders on support pendente lite and arrearages are mere interlocutory orders not appealable as of right, thus barring petitioner’s appeal.
Interlocutory vs. Final Orders
A final order fully disposes of a case or adjudicates parties’ rights and liabilities, leaving nothing for further judicial action except appeal or execution. An interlocutory order resolves incidental or provisional matters during the pendency of the main action and does not terminate the court’s adjudicative function. Support pendente lite orders, being provisional measures ancillary to the annulment action, do not finally determine the controversy.
Provisional Remedies and Rule on Provisional Orders
Support pendente lite is a provisional remedy available during the pendency of annulment proceedings to preserve the children’s welfare. The Rule on Provisional Orders (A.M. No. 02-11-12-SC) expressly includes spousal and child support among measures governed b
...continue readingCase Syllabus (G.R. No. 185595)
Facts of the Case
- Petitioner Ma. Carminia C. Calderon and private respondent Jose Antonio F. Roxas married on December 4, 1985 and had four children.
- On January 16, 1998, petitioner filed an Amended Complaint for declaration of nullity of marriage under Article 36 of the Family Code, alleging psychological incapacity.
- On May 19, 1998, the RTC of Parañaque City granted support pendente lite, ordering respondent to pay ₱42,292.50 per month (plus 50% of tuition, books, supplies) effective May 1, 1998, with arrearages to be taken up later.
- The Supreme Court, in G.R. No. 139337 (August 15, 2001), held that the orders and proceedings in Civil Case No. 97-0608 were not void for omission in the forum-shopping certificate and reinstated them.
- On October 11, 2002, the RTC reiterated the monthly support of ₱42,292.50 from April 1, 1999.
- On February 11, 2003, respondent moved to reduce support, citing a monthly salary of ₱20,800 as city councilor.
- After evidentiary hearings, on March 7, 2005, the RTC granted the motion to reduce support, denied spousal support, and refused to increase child support pendente lite or award support-in-arrears.
- Petitioner’s partial reconsideration was denied on May 4, 2005.
- On May 16, 2005, the RTC rendered a final Decision: declared the marriage null and void; awarded custody of three minor children to petitioner; ordered child support of ₱30,000 per month; directed dissolution of conjugal partnership; and mandated payment of school fees, transportation, allowances.
- Petitioner filed a Notice of Appeal on June 14, 2005, exclusively from the March 7 and May 4, 2005 Orders, not fr