Case Summary (G.R. No. 145527)
Factual Background
Bernadette Pondevida demanded monthly support from Gan for their three-year-old daughter, Francheska. Gan denied paternity. Bernadette filed a complaint for support and support pendente lite on behalf of the child.
Procedural History in the Trial Court
- Gan’s motion to dismiss for failure to state a cause of action was denied.
- Gan did not answer within the reglementary period.
- Bernadette moved for Gan’s default on 19 January 2000; motion granted.
- Trial court proceeded ex parte, found paternity and support adequately proved, and on 12 May 2000 ordered Gan to:
• Recognize Francheska as his illegitimate child
• Pay ₱20,000 monthly support (retroactive arrears at same rate)
• Pay ₱50,000 attorney’s fees and ₱25,000 litigation expenses
• Pay ₱20,000 monthly alimony pendente lite if he appealed
Issuance of Writ of Execution and Levy
Private respondent moved for immediate execution, granted for Francheska’s urgent schooling needs.
Sheriff levied a Honda City (UMT 884) on Gan’s warehouse premises.
Appeal and Petition for Certiorari to the Court of Appeals
Gan appealed the support decision and filed a certiorari petition, alleging:
• Grave abuse of discretion in ordering immediate execution of a non-final support judgment without exceptional reasons
• Violation of his right to notice and hearing on the execution writ
• Erroneous default declaration and deprivation of a meritorious defense (adultery)
He offered DNA testing for paternity.
Ruling of the Court of Appeals
On 31 August 2000, the CA dismissed Gan’s petition, holding that:
• Under Section 4, Rule 39, support judgments are immediately executory and not stayed by appeal
• Lack of notice did not warrant relief, as substantial justice prevailed over technical defects
• Late answer lacked excusable negligence
Issues on Appeal to the Supreme Court
- Whether a support judgment subject to appeal may be executed absent exceptional circumstances
- Whether issuance of the writ without prior notice to Gan violated due process
- Whether the default order and ensuing judgment must be set aside to allow proof of an adultery defense and DNA testing
Supreme Court Analysis on Immediate Executability
The Court held that Rule 39, Section 4, peremptorily mandates immediate execution of support judgments, irrespective of appeal. Allowing exception would contravene the rule’s clear language and undermine the child’s right to timely relief.
Supreme Court Analysis on Notice of Execution
Substantial justice outweighed procedural technicalities. Gan’s own delays and failure to comply—surren
...continue readingCase Syllabus (G.R. No. 145527)
Facts and Origin of the Dispute
- Bernadette S. Pondevida, worried for her three-year-old daughter Francheska’s education, demanded support from petitioner Augustus Caezar R. Gan for their “love child.”
- Petitioner denied paternity; Bernadette filed, on behalf of Francheska, a complaint for support with a prayer for support pendente lite.
Trial Court Proceedings
- Petitioner’s motion to dismiss for failure to state a cause of action was denied; he argued the birth certificate listed the father as “UNKNOWN.”
- He then failed to file an answer within the reglementary period; private respondent moved to declare him in default and the trial court granted the motion.
- The trial court admitted evidence ex parte and, on 12 May 2000, ordered:
- Recognition of Francheska as petitioner’s illegitimate child;
- Monthly support of ₱20,000 beginning April 2000, arrears of ₱20,000 per month from birth;
- Attorney’s fees of ₱50,000, litigation expenses of ₱25,000, and alimony pendente lite of ₱20,000 per month.
Issuance and Execution of Writ
- Private respondent moved for immediate execution citing the child’s urgent schooling needs; trial court issued a writ of execution.
- The sheriff levied on a Honda City (Plate No. UMT 884) registered to A.B. Leasing & Fin. Corp., located at petitioner’s warehouse.
- Petitioner surrendered a different sedan; the levied vehicle was late