CIVIL LAW CASE DIGEST | Belen Mangonon v. Court of Appeals and Francisco Delgado, G.R. No. 125041, June 30, 2006 (law)

Belen Mangonon v. Court of Appeals and Francisco Delgado, 

G.R. No. 125041, June 30, 2006 (law)


FACTS On March 17, 1994 , Ma. Belen B. Mangonon filed a petition for the declaration of Legitimacy and Support, with application of pedente lite in behalf of her then minor children Rica and Rina, with the Regional Trial Court of Makati. In the petition filed by Belen, it was alleged that on February 16 1975,  Federico Delgado, 19 years of age were civilly married to Ma. Belen Mangonon, 21 years of age by then City Court Judge Eleuterio Agudo in Legaspi City, Albay. As the marriage was solemnized without the required consent as per Article 85 of the New Civil Code, the marriage was annulled on August 11 1975 by the Quezon City Juvenile and Domestic Relations Court. On March 25 1976, petitioner gave birth to twins Rica and Rina. According to petitioner, she, with the assistance of her second husband Danny Mangonon, raised her twin daughters as private respondents had totally abandoned them. At the time of the institution of the petition, Rica and Rina were about to enter college in the United States of America (USA) where petitioner, together with her daughters and second husband, had moved to and finally settled in. Rica was admitted to the University of Massachusetts (Amherst) while Rina was accepted by the Long Island University and Western New England College. Despite their admissions to said universities, Rica and Rina were, however, financially incapable of pursuing collegiate education. Whether Francisco Delgado is obliged to support Rica and Rina


RULING As to the amount of support pendente lite, The court takes its bearings from the provision of the law mandating the amount of support to be proportionate to the resources or means of the giver and to the necessities of the recipient. Guided by this principle, we hold respondent Francisco liable for half of the amount of school expenses incurred by Rica and Rina as support pendente lite. As established by petitioner, respondent Francisco has the financial resources to pay this amount given his various business endeavors. Considering, however, that the twin sisters may have already been done with their education by the time of the promulgation of this decision, the court deems it proper to award support pendente lite in arrears to be computed from the time they entered college until they had finished their respective studies. The issue of the applicability of Article 15 of the Civil Code on petitioner and her twin daughters raised by respondent Francisco is best left for the resolution of the trial court. After all, in case it would be resolved that Rica and Rina are not entitled to support pendente lite, the court shall then order the return of the amounts already paid with legal interest from the dates of actual payment. 







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