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SUSAN LIM-LUA v. DANILO LUA G.R. No. 175279-80, 5 June 2013, FIRST DIVISION (Villarama, Jr., J.

) Any amount sought to be credited as monthly support should only cover those incurred for sustenance and household expenses. The only allowable deductions to the total support in arrears are only those that are related to the court decree. Incurred expenses that were treated as gifts and voluntarily given to the children which are not connected with the decree cannot be credited to the total support in arrears. Accompanied in her petition for the declaration of nullity of her marriage with Danilo Lua, Susan Lua prayed for P 500, 000.00 as monthly support for her and their children. The Regional Trial Court (RTC) granted the support pendente lite ordering P 250, 000.00 as the monthly support and that Danilo Lua should pay P 1, 750, 000.00 as support in arrears covering September 2003 to March 2004. Danilo Lua refused to pay the support in arrears pendente lite and filed an appeal to the Court of Appeals (CA). The CA reversed the RTC decision and decreased the monthly support to P 115, 000.00. Also, the CA ordered Danilo Lua to pay P 2, 645, 000.00 as total support in arrears covering September 2003 to July 2005. From the CA decision, Danilo Lua complied by issuing a check in the amount of P 162, 651.90 payable to Susan Lua. He explained that he deducted P 2, 482, 348.16, which sums up the advances he gave to his children and Susan Lua, from the total support in arrears. Hence, this petition. ISSUE: Can Danilo Lua deduct the expenses already incurred from the total support in arrears owing to Susan Lua and her children pursuant to the CA decision? RULING: Yes, the amount of support may be increased or decreased proportionately in accordance with the necessities of the recipient and the resources or means of the person obliged to support. As a matter of law, the amount of support which those related by marriage and family relationship is generally obliged to give each other shall be in proportion to the resources or means of the giver and to the needs of the recipient. Such support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Here, the CA should not have allowed all the expenses incurred by Danilo Lua to be credited against the accrued support pendente lite. As earlier mentioned, the monthly support pendente lite granted by the trial court was intended primarily for food, household expenses such as salaries of drivers and house helpers, and also Susan Luas scoliosis therapy sessions. Hence, the value of two expensive cars bought by Danilo Lua for his children plus their maintenance cost, travel expenses of Susan Lua and Angelli, purchases through credit card of items other than groceries and dry goods (clothing) should have been disallowed, as these bear no relation to the judgment awarding support pendente lite. It is but fair and just that he give a monthly support for the sustenance and basic necessities of Susan Lua and his children. This would imply that any amount Danilo Lua seeks to be credited as monthly support should only cover those incurred for sustenance and household expenses.

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