CALDERON V. ROXAS
G.R. No. 185595
January 9, 2013
FACTS: Ma. Carminia Calderon and Jose Roxas were married on 1985, and they
had 4 children. On 1998, Calderon filed a complaint for declaration of nullity of
their marriage on the ground of psychological incapacity.
On 1998, the trial court granted Calderon’s application for support
pendente lite whereby Roxas ordered to contribute to the support of their
minor children with the sum of P42k per month, aside from the 50% of their
school tuition and other school expenses, until further order of the trial court.
On 2003, Roxas filed a Motion to Reduce Support on the ground that the
P42k monthly support was even higher than his then P20k monthly salary. On
March 7, 2005, the trial court granted the motion to reduce support. It
considered the circumstance as supported by evidence:
(1) their eldest child, Jose is a Sangguniang Kabataan Chairman and is already earning a
monthly salary;
(2) all the children stay with Roxas on weekends in their house in Pasay City;
(3) Roxas has no source of income except his salary and benefits as City Councilor;
(4) the voluminous documents substantiated his claim that he is fulfilling his obligation of
supporting his minor children during the pendency of the action;
(5) there is no proof presented by Calderon that she is not gainfully employed, the spouses
being both medical doctors;
(6) the unrebutted allegation of Roxas that Calderon is already in the United States; and
(7) the alleged arrearages of Roxas was not substantiated by Calderon with any evidence
while private respondent had duly complied with his obligation as ordered by the court
through his overpayments in other aspects such as th e children’s school tuition fees,
real estate taxes and other necessities.
On May 4, 2005, Calderon made motion for reconsideration of the above-
mentioned order, but is was denied.
On May 16, 2005 RTC rendered judgment declaring the marriage null
and void. Ordering Roxas to provide support in the amount of P30k per month.
The judgment before final.
In Calderon’s appeal, she emphasized that she is not appealing the
decision which had become final. She pointed out that her appeal is from the
RTC order on March 2005, an order issued prior to the decision in the main
case, as well as her motion for reconsideration on May 4, 2005.
CA dismissed the appeal on the ground that grating the appeal would
disturb the RTC decision on May 2005, which had long become final and
executory. CA further noted that Calderon failed to avail of the proper remedy to
question an interlocutory order.
ISSUE: WON the March 7 and May 4 Orders on the matter of support
pendente lite are interlocutory or final.
HELD: The orders are interlocutory.
The Court laid the distinction between interlocutory and final orders:
A final judgment or order is one that finally disposes of a case, leaving nothing
more to be done by the Court. Once rendered, the task of the Court is ended, as
far as deciding the controversy. Nothing more remains to be done by the Court
except to await the parties’ next move, among which consist of filing a motion
for new trial or reconsideration. Ultimately, to cause execution of judgment
once it becomes “final”.
On the other hand, it is interlocutory when the order does not finally
dispose of the case, and does not end the Court’s task of adjudication.
In the present case, the assailed order are in connection to the
incident of support pendente lite. They were issued pending the decision
on the main action for declaration of nullity of marriage, and therefore are
interlocutory. They did not finally dispose of the case nor consists of a
final adjudication of the claim.
The Rules of Court provide fir provisional remedy of support
pendente lite which may be availed of at the commencement of the proper
proceeding, or any time prior to the judgment or final order.
According to the Court, “interlocutory” refers to something intervening
between the commencement and the end of the suit; and is not a final decision
of the whole controversy. It merely resolves incidental matter and leaves
something more to be done to resolve the merits of the case. Clearly, whether an
order or resolution is final or interlocutory is not dependent on compliance or
non-compliance by a party to its directive. It is also important to emphasize the
temporary or provisional nature of the assailed orders.
Provisional remedies are writs and processes available during the
pendency of the action to preserve and protect certain rights and interests
therein pending rendition of a final judgment. They are provisional because they
constitute temporary measures availed of during the pendency of the action,
and they are ancillary because they are mere incidents in and are dependent
upon the result of the main action. The subject orders on the matter of
support pendente lite are but an incident to the main action for
declaration of nullity of marriage.
Lastly, the remedy against an interlocutory order not subject of an
appeal is an appropriate special civil action under Rule 65 provided that the
interlocutory order is rendered without or in excess of jurisdiction or with
grave abuse of discretion. Having chosen the wrong remedy in questioning the
subject interlocutory orders of the RTC, Calderon’s appeal was correctly
dismissed by the CA.