San Juan vs. Valenzuela

G.R. No. L-59906 October 23, 1982

BUENAVENTURA SAN JUAN, petitioner,
vs.
HON. MANUEL E. VALENZUELA, Judge of the Court of First Instance of Rizal and DOROTEA MEJIA, respondents.

Facts:

The marriage of respondent Mejia and petitioner was declared null and void on the ground of a prior and subsisting marriage between petitioner and one Isabel Bandin.  Respondent instituted the action seeking support for herself and her two minor children. Petitioner sought reduction of the amount of support pendent lite for the reason it is beyond his means to pay.

Issue: WON the amount fixed previously can be changed.

Held:

Change or reduction of the amount should be resolved by the lower court on the basis of the evidence to be presented at the proper hearing. The order fixing the amount of support pendente lite is not final in character in the sense that it can be the subject of modification, depending on the changing conditions affecting the ability of the obligor to pay the amount fixed for support