G.R. NO. 125041 -

Ruling

WHEREFORE, in the light of the foregoing considerations, respondents are hereby directed to provide a monthly support ( pendente lite ) of P5,000.00 each or a total of P10,000.00 for the education of Rebecca Angela and Regina Isabel Delgado to be delivered within the first five days of each month without need of demand. [24] Unsatisfied with the Order of the trial court, petitioner brought the case to the Court of Appeals via Petition for Certiorari . The Court of Appeals affirmed the holding of the trial court and disposed the petition in the following manner: WHEREFORE, the petition for certiorari is hereby DISMISSED and the Order of the lower court dated September 12, 1995 is hereby AFFIRMED. [25] Petitioner's Motion for Reconsideration was denied through the Resolution of the Court of Appeals dated 16 May 1996. [26] Petitioner is now before this Court claiming that the Decision of the Court of Appeals was tainted with the following errors: RESPONDENT COURT OF APPEALS ERRED IN CONCLUDING THAT RESPONDENT JUDGE DID NOT COMMIT GRAVE ABUSE OF DISCRETION IN FIXING THE AMOUNT OF MONTHLY SUPPORT PENDENTE LITE GRANTED TO PETITIONER'S CHILDREN AT A MEASLEY P5,000.00 PER CHILD. I. RESPONDENT COURT IGNORED EVIDENCE ON RECORD OF THE FINANCIAL INCAPACITY OF RICA AND RINA'S PARENTS IN DEFAULT OF WHOM THE OBLIGATION TO GIVE SUPPORT DEVOLVES ON THE GRANDFATHER. II. IT BEING ESTABLISHED THAT THE PERSON OBLIGED TO GIVE SUPPORT GRANDFATHER DON PACO IS UNDOUBTEDLY CAPABLE OF GIVING THE AMOUNT DEMANDED, RESPONDENT COURT ERRED IN NOT HOLDING THAT RESPONDENT JUDGE ACTED WITH GRAVE ABUSE OF DISCRETION IN FIXING AN AMOUNT OF SUPPORT PENDENTE LITE THAT IS OBVIOUSLY INADEQUATE TO SUPPORT THE EDUCATIONAL REQUIREMENTS OF THE RECIPIENTS. [27] At the time of the filing of the present Petition, it is alleged that Rica had already entered Rutgers University in New Jersey with a budget of US$12,500.00 for academic year 1994-1995. She was able to obtain a tuition fee grant of US$1,190.00 and a Federal Stafford loan from the US government in the amount of US$2,615.00. [28] In order to defray the remaining balance of Rica's education for said school year, petitioner claims that she had to secure a loan under the Federal Direct Student Loan Program. Meanwhile, Rina entered CW Post, Long Island University, where she was expected to spend US$20,000.00 for the school year 1994-1995. She was given a financial grant of US$6,000.00, federal work study assistance of US$2,000.00, and a Federal Stafford loan of US$2,625.00. [29] Again, petitioner obtained a loan to cover the remainder of Rina's school budget for the year. Petitioner concedes that under the law, the obligation to furnish support to Rica and Rina should be first imposed upon their parents. She contends, however, that the records of this case demonstrate her as well as respondent Federico's inability to give the support needed for Rica and Rina's college education. Consequently, the obligation to provide support devolves