PERIOD / PROVISIONAL INCLUSION IN
INVENTORY
G.R. No. L-61700 September 14, 1987
PRINCESITA SANTERO, FEDERICO SANTERO and
WILLIE SANTERO, petitioners,
vs.
HON. COURT OF FIRST INSTANCE OF CAVITE,
ANSELMA DIAZ, VICTOR, RODRIGO, ANSELMINA,
MIGUEL, all surnamed SANTERO, and REYNALDO
EVARISTO, in his capacity as Administrator of the
Intestate Estate of PABLO SANTERO, respondents.
DOCTRINE
 The provision of the Civil Code, a substantive law, gives
the surviving spouse and to the children the right to
receive support during the liquidation of the estate of the
deceased, such right cannot be impaired by Rule 83 Sec.
3 of the Rules of Court which is a procedural rule.
FACTS
 Petitioners Princesita Santero-Morales, Federico
Santero and Winy Santero are the children begotten
by the late Pablo Santero with Felixberta Pacursa
 Private respondents Victor, Rodrigo, Anselmina
and Miguel all surnamed Santero are four of the
seven children begotten by the same Pablo Santero
with Anselma Diaz.
 Both sets of children are the natural children of the
late Pablo Santero since neither of their mothers,
was married to their father Pablo.
 Pablo Santero in turn, who died on November 30,
1973 was the only legitimate son of Pascual Santero
who died in 1970 and Simona Pamuti Vda. de
Santero who died in 1976.
 Respondents filed a motion for allowance the
ground that was cited for which was that of support
which included educational expenses, clothing and
medical necessities.
 Petitioners opposed and contended that the wards
for whom allowance is sought are no longer
schooling and have attained majority age so that
they are no longer under guardianship. They
likewise allege that the administrator does not have
sufficient funds to cover the said allowance because
whatever funds are in the hands of the
administrator, they constitute funds held in trust
for the benefit of whoever will be adjudged as
owners of the Kawit property from which said
administrator derives the only income of the
intestate estate of Pablo.
 While the aforesaid case was pending respondents
filed another motion for allowance to include
Juanita, Estelita and Pedrito all surnamed Santero
as children of the late Pablo Santero with Anselma
Diaz praying that an order be granted directing the
administrator Reynaldo C. Evaristo, to deliver the
sum of P6,000.00 to each of the seven (7) children
of Anselma Diaz as their allowance from the estate
of Pablo Santero.
Respondent’s Contention
in her previous motions, only the last four minor children
as represented by the mother, Anselma Diaz were included
in the motion for support and her first three (3) children
who were then of age should have been included since all
her children have the right to receive allowance as advance
payment of their shares in the inheritance of Pablo Santero
under Article 188 of NCC
ISSUE:
WHETHER THE PRIVATE RESPONDENTS ARE
ENTITLED TO THE ALLOWANCE EVEN IF
THEY’VE ALREADY ATTAINED AGE OF
MAJORITY
HELD – YES
RATIO
 The controlling provision of law in this case is not
Rule 83, Sec. 3 of the New Rules of Court but Arts.
290 and 188 of the Civil Code reading as follows
Art. 290. Support is everything that is
indispensable for sustenance, dwelling, clothing
and medical attendance, according to the social
position of the family.
Support also includes the education of the person
entitled to be supported until he completes his
education or training for some profession, trade or
vocation, even beyond the age of majority.
Art. 188. From the common mass of property
support shall be given to the surviving spouse and
to the children during the liquidation of the
inventoried property and until what belongs to
them is delivered; but from this shall be deducted
that amount received for support which exceeds the
fruits or rents pertaining to them.
 The fact that private respondents are of age,
gainfully employed, or married is of no moment
and should not be regarded as the determining
factor of their right to allowance under Art. 188.
 While the Rules of Court limit allowances to the
widow and minor or incapacitated children of the
deceased, the New Civil Code gives the surviving
spouse and his/her children without distinction.
 Hence, the private respondents Victor, Rodrigo,
Anselmina and Miguel all surnamed Santero are
entitled to allowances as advances from their shares
in the inheritance from their father Pablo Santero.
 Since the provision of the Civil Code, a
substantive law, gives the surviving spouse
and to the children the right to receive
support during the liquidation of the estate
of the deceased, such right cannot be
impaired by Rule 83 Sec. 3 of the Rules of
Court which is a procedural rule.