SPECIAL PROCEEDINGS

RULE 83INVENTORY AND APPRAISAL

PROVISION FOR THE SUPPORT OF FAMILY

Section 1. Inventory And Appraisal To Be Returned With Three Months. Within three months after his appointment every executor or

administrator shall return to the court a true inventory and appraisal of all the real and personal estate of the deceased which has come into his possession or knowledge. In the appraisement of such estate, the court may order one or more of the inheritance tax appraisers to give his or their assistance.

As expressly provide that after three (3) months after his appointment an executor or administrator must return to the court a true inventory and appraisal of all the real and personal estate of the deceased which come into his possession or knowledge.

Three month period in rule is not mandatory. The delay in filing of inventory if not satisfactorily explained by the administrator may be a ground for removal of appointment.

Section 2. Certain Articles Not To Be Inventoried.The wearing apparel of the surviving husband or wife and minor

children, children, the marriage bed and bedding, and such provisions and other articles as will necessarily be consumed in the subsistence of the family of the deceased, under the direction of the court, shall not be considered assets nor administered as such, and shall not be included in the inventory.

The wearing apparel of the surviving husband or wife and minor children including conjugal bed bedding and such provisions and other articles as will necessarily consumed for the subsistence of the family of the deceased shall not be included in the inventory.

Property claimed by a third person may be included in the inventory as part of the assets of the estate and the probate court may order

such inclusion, but such order is only prima facie determination and does not preclude the claimants from maintaining an ordinary civil action for the determination of title.

Article 3. Allowance To Widow and Family.The widow and minor or incapacitated children of a deceased

person, during the settlement of the estate, shall receive therefrom, under the direction of the court, such allowance as are provided by law.

If the cash in the possession of the administatrix is sufficient for the monthly allowance being paid to the heirs the court may not order the sale of property of the deceased.

During the settlement of the estate of the deceased, the widow and minor or incapacitated children of the deceased, shall receive therefrom under the direction of the court, such allowance as are provided by law

The support should not be limited to the minor or incapacitated children as provided in Article 133 of the Family Code that regardless of their age, civil status or gainful employment are entitled to provisional support from the funds of the estate.

Grandchildren is not included in the provision for the support of the deceased.

Related Case:Heirsof Jose Sy Bang, et al. vs. Rolando Sy, Rosalino Sy, et al.

G.R. 114217, October 13, 2009

Iluminada Tan, et al. vs. Bartolome Sy, et al.G.R. No.150797

Facts: Deceased Sy Bang died intestate leaving behind real and personal

properties including several businesses.

Respondents Rolando Sy, Rosalino Sy, Lucio Sy, Enrique Sy, Rosauro Sy, Bartolome Sy, Julieta Sy, Lourdes Sy and Florecita Sy are the children of Sy Bang by his second marriage to respondent Rosita Sy, while petitioners Jose Sy Bang, Julian Sy and Oscar Sy are the children of Sy Bang to Ba Nga, and petitioners Zenaida Tan and Ma. Emma Sy are the children of petitioner jose Sy Bang and Iluminada Tan.

Respondents filed a Complaint for Partition against Petitioners.

During an out of court conference between petitioner and respondents, it was agreed that the management, supervision or administration of the common properties and the entire estateof the deceased Sy Bang shall be placed temporarily in the hands of Jose Sy Bang. Also as agreed upon that the income from the three cinemas shall be given to the respondents for their support and sustenance, pending the termination of Civil case for Judicial Partition while the income from the vast part of the entire estate will be given to the petitioners.

While the case was still pending Rosita Sy filed a motion for Payment of Widow’s Allowance and the court granted the motion and ordred the petitioners to pay Rosita the amount of P25,000.00 as monthly widows allowance until the estate was finally settled or until the court order.

Respondent filed a Joint Petition for the Guardianship of the Incompetent Rosita Sy before RTC Branch 58, Lucena City. Rosauro Sy file a motion to be named as Guardian. The Guardianship court issued an order directing to deposit before such court an amount representing the widow’s allowance of the incompetent Rosita Sy. Petitioners questioned the order.

Issue:Wheter or not the trial court, acting the Guardianship court ha dthe

authority to enforce payment of widow’ allowance?

Held:No. as stated in Rule 83, Section 3 of the Rules of Court:

“ the widow and minor and incapacitated children of the deceased person, during the settlement of the estate, shall receive therefrom, under the direction of the court, such allowance as are provided by law”

In relation to that provision was Article 188 of the Civil Code states that:

“ 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 court refered in Section 3 of Rule 83 is the court hearing the settlement of the estate. The said court shall effect the payment of allowance considering that the estate are within its jurisdiction to the exclusion of other courts. The guardianship court having a limited jurisdiction cannot actually order the delivery of the property of the ward found to be embezzled, concealed or conveyed.

Prepared by

Wilbert Cuala