D- 7. INV ENT ORY AND A PPR AISAL . PR OVISI ON F OR SU PPOR T O F FA MILY (1) The spouses;
(2) Legitimate ascendants and descendants;
RULE 83. Inventory and Appraisal. Provision for Support of Family (3) Parents and acknowledged natural children and the legitimate or illegitimate
descendants of the latter;
Section 1. Inventory and appraisal to be returned within three months. - (4) Parents and natural children by legal fiction and the legitimate and illegitimate
Within three (3) months after his appointment descendants of the latter;
every executor or administrator shall return to the court (5) Parents and illegitimate children who are not natural.
a true inventory and appraisal Brothers and sisters owe their legitimate and natural brothers and sisters, although
of all they are only of the half-blood, the necessaries for life,
...real when by a physical or mental defect,
and or any other cause not imputable to the recipients,
...personal estate of the deceased the latter cannot secure their subsistence.
which has come into his possession or knowledge. This assistance includes, in a proper case,
In the appraisement of such estate, expenses necessary for elementary education
the court may order one or more of the inheritance tax appraisers and for professional or vocational training. (143a)
to give his or their assistance.
Art. 292. During the proceedings for legal separation,
Section 2. Certain article not to be inventoried. - or for annulment of marriage,
The wearing apparel of the surviving husband or wife and minor children, the spouses and children, shall be supported from the conjugal partnership
the marriage bed and bedding, property.
and such provisions and other articles After the final judgment of legal separation,
as will necessarily be consumed in the subsistence of the family of the deceased, or of annulment of marriage,
under the direction of the court, the obligation of mutual support between the spouses ceases.
shall not be considered as assets, However, in case of legal separation,
nor administered as such, the court may order that the guilty spouse
and shall not be included in the inventory. shall give support to the innocent one,
the judgment specifying the terms of such order. (n)
Section 3. Allowance to widow and family. -
The widow Art. 293. In an action for legal separation
and minor or incapacitated children or annulment of marriage,
of a deceased person, attorney's fees
during the settlement of the estate, and expenses for litigation
shall receive therefrom, shall be charged to the conjugal partnership property,
under the direction of the court, unless the action fails. (n)
such allowance as are provided by law.
Art. 294. The claim for support,
Title IX. - SUPPORT (NCC) when proper and two or more persons are obliged to give it,
Art. 290. Support is everything shall be made in the following order:
that is indispensable for
...sustenance, (1) From the spouse;
...dwelling, (2) From the descendants of the nearest degree;
...clothing and (3) From the ascendants, also of the nearest degree;
...medical attendance, (4) From the brothers and sisters.
according to the social position of the family. Among descendants and ascendants
the order in which they are called to the intestate succession of the person
Support also includes the who has a right to claim support shall be observed. (144)
education of the person entitled to be supported
until he completes his education or training for some Art. 295. When the obligation to give support
...profession, falls upon two or more persons,
...trade or the payment of the same shall be divided between them
...vocation, in proportion to the resources of each.
even beyond the age of majority. (124a)
However, in case of
Art. 291. The following are obliged to support each other ...urgent need and
Payment shall be made monthly in advance, Art. 304. The foregoing provisions shall be applicable to other cases where,
and when the recipient dies, in virtue of this Code
his heirs shall not be obliged to return what he has received in advance. (148a) or of any other law,
by will,
Art. 299. The person obliged to give support may, or by stipulation
at his option, there is a right to receive support,
fulfill his obligation either save what is stipulated,
...by paying the allowance fixed, or ordered by the testator
...by receiving and maintaining in his house the person who has a right to receive or provided by law for the special case. (153a)
support.
The latter alternative cannot be availed of in case there is a moral or legal obstacle SEBIAL VS. SEBIAL (1975)
thereto. (149a) On R83.1: The 3-month period provided is not mandatory and the court retains
jurisdiction even if the inventory is filed after said period, but such delay, if not
Art. 300. The obligation to furnish support ceases satisfactorily explained, may be a ground for the removal of the administrator under
upon the death of the obligor, R82.2
even if he may be bound to give it in compliance with a final judgment. (150) Short summary: child from decedent's second family filed for settlement of estate
of her dad and prayed that she be made the administratrix 17 years after death of
Art. 301. The right to receive support cannot be renounced; dad. Child from 1st marriage opposed, saying that the estate was already
nor can it be transmitted to a third person. partitioned among heirs and that they had already disposed of the said properties in
Neither can it be compensated with what the recipient owes the obligor. favor of 3P and that the estate's value was small that it can be settled amicably. CFI
ruled in favor of the petitioner 2nd family child making her the administratrix, even
However, support in arrears may be compensated and renounced, ordering that the 3P and the children of the 1st marriage to deliver the property to
and the right to demand the same may be transmitted by onerous or gratuitous the administratrix appointed. Court held that 1st, even if the appointed
title. (151) administratrix filed the inventory more than 3 months from appointment, the court
still had jurisdiction. 2nd, it ruled that the trial court should first determine the value
Art. 302. Neither the right to receive legal support of the estate, receiving evidence for it, and the ownership of the said properties