Case Digest (G.R. No. 18140)
Facts:
Maria Babao, Applicant and Appellee, vs. Antonia G. Villavicencio, Administratrix and Appellant, G.R. No. 18140. September 01, 1922, the Supreme Court En Banc, Romualdez, J., writing for the Court.The dispute arose in the settlement of the intestate estate of Ignacio Trillanes. Maria Babao petitioned the court below for an additional inventory of certain properties of the deceased and, importantly, for provisional allowances to support her minor children during the pendency of estate settlement; these minors were grandchildren of the decedent, being the children of Jose Trillanes, Ignacio’s son.
The administratrix of the estate, Antonia G. Villavicencio, opposed the petition on the ground that Section 684 of the Code of Civil Procedure authorizes provisional support only for the surviving spouse and the children of the deceased, not for grandchildren. The trial court (referred to in the decision as the lower court) ruled for the petitioning grandchildren and ordered an allowance of P15 monthly to each child, to be charged against the estate.
The administratrix appealed the lower court’s order to the Supreme Court. The Court was asked to determine whether the provisional-sup...(Pro-only)
Issues:
- Does the provisional-support remedy under Section 684 of the Code of Civil Procedure extend to grandchildren of the deceased (i.e., minor grandchildren) who claim an allowance during settlement of the intes...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)