SANTERO v CFI-CAVITE

Promulgated: September 14, 1987

Petitioners: Princesita Santero, Federico Santero and Willie Santero
Respondents: Hon. Court of First Instance of Cavite, Anselma Diaz, Victorr, Rodrigo, Anselmina, Miguel, all
surnamed Santero, and Reynaldo Evaristo, in his capacity as Administrator of the intestate estate of Pablo
Santero.
Ponente: Paras, J.
RELEVANT PROVISION
Section 5 (5), Article 8 of the 1987 Philippine Constitution
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
FACTS OF THE CASE
1. Pablo Santero is the only legitimate son of Pascual Santero (died 1970) and Simona Pamuti Vda. De
Santero (died 1976).
2. Pablo Santero had had two common law wives:
a. Felixberta Pacursa, children are petitioners:
i. Princesita Santero-Morales
ii. Federico Santero
iii. Winy Santero
b. Anselma Diaz, respondent had 7 children of Pablo.
i. Victor Santero
ii. Rodrigo Santero
iii. Anselmina Santero
3. November 30, 1973: Pablo Santero died.
4. August 30, 1982: Diaz filed on behalf of her wards a Motion for Allowance. The motion stated support
which included educational expenses, clothing and medical necessities, which was granted and said
minors were given an allowance prayed for in their motion. Citing Article 290 of the Civil Code 1 and Sec. 3,
Rule 83 of the Rules of Court.2
a. Respondent replied by stating that the children are of age and that they are no longer schooling.
5. July 28, 1982: The CFI of Bacoor, Cavite granted the Motion for Allowance at PHP2k/child.
6. March 25, 1985:Diaz filed another Motion for Allowance for her 3 additional children all surnamed Santero.
(Juanita, Estelita and Pedrito) praying for PHP6K/child. Which CFI-Cavite granted citing Art. 188 of the
New Civil Code.
7. Petitioners appeal to this Court.

ISSUES:
1 Support is everything that is indispensable for substance, 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 trade or vocation, even beyond the age of majority.

2 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 provided by law.

W/N the Diaz children from Pablo are legally entitled to allowance even if they are of age, working and/or
married.
HELD/RATIO:
YES. The Petitioners ground is that private respondents are not entitled to any allowance since they have
already attained majority age, two are gainfully employed and one is married as provided for under Sec. 3 Rule
83, of the Rules of Court. However, that is not the controlling rule. The controlling rules are: Arts. 290 and 1883
of the Civil Code. 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. Be it noted however that with
respect to "spouse," the same must be the "legitimate spouse" (not common-law spouses who are the mothers
of the children here).
RULING:
WHEREFORE, in the light of the aforementioned circumstances, the instant Petition is hereby DISMISSED
and the assailed judgment is AFFIRMED.

3 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.