G.R. No. 18140; September 1, 1922
Maria Babao, applicant-appellee, vs. Antonia G. Villavicencio, administratrix-appellant.

FACTS

In the intestate estate settlement of Ignacio Trillanes, Maria Babao petitioned the court for an additional inventory of properties and for a provisional support allowance for her minor children, who are grandchildren of the deceased (being children of Jose Trillanes, the son of Ignacio). The administratrix opposed, arguing that Section 684 of the Code of Civil Procedure only provides for the support of the “minor children of a deceased,” not grandchildren. The lower court granted the allowance of P15 monthly per minor, charged against the estate. The administratrix appealed.

ISSUE

Whether the right to provisional support under Section 684 of the Code of Civil Procedure extends to the grandchildren of the deceased.

RULING

No. The Supreme Court reversed the lower court’s order granting the allowance. The term “minor children” in Section 684 is to be given its ordinary and common meaning, which refers to direct descendants in the first degree and does not include grandchildren. The reference in the same section to the law in force prior to August 13, 1898, pertains only to the extent or amount of the allowances, not to expanding the class of recipients. To include grandchildren would logically require including other relatives entitled to support under the Civil Code, such as brothers, which was not the legislative intent. Furthermore, the obligation of a grandfather to give support under the Civil Code is extinguished upon his death (Article 150). Therefore, the provisional support under the Code of Civil Procedure is limited to the minor children of the deceased.