SANTERO VS. CAVITE rules of court vs. civil code • Pablo Santero was had 2 sets of children from 2 different

wives. He died. • The respondents were the Santero Children, the children

by the 2nd wife, although she was not married to the father.

• A motion for allowance was filed by the Santero children, through their guardian/mother Diaz. The filed the motion for support, education, clothing, and medical allowance. This was granted by the court.

• This was opposed by the other set of Santero Children (petitioners), the children by the 1st wife, who was also not married to the father.

§ They claim that the wards are no longer schooling and have already attained the age of majority.

• Diaz countered that the reason why the children were not enrolled was due to lack of funds. She cited Art 290/188 of the Civil Code (on support), as well as Rule 83 of the Rules of Court (allowance to the widow and family in estate proceedings).

• The allowance was granted by the court. • Another motion for allowance was filed by Diaz for 3

additional children. These 3 additional children were already of age, but Diaz claims that all of her children have the right to receive allowance, as advance of the shares in their inheritance.

• Again, this was opposed by the other Santero Children (petitioners), claiming that the children are employed and married, and that there is insufficient funds. They claim that under the Rules of Court, they are no longer entitled to allowance.

SC: The controlling provision should be Art 290/188 of the Civil Code (support) and not Rule 83 of the Rules of Court (allowance to widow and family). The fact that respondents are of age, and are gainfully employed, or married is of no moment and should not be regarded as the determining factor of their right to allowance under Art 290/188. While the Rules of Court limits allowances to the widow and only the minor children, the New Civil Code gives the surviving spouse and his/her children without distinction. Hence, even the children who are no longer minors are entitled to allowances as advances from their shares in the inheritance from their father. Since the provision of the Civil Code, a substantive law, gives the surviving spouse and the children the right to receive support during the liquidation of the estate of the deceased, such right cannot be impaired by Rule 83 of the Rules of Court which is a procedural rule.