Text of the provision
Art. 133. 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.
(188a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Liquidation takes time, and the family still has to live. This article lets the surviving spouse and the children draw support from the common mass of property throughout the liquidation — right up until their shares are actually delivered to them.
There is a built-in reckoning, however. If the support a person received exceeds the fruits or rents that their eventual share would have produced, the excess is deducted from what they finally get. Support keeps the family afloat during the process without letting anyone quietly draw down another's capital.
Questions about this provision
Related provisions
- Article 129 — the liquidation procedure this support accompanies.
- Article 103 — liquidation of the absolute community on death.
Cases citing this article
- Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy vs. Rolando Sy, et al, G.R. No. 114217, October 13, 2009 — read the decision on LawPhil →
- Hilario M. Ruiz, et al. vs. Court of Appeals, et al, G.R. No. 118671, January 29, 1996 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.