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.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.