Facts of the Case:
In the proceeding for settlement of the intestate estate of deceased Samuel Allen, his widow petitioner for provision of allowance for hreself and her daughter Avelina Allen amounting to P80.00. The Special Administrator appointed objected to the allowance requested on the ground that the estate is insolvent since the total claims presented against it amounts to P2,457.00 while the estate's balance only amounted to P870.97.
The lower court approved the allowance citing Art. 1430 of the New Civil Code and Sec. 684 of the Code of Civil Procedure. The Court of Appeals (CA) affirmed the lower court's decision.
Issue: May a widow validly demand for support or allowance when the liabilities of the deceased's estate exceed its assets?
Ruling: No. Support cannot be granted if proved that there is no more property, private or conjugal, pertaining to the surviving spouses or heirs of the deceased since by virtue of Art. 1430 (NCC), support is only an advance payment on account of the respective share of each partner. In this case, it is indisputable that the deceased Samuel Allen's estate liabilities exceed the assets. Moreover, his widow admitted that she has not contributed to the property of marriage. As such, it is therefore unlawful to grant support when there is no property to be partitioned.
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