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Babao v.

Summary Cases:
Maria Babao vs. Antonia Villavicencio
Babao v. Villavicencio
Subject: Property relations; plain meaning rule or verba legis
In the proceeding for the settlement of the intestate estate of Ignacio Trillanes, Maria Babao, the herein
appellee, petitioned the court for an additional inventory properties of the deceased and an alloance be made
to her minor children for their support, pending the distribution of the estate. These minors are children of !ose
Trillanes, son of the deceased.
The administratri" of the estate claims that said minors are not entitled to the support applied for,
because #ection $%& of the 'ode of 'ivil Procedure provides only for the support of the children of the
deceased and not of his grandchildren. The loer court, hoever, held otherise and alloed P() monthly
pension to each of the minors.
(. A *child* is *a male or female descendant in the first degree.* The ordinary acceptation, therefore, of the
ord *hi+o* or child does not include *nieto* or *grandchild.* The ording of the la does not have the
effect of e"tending the right to this provisional support to persons other than the children of the
,. This court sees no reason for giving any other interpretation to the ord *children* used by the
-egislature in #ection $%& of the 'ode of 'ivil Procedure, that the common and ordinary acceptation of
said ord, hich is the one that must prevail in this case.
.. The duty of courts in construing statutes is to give effect to the intent of the la/ma0ing poer, and
see0 for the intent in every legitimate ay. If the ords are free from ambiguity and doubt, and e"press
plainly, clearly, and distinctly the sense of the framers of the instrument, there is no occasion to resort
to other means of interpretation.
&. The court emphasi1es the principle that it is to derive their 0noledge of the legislative intention from
the ords or language of the statute itself hich the legislature has used to e"press it, if a 0noledge of
it can be so derived.
). In applying in this proceeding for the aforesaid provisional alloances, the appellee does not, and
cannot, invo0e but section $%& of the 'ode of 'ivil Procedure in support of her petition, hose
provisions on this point do not, in the opinion of the court, e"tend to the grandchildren of the deceased.