GR 33921; (February, 1931) (Digest)
G.R. No. 33921 . February 26, 1931.
CARMEN KETTE, plaintiff-appellant, vs. ANGEL SUAREZ, administrator of the estate of the deceased Adolfo F. Pando, defendant-appellee.
FACTS
Carmen Kette filed an action for damages against the estate of the late Adolfo F. Pando, alleging that Pando’s failure to grant her a one-year extension to pay a real estate mortgage debt caused her a loss of P50,000. She claimed that had the extension been granted, Maria Padilla would have purchased the mortgaged property or her right of redemption for at least P50,000 and assumed the mortgage obligations. The defendant, as administrator, argued that Kette had no right to the extension (as previously held in a related case, G.R. No. 29184 ), that Padilla lacked the financial means, and that the action, being an appeal from the resolution of the committee on claims of Pando’s estate, was filed out of time under Section 775 of the Code of Civil Procedure. The trial court absolved the defendant.
ISSUE
Whether the trial court correctly dismissed Kette’s complaint for damages.
RULING
Yes, the trial court’s dismissal is affirmed. The Supreme Court held that Kette lost her right to bring the action because she failed to perfect a timely appeal from the resolution of the committee on claims, as required by Section 775 of the Code of Civil Procedure. Consequently, the committee’s resolution became final, and the Court of First Instance did not acquire jurisdiction. Even on the merits, the Court found that: (1) the issue of Kette’s entitlement to a mortgage extension was already res judicata by virtue of the prior judgment in G.R. No. 29184 ; (2) there was no proof that Pando had promised the extension; (3) the evidence showed Maria Padilla’s property was not worth the claimed amount; and (4) the mortgaged property in Pasay was not worth P35,000 as alleged. The appellant was ordered to pay double costs.
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