GR 44312; (October, 1938) (Digest)
G.R. No. 44312 ; October 31, 1938
MARIANO R. LACSON, plaintiff-appellee, vs. GIL M. MONTILLA, Ex-Provincial Sheriff of Occidental Negros, ISIDORO ESPARES, Ex-Deputy Provincial Sheriff of Occidental Negros, and MAGDALENA MECHO, defendants. MAGDALENA MECHO, appellant.
FACTS
Mariano R. Lacson purchased Lot No. 492 at a public auction sale for P1,500. The sale was conducted to satisfy a judgment in favor of Ramon Diez against Homobono Tupas in Civil Case No. 3152. A third-party claimant, Braulio Tupas, successfully sued for annulment of the sale (Civil Case No. 3315), and Lacson was evicted from the lot. Lacson then sought a refund of the P1,500. Ramon Diez died, and his widow, Magdalena Mecho, was appointed administratrix of his estate. Lacson filed a separate action against Mecho (among others) for the refund. Mecho demurred to the complaint, arguing Lacson’s claim should have been filed in the intestate proceedings of Ramon Diez. The trial court overruled the demurrer and ordered Mecho to pay Lacson.
ISSUE
Whether the trial court erred in overruling the demurrer and in holding that Lacson’s action against the widow, Magdalena Mecho, for the refund of the purchase price was proper, despite his failure to file his claim in the intestate proceedings of the deceased execution creditor, Ramon Diez.
RULING
Yes. The Supreme Court reversed the trial court’s judgment. The Court held that Lacson’s claim for a refund, arising from the annulled execution sale, was a money claim against the estate of the deceased execution creditor, Ramon Diez. Pursuant to the Code of Civil Procedure, such a claim must be filed before the committee on claims and appraisal in the intestate proceedings. By failing to do so within the prescribed period, Lacson lost the right to enforce his claim. Consequently, his separate action against the widow, whether in her capacity as heiress or administratrix, was without cause of action. The demurrer should have been sustained. The case was remanded to the trial court for further proceedings.
AI Generated by Armztrong.