Rule 86. Claims Against Estate Sections 1-2 What Is A Claim?

RULE 86.
CLAIMS AGAINST ESTATE

SECTIONS 1-2
What is a claim?
It is any debt or pecuniary demand against the decedent’s estate
Sec. 1. Notice to creditors to be issued by court.
 Immediately after granting letters testamentary or of administration, the court shall issue
a notice requiring all persons having money claims against the decedent to file them in
the office of the clerk of said court.
EXPLANATION
Upon the death of a person, all his property is burdened with his debts, his death creating an equitable
lien thereon for the benefit of the creditors. And such lien continues until the debts are extinguished
either by the payment, prescription, or satisfaction in one of the modes recognized by law.
Administration proceedings are therefore instituted to settle the estate of the deceased.
Sec. 2. Time within which claims shall be filed.
 GENERAL RULE: Statute of Non-claims.

Within in the time fixed in the notice which shall not more than 12 MONTHS nor less
than 6 MONTHS after the date of the FIRST PUBLICATION. Otherwise, they are
BARRED FOREVER. Even if the testator acknowledged the debt in his will and
instructed the executor to pay the debt, the statute of non-claims must still be complied
with; otherwise the claim may also be barred.
 EXCEPTION: Belated Claims.

Belated Claims are claims not filed within the original period fixed by the court. On
application of a creditor who has failed to file his claim within the time previously limited,
at ANY TIME BEFORE an order of distribution is entered, the court MAY, for cause
shown and on such terms as are equitable, allow such claim to be filed within a time
NOT EXCEEDING 1 MONTH from the order allowing belated claims.
EXPLANATION
The filing of claims contemplated therein should be during a period of 6 months starting from the 6TH
MONTH after the date of the FIRST PUBLICATION of the notice up to the 12TH MONTH. Within the
range of said period, the probate court is permitted to set the period for filing of claims and the period
once fixed by the court is mandatory.
The court for good cause shown may grant a 1 month period for a creditor to file a claim which he failed
to file during the original period granted for filing of claims. Such motion for leave to file a claim beyond
original period may be file at any time during the administration proceedings provided no order of
distribution has yet been entered.
The purpose of law, in fixing a period within which claims against the estate must be presented, is to
ensure a speedy settlement of the affairs of the deceased person and the early delivery of the property
to the person entitled to the same.
Statute of Non-claims supersedes the Statute of Limitations insofar as the debts of deceased persons
are concerned. However, BOTH statute of Non-Claims and Statute of Limitations MUST CONCUR in
order for a creditor to collect.
SANTOS VS MANARANG
27 SCRA 209,213 March 19, 1914
J. TRENT
FACTS: Don Lucas de Ocampo died on November 18, 1906, possessed of certain real and
personal property which, by his last will and testament dated July 26, 1906, he left to his three
children. The fourth clause of this will reads as follows:
“I also declare that I have contracted the debts detailed below, and it is my desire that
they may be religiously paid by my wife and executors in the form and at the time agreed upon
with my creditors.”
Among the debts mentioned in the list referred to are two in favor of the plaintiff, Isidro Santos;
one due on April 14, 1907, for P5,000, and various other described as falling due at different
dates (the dates are not given) amounting to the sum of P2,454. The will was duly probated
and a committee was regularly appointed to hear and determine such claims against the estate
as might be presented. The committee submitted its report to the court on June 27, 1908. On
On July 14, 1909, the plaintiff, Isidro Santos, presented a petition to the court asking that the
committee be required to reconvene and pass upon his claims against the estate which were
recognized in the will of testator. The petition was denied by the court, and on November 21,
1910, the plaintiff instituted the present proceedings against Leandra Manarang, the
administratrix of the estate, to recover the sums mentioned in the will as due him. Relief was
denied in the court below, and now appeals to this court.
ISSUE: Whether or not the court err in refusing to reconvene the committee for the purpose of
considering plaintiff's claim.
RULING: No. The committee did give the notice required by law. In the present case, the time
previously limited was six months from July 23, 1907. This allowed the plaintiff until January
23, 1908, to present his claims to the committee. An extension of this time rested in the
discretion of the court. In other words, the court could extend this time and recall the
committee for a consideration of the plaintiff's claims against the estate of justice required it, at
any time within the six months after January 23, 1908, or until July 23, 1908. Plaintiff's petition
was not presented until July 14, 1909. The bar of the statute of non-claims is an conclusive
under these circumstances as the bar of the ordinary statute of limitations would be. It is
generally held that claims are not barred as to property not included in the inventory.
Hence, the court did not err in refusing to reconvene the committee for the purpose of
considering plaintiff's claim.

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RULE 86.

CLAIMS AGAINST ESTATE

It is any debt or pecuniary demand against the decedent’s estate

Sec. 1. Notice to creditors to be issued by court.

Sec. 2. Time within which claims shall be filed.

 GENERAL RULE: Statute of Non-claims.

 EXCEPTION: Belated Claims.

27 SCRA 209,213 March 19, 1914

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