Gabin vs. Melliza DG
Gabin vs. Melliza DG
Melliza
No. L-1849. October 25, 1949
J. Ozaeta
Facts:
In his lifetime, Melliza contracted the services of Gabin to administer certain haciendas belonging to the former for
a period of thirty years at a compensation of 350 cavans of palay per agricultural year with the stipulation that Gabin cannot
be dismissed from the service without just and legal cause during the time she cared to serve within the said period of thirty
years and in case of dismissal she shall have the right to be indemnified for the rest of the period at the rate of 150 cavans
of palay for each agricultural year.
After Melliza's death in 1995, his executrix took from Gabin the administration of said haciendas. Thereafter, Gabin
filed a claim against the estate for the payment of 150 cavans of palay per agricultural year for twenty-nine years. The heirs
however opposed the claim since: 1) the claim is not a claim for money; 2) the agreement was terminated at the death of
the principal; 3) Melliza cannot, except by a will, dispose of the administration of his property; and 4) there was no
consideration for the granting of such administration for 30yrs with remuneration.
The probate court sustained the first ground of the opposition and denied the claim. Hence, this appeal.
Issue:
Whether or not appellant’s claim is one that is allowed in a testamentary proceedings.
Ruling:
The Rules provides that all persons having money claims against the decedent to file them in the office of the clerk
of said court; likewise, another provision provides that all claims for money against the decedent arising from contract,
express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses of the last
sickness of the decedent, and judgment for money against the decedent, must be filed within the time limited in the notice.
"By money claims, is meant any claim for 'money, debt, or interest thereon,' according to section 21 of Rule 3 and section
1 of Rule 88. Not all money claims may, however, be presented, but only those which are proper against the decedent, that
is, claims upon a liability contracted by the decedent before his death. Accordingly, claims arising after his death cannot thus
be presented, except funeral expenses."
The Court finds no valid reason to reverse the order appealed from on the following grounds: