Title
Vda. de Golingco vs. Calleja
Case
G.R. No. 46344
Decision Date
Jan 29, 1940
The court upholds the extension of the deadline for creditors to file claims against the estate, approves the sale of properties to satisfy a claim, and declares an appeal filed by the administrator as out of time.
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Case Digest (G.R. No. 46344)

Facts:

  • The case involves the estate of the deceased Vicente Golingco.
  • Juana B. Viuda de Golingco and Marcial Golingco appealed against Ambrosio A. Calleja, Salustiano Zubeldia, Pedro Bulan, Marina Viuda de Bulan, and Juan Bulan.
  • The court granted an extension of time for the Claims Commission to consider and admit claims, within the maximum period of eighteen months.
  • The notification to creditors for the submission of claims against the estate was made on March 25, 1926.
  • The first extension granted by the court on January 21, 1927, was for one month, and the second extension was until May 31, 1927.
  • On May 31, 1927, the Commission admitted Calleja's claim.
  • The claim of Ambrosio Calleja was submitted on May 20, 1926, two months after the notification to creditors.
  • The appellants argued that the court exceeded the allowable time for the extension.
  • It was found that the notification to creditors was made on March 25, 1926, not March 25, 1925, as claimed by the appellants.
  • Calleja's claim was admitted by the Commission on May 31, 1927.
  • The Commissioners submitted their report to the court on July 11, 1927.
  • The administrator appealed this report, specifically regarding Calleja's claim, on August 8, which was 28 days after its submission, exceeding the 25-day period set by law.
  • The court declared that this appeal was filed out of time, and no exception was raised against this declaration.
  • On November 4, 1927, the court ordered the administrator to pay Calleja the claimed amount of P950.
  • Since the order was not complied with, the court appointed Salustiano Zubeldia as a special administrator to sell properties from the estate to satisfy Calleja's claim.
  • Zubeldia sold eleven parcels of land in compliance with this order, and the court approved the sale.
  • The appellants appealed against the court's approval of the sale.

Issue:

  • (Unlock)

Ruling:

  • The court found the argument raised by the appellants to be unfounded.
  • The court confirmed the lower court's deci...(Unlock)

Ratio:

  • The court upheld the decision to extend the deadline for creditors to file claims, as it was within the allowable period.
  • The court affirmed the approval of the sa...continue reading

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