G.R. No. 32582, October 21, 1930
In the Matter of the Estate of the deceased Juan Furbeyre. CANUTO VILLAMIL, creditor-appellant, vs. RAMON CUADRA, administrator-appellee.

FACTS

Ramon Cuadra was appointed administrator of the estate of Juan Furbeyre. A committee on claims approved Canuto Villamil’s claim for P7,000. The administrator appealed the committee’s allowance of the claim to the court. However, Villamil never filed a formal complaint in court to prosecute his claim after the appeal. Over several years, the administrator moved to close the estate, initially without mentioning Villamil’s claim. Villamil eventually appeared in 1929, asserting his claim and opposing the closure. The trial court held that Villamil had abandoned his claim by laches due to his failure to prosecute it for about five to six years after the appeal. Villamil argued that it was the administrator’s duty to pay the filing fee for the court action after appealing.

ISSUE

Whether the creditor-appellant, Canuto Villamil, by failing to file a complaint and prosecute his claim in court within a reasonable time after the administrator appealed the committee’s allowance, is deemed to have abandoned his claim.

RULING

Yes. The Supreme Court affirmed the trial court’s decision, holding that Villamil abandoned his claim by laches. Under Section 776 of the Code of Civil Procedure, when an appeal is taken from the committee on claims’ report, the creditor must file a complaint and prosecute the claim as an ordinary action. The duty to initiate the court action and pay the corresponding filing fee lies with the creditor, not the administrator. Villamil’s failure to file a complaint for approximately five to six years after the appeal constituted an unreasonable delay, resulting in the abandonment of his claim. The Court emphasized the policy of expediting estate administration and rejected Villamil’s argument that the administrator should have paid the filing fee.