GR 44837; (November, 1938) (Digest)
G.R. No. 44837 ; November 23, 1938
SOCORRO LEDESMA and ANA QUITCO LEDESMA, plaintiffs-appellees, vs. CONCHITA MCLACHLIN, ET AL., defendants-appellants.
FACTS
Socorro Ledesma cohabited with Lorenzo M. Quitco from 1916 to 1921, resulting in the birth of Ana Quitco Ledesma. Lorenzo acknowledged Ana as his natural daughter. On January 21, 1922, Lorenzo executed a promissory note in favor of Socorro for P2,000, with the last installment of P1,500 due on January 21, 1924. Lorenzo later married Conchita McLachlin, with whom he had four children (the other defendants). Lorenzo died on March 9, 1930, leaving no property. His father, Eusebio Quitco, died on December 15, 1932, leaving an estate. Socorro filed a claim for the unpaid P1,500 balance with the committee on claims in Eusebio’s intestate proceedings on August 26, 1933. The committee denied the claim. Socorro and Ana filed a complaint on June 26, 1934, seeking, among others, payment of the debt from Lorenzo’s children, who inherited from Eusebio by right of representation.
ISSUE
1. Whether the action to recover the P1,500 debt had prescribed.
2. Whether the properties inherited by Lorenzo’s children from their grandfather (Eusebio) are liable for the debts of their father (Lorenzo).
RULING
1. Yes, the action had prescribed. The last installment became due on January 21, 1924. The complaint was filed on June 26, 1934, more than ten years later, beyond the prescriptive period under the Code of Civil Procedure. The filing of the claim in Eusebio’s estate proceedings did not suspend the prescriptive period because the claim should have been filed in Lorenzo’s estate (had one been instituted), not his father’s.
2. No, the inherited properties are not liable. The defendants inherited from their grandfather Eusebio by right of representation of their predeceased father Lorenzo. Heirs are liable for the debts of their predecessor only to the extent of the property they receive from that predecessor. Since Lorenzo died without property, his children inherited nothing from him and are not personally liable for his debts. The properties they received from Eusebio are not subject to Lorenzo’s obligations.
The appealed judgment was reversed. Defendants were absolved from the complaint.
AI Generated by Armztrong.