GR 47193; (January, 1941) (Digest)
G.R. No. 47193 ; January 27, 1941
In the matter of the intestate estate of the deceased Hugo Ocampo Cu Jongco. REMIGIA VALUIS, administratrix-appellant, vs. VIUDA E HIJOS DE CU TOCO, represented by Tan Let, claimant-appellee.
FACTS
On September 10, 1936, Sy Cong Bieng & Co., Inc. petitioned the Court of First Instance of Camarines Sur for the issuance of letters of administration over the intestate estate of the deceased Hugo Ocampo Cu Jongco. The court appointed the deceased’s widow, Remigia Valuis, as administratrix on December 5, 1936, and constituted a committee on claims and appraisal. The committee published notice for creditors to submit their claims. On June 19, 1937, the claimant-appellee, Viuda e Hijos de Cu Toco, filed a claim for P1,718.89. On July 28, 1937, the committee rendered its report, approving the claim but only for P1,416.06, after deducting P302.83 for lumber previously delivered by the deceased. The claimant was notified of this partial disallowance. The claimant then appealed to the Court of First Instance from the partial disallowance of its claim. Pending resolution of this appeal, the claimant moved for execution of the sum (P1,416.83) awarded by the committee. The administratrix opposed the motion. On December 15, 1937, the lower court issued an order holding that the committee’s resolution granting the sum of P1,416.83 had become final and executory, and commanded the administratrix to pay said amount. The administratrix’s motion for reconsideration was denied, prompting this appeal.
ISSUE
Whether an appeal by a creditor from the partial disallowance of his claim by the committee on claims and appraisal, in the absence of any timely appeal by the administratrix, has the effect of staying the execution of the amount awarded by the committee pending final determination of the creditor’s appeal.
RULING
No. The order of the lower court is affirmed. Examining Sections 740, 773, and 775 of the Code of Civil Procedure, any administrator or creditor may appeal from the committee’s report to the Court of First Instance within a specified period: the administrator may appeal from the allowance of any claim, and a creditor may appeal from the disallowance, in whole or in part, of his claim. When such an appeal is taken, the court may order the suspension of payment. In this case, the creditor appealed from the partial disallowance of its claim. However, the administratrix did not interpose any appeal from the committee’s resolution allowing the sum of P1,416.83. By her failure to exercise the right of appeal, the committee’s report as to the items allowed acquired finality and became lawful liens on the estate, subject to execution under Section 443 of the Code of Civil Procedure. The administratrix’s failure to appeal constitutes acquiescence to the awarded item, which is now executory. The effect of execution upon a pending appeal is not involved in this case.