G.R. No. 5850, September 5, 1911
MARIANO RIOSA, claimant-appellant, vs. THE ESTATE OF TOMAS VALENCIANO, deceased-appellee.

FACTS

Tomas Valenciano died with a will, leaving an estate. A committee on appraisal was appointed, which published notices for creditors to present their claims within six months. Mariano Riosa filed a claim for P2,034.73 against the estate on May 14, 1907, within the six-month period. However, due to multiple postponements requested by both Riosa’s counsel and the estate administrator, the committee adjourned without deciding on Riosa’s claim and submitted its report to the court. The trial court, in its order of January 22, 1908, declared Riosa’s claim as having “elapsed” due to failure to present it in due time, despite its actual filing within the period. Riosa moved for reconsideration, invoking Section 748 of the Code of Civil Procedure, which allows claims to be presented within two years under certain circumstances. The court denied his motion, ruling that the claim was not filed within the six months prescribed by Section 690. Riosa appealed.

ISSUE

Whether Mariano Riosa’s claim against the estate of Tomas Valenciano was presented within the time prescribed by law, thereby precluding its dismissal as “elapsed.”

RULING

Yes. The Supreme Court reversed the trial court’s orders. The Court held that Riosa’s claim was filed within the six-month period set by the committee on appraisal, as evidenced by its receipt on May 14, 1907. The claim did not “elapse” merely because the committee failed to adjudicate it due to postponements. The Court emphasized that an estate cannot be settled and distributed until all legitimate claims presented within the legal period are paid or resolved. Since Riosa’s claim was timely filed and was even partially acknowledged in Valenciano’s will, it should be properly examined. The case was remanded to the trial court with instructions to refer the claim to a committee on appraisal for examination and decision in accordance with Section 693 of the Code of Civil Procedure.