G.R. No. L-1849; October 25, 1949
Testate estate of the deceased Raymundo Melliza y Angulo. LAUREANA GABIN, claimant-appellant, vs. MARIA MELLIZA, ET AL., oppositors-appellees.

FACTS

Raymundo Melliza and Laureana Gabin entered into a written agreement wherein Gabin was contracted to administer Melliza’s haciendas for thirty years, with compensation of 350 cavans of palay yearly. The contract stipulated that Gabin could not be dismissed without just cause; if dismissed, she would be indemnified 150 cavans of palay yearly for the remainder of the term. Melliza died, and testamentary proceedings began. The executrix dismissed Gabin from administering the haciendas. Gabin filed a claim in the probate court seeking payment of 150 cavans of palay yearly from the estate until the thirty-year period ended.

ISSUE

Whether Gabin’s claim for future annual palay indemnity is a proper money claim that can be allowed in the testamentary proceedings under Rule 87.

RULING

No. The Supreme Court affirmed the probate court’s denial of the claim. First, the claim arose after the decedent’s death, as the dismissal was by the executrix, not Melliza. Second, the claim is not for a fixed sum of “money, debt, or interest thereon” as required by the rules; it is for an indeterminate amount of palay yearly, the monetary value of which cannot be predetermined due to price fluctuations. The Court did not rule on the validity of the underlying contract, leaving Gabin free to pursue a separate proper action. The order denying the claim was affirmed.

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