GR L 2329; (June, 1950) (Digest)
G.R. No. L-2329; June 30, 1950
FAUSTA GALLINERO, petitioner, vs. LUIS P. TORRES, P. M. ENDENCIA, ALFONSO FELIX, Judges of the Court of Appeals, and REMEDIOS S. DE VILLANUEVA, respondents.
FACTS
Raymundo Melliza Angulo died on December 11, 1945. In the settlement of his estate, the court required creditors to file their claims within six months from April 6, 1946. The deadline expired on October 6, 1946. On March 4, 1947, Fausta Gallinero filed a motion to allow her to file a P5,000 claim, alleging that she failed to meet the deadline because the heirs of the deceased promised to pay her even without filing a claim, a promise they did not fulfill. The Court of First Instance denied her motion without receiving evidence on the conflicting allegations regarding the promise. The Court of Appeals affirmed the denial.
ISSUE
Whether the trial court erred in denying Gallinero’s motion to file a claim after the deadline without conducting a hearing to receive evidence on her allegation of a fraudulent promise by the heirs.
RULING
Yes. The trial court and the Court of Appeals erred. The trial court should have received evidence on the factual issue of whether the heirs fraudulently induced Gallinero not to file her claim by promising payment. If proven, such fraudulent inducement constitutes a justifiable cause (justa causa) for allowing the late filing of a claim under Section 2, Rule 87 of the Rules of Court. The cited precedents are inapplicable as they involved mere negotiations, not a specific promise of payment. The order of March 17, 1947, is revoked. The case is remanded to the trial court with instructions to receive evidence on both the motion for extension and the merits of the claim itself.
AI Generated by Armztrong.