G.R. No. L-3325; May 21, 1951
Testate estate of the deceased Lorenzo Zayco. FELIX BARRACA, claimant-appellant, vs. SOCORRO ZAYCO, administratrix-appellee.

FACTS

On December 2, 1935, Felix Barraca filed a claim for P5,410.75 with interest in the testate estate proceedings of Lorenzo Zayco. The claim was initially denied but, on appeal, the Court of Appeals reversed the lower court and ordered the administratrix, Socorro Zayco, to pay the claim within ninety days. The claim remained unpaid due to the war and liberation. On February 16, 1949, the claimant filed a motion to compel payment. The administratrix objected, arguing that the estate had not yet received proceeds from a war damage claim filed with the Philippine War Damage Commission and that, under the Moratorium Act ( Act No. 342 ), the estate could not be required to pay until the expiration of the period set in said act. The court sustained the objection and denied the motion, ruling the claim was not yet due under the moratorium law.

ISSUE

Whether the moratorium law applies to a claim for a sum of money filed against an estate, considering the rules of court designed to expedite the settlement of estates.

RULING

Yes. The Court affirmed the lower court’s order. While the rules of court aim to expedite estate settlements, delays are sometimes inevitable due to incidents like the moratorium law. The moratorium injunction is a privilege that can be waived by the debtor, but here the administratrix opposed payment, indicating the heirs did not wish to pay and were not interested in prompt settlement. Since the deceased was a war sufferer who filed a war damage claim, the claim fell within the purview of the moratorium law. Therefore, its payment was suspended until the period set in the moratorium law expired. The order was affirmed without costs.