G.R. No. L-47022. April 18, 1941.
Testamentaria del finado Victorio Ferraris. F. C. SOMBITO, demandante-apelado, vs. MAMERTO FERRARIS Y OTROS, demandados-appellantes.

FACTS

The heirs of the deceased Victorio Ferraris, namely Vicente Ferraris, Victorino Ferraris, Alfredo Ferraris, and the wards of guardian Pacifico Delfin, appealed the decision of the Court of First Instance of Negros Occidental. The lower court’s decision had confirmed the resolution of the claims commission in the testate proceeding of the deceased, which approved the claim of the appellee, F.C. Sombito, in the amount of P5,000 for medical services rendered to the deceased. While the case was pending before the Supreme Court, the appellee filed a motion on June 25, 1940, seeking the dismissal of the appeal interposed by the appellants. The ground for dismissal was the appellants’ failure to comply with Article 774 of the Code of Civil Procedure, which requires the posting of a bond to perfect an appeal from a resolution of a claims commission. The appellants opposed the motion, arguing that the appellee had waived his right to raise this issue because he did not seek dismissal on this ground in the lower court and only filed the motion after both parties had already submitted their respective briefs. The appellants admitted they did not post the required bond.

ISSUE

Whether the appeal interposed by the heirs from the resolution of the claims commission should be dismissed for failure to post the appeal bond required by Article 774 of the Code of Civil Procedure.

RULING

Yes, the appeal must be dismissed. Article 774 of the Code of Civil Procedure requires heirs who appeal from a resolution of a claims commission approving a claim against the estate of a deceased person to post a bond, approved by the court, to answer for costs and expenses incurred by the administrator due to the appeal, as well as for the costs to which the appellee may be entitled. Without this bond, the appeal is not perfected. Citing Embudo et al. vs. Lesaca et al., the Court held that since the appellants failed to post the required bond, their appeal was not perfected. Consequently, neither the Court of First Instance nor the Supreme Court acquired jurisdiction to hear the appeals interposed by the appellants. The Court rejected the appellants’ argument that the motion was filed too late and that the appellee had waived the right to raise the issue. The lack of the bond posting affected the court’s jurisdiction, and a question of jurisdiction may be raised by the parties at any stage of the proceedings. Without resolving the merits of the appeal, the Supreme Court ordered its dismissal. The case was ordered remanded to the court of origin for execution of the resolution issued by the claims commission, with no special pronouncement as to the costs of this instance.