GR L 8315; (March, 1957) (Digest)
G.R. No. L-8315; March 18, 1957
THE PHILIPPINE BANK OF COMMERCE, plaintiff-appellee, vs. APOLINAR SANTOS, defendant-appellant.
FACTS
On March 2, 1949, Apolinar A. Santos and Clara D. Palanca (with her husband’s consent) jointly and severally secured a loan of P7,000 from the Philippine Bank of Commerce, payable in 90 days, with a stipulation for attorney’s fees. On March 14, 1953, Santos’s wife, Marciana C. Palanca, died, and Santos was appointed administrator of her estate. On May 14, 1954, the bank filed an action to recover the unpaid balance of P2,910.49 from Santos. Santos admitted the indebtedness but contended that since the debt was chargeable to the conjugal partnership and there was a pending special proceeding for the settlement of his deceased wife’s estate, the bank should file its claim in that probate court instead of suing him directly.
ISSUE
Whether the bank can directly sue the surviving spouse, Apolinar Santos, for the payment of a loan contracted by him, even if the debt is chargeable to the conjugal partnership and the estate of his deceased wife is undergoing settlement proceedings.
RULING
Yes. The Court affirmed the judgment ordering Santos to pay the bank. The Court held that the rules requiring claims against a decedent’s estate to be filed in the probate court (Sections 2 and 1 of Rules 75 and 87, respectively) do not apply because Santos personally secured the loan. It did not matter that the loan proceeds were used for the benefit of the conjugal partnership (e.g., house repairs, clinic improvements, family expenses) or that partial payments were made by his wife. As far as the bank is concerned, it may enforce collection directly against Santos, who contracted the obligation, or it may opt to file a claim in the estate proceedings. The Court distinguished the case from Calma vs. Tañedo, as there the debt was of the spouses and chargeable to conjugal property, making filing in the probate court proper. Here, allowing direct action prevents undue difficulty for creditors and avoids the impracticality of splitting collection efforts between a probate claim and a separate lawsuit. Santos, after paying the bank, may claim half of the debt from his wife’s estate.