Wednesday, September 3, 2014

CLAIMS AGAINST THE ESTATE:

     liabilities of the deceased arising from quasi-contracts should be filed as claims in the settlement of his estate, as provided in Section 5, Rule 86 of the Rules of Court. x x x x We read with approval the CA’s use of the statutory construction principle of lex specialis derogat generali, leading to the conclusion that the specific provisions of Section 5, Rule 86 of the Rules of Court should prevail over the general provisions of Section 11, Rule 6 of the Rules of Court; the settlement of the estate of deceased persons (where claims against the deceased should be filed) is primarily governed by the rules on special proceedings, while the rules provided for ordinary claims, including Section 11, Rule 6 of the Rules of Court, merely apply suppletorily. (Metropolitan Bank & Trust Company vs. Absolute Management Corporation, G.R. No. 170498, January 9, 2013, Brion, J.)

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