Los alimentos

What were contemplated in Section 21 of Rule 3, of the 1964 Revised Rules of Court in relation to Section 5 of Rule 86, to be filed with the Probate Court are contractual money claims while the claims involved in civil liability ex delicto may include even the restitution of personal or real Section 5, Rule 86 provides an

Rule 86 CLAIMS A G A I N S T ESTATE

sive enumeration of what claims may be filed against the estate.

These are: funeral expenses, expenses for the last illness, judgments for money and claim arising from contracts, express or implied. Money claims arising from delict do not form part of this exclusive enu-meration. Hence, there could be no legal basis in: (1) treating a civil action ex delicto as an ordinary contractual money claim referred to in Section 21, Rule 3 of the Rules of Court; and (2) allowing it to survive by filing a claim therefor before the estate of the deceased accused.

The Rule was by the 1997 Rules of Civil Procedure.

SEC. 20. Action on contractual money claims. — When the action is for recovery of money arising from contract, express or implied, and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. A favorable judgment obtained by the plain-tiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. (21a)

a. The title of the rule was changed from "where claim does not to on contractual money claims."

b. The situation in the former rule where the defendant dies before final judgment in the Court of First Instance, has been re-placed with the defendant dying before entry of final judgment in the court in which the action was pending at the time of such death, which may be in the municipal trial court, the regional trial court or the appellate court.

The statement in the former rule that the action shall be to be prosecuted in the manner especially provided in these rules" was replaced with the statement that the action "shall not be dismissed but shall instead be allowed to continue until entry of final judgment."

d. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for

claims against the estate of a deceased person under Rule 86.

3-5 SPECIAL PROCEEDINGS A N D SPECIAL RULES Rule 86 IMPLEMENTING THE FAMILY COURTS ACT OF 1997

v. Asia Pacific Finance Corporation, 147 SCRA Regala v. Court of Appeals, 183 SCRA 595.

SCRA 107.

20, Rule 3, Rules of Court.

16, Rule 3.

2(a), Rule 87.

1, Rule 87.

Under the old rule, if a writ of attachment had been issued and levied on the property of the defendant and the defendant died be-fore the rendition of a judgment by the Regional Trial Court, the action was dismissed, the writ of attachment was dissolved, and a money claim had to be filed. Allowing the plaintiff to attach the defendant's property would give the former an undue advantage over other creditors against the

Under the new rule, if a writ of attachment had been issued and levied, the death of the defendant at whatever stage of the action would not be ground for the dismissal of the action and the dissolution of the writ of attachment. If the judgment is entered against the estate of the deceased defendant, the same shall be enforced as a money claim. However, the writ of attachment ob-tained by the plaintiff which has not been dissolved will entitle him to preference over the other creditors against the estate.

Chief Justice elucidation in v. Court of on the effects of the death of a defendant in a civil suit as dependent upon the nature of the action: whether (a) the action is a personal one or of money, debt or interest or (b) is not for said i.e., it is a real or one for recovery of personal property "or to enforce a lien thereon, and actions to re-cover damages for an injury to person or property, real or

may be deemed to have been modified by the present Rule which allows a contractual money claim to continue until entry of judgment despite defendant's death during the pendency of the

ac-tion whether it be in the Municipal Trial Court or in the Regional Trial Court.

5. Effects of Death of Defendant: Claim which is Ex-tinguished DisEx-tinguished from Action which does not Survive

A claim that is extinguished by death of one of the parties should be distinguished from an action which does not survive. A

Rule 86 CLAIMS AGAINST ESTATE 3-5

claim is extinguished by reason of death if the action is personal to either of the parties such as in cases of legal separation, annulment of marriage or declaration of nullity of marriage. Upon the other hand, a claim may not have been extinguished by reason of death, such as an action to recover a contractual money claim, but the action brought for the enforcement of the claim may not survive.

This was the former rule, which provides that when the action is for money, debt or interest thereon arising from contract express or implied, and the defendant dies before final judgment in the Re-gional Trial Court, then the action shall be It does not mean that the claim is extinguished, but it shall be prosecuted as a money claim against the estate of the deceased pursuant to Section

Rule 87.