G.R. No. 157912, December 13, 2007 ALAN JOSEPH A. SHEKER, PETITIONER, S. EST ES TATE O! ALI LI"E "E O. SH SHEK EKER ER,, I I"T "TOR ORIA IA S. #E #EDI DINA NA$$ AD#INISTRATRI%, RESPONDENT A&STRIA$#ARTINE', J.
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Victoria S. Medina is the duly appointed administratrix of the estate Victoria of Alice O. Sheker, which is pending adjudication before the !" of #ligan "ity. Alan $oseph Sheker filed a money claim against against the estate, a cont co ntiine nen nt cl claaim fo forr age gen nt% t%ss com omm mis issi sion on due hi him m am amou oun nti ting ng to approximately &'(),'*(.(( in the e+ent of the sale of certain parcels of land la nd be belo long ngin ing g to th thee es esta tate te,, an and d th thee am amou ount nt of &' &'* *,( ,((( ((.( .((, (, as reimbursement for expenses incurred and-or to be incurred by petitioner in the cou course rse of neg negoti otiati ating ng the sal salee of sai said d rea realti lties. es. Vic ictor toria ia mo+ mo+ed ed to dismis dis misss the mon money ey cla claim, im, on the fol follow lowing ing gro ground unds s /0 the re1 re1uis uisite ite docket fee, as prescribed in Section 2a0, ule /3/ of the ules of "ourt, had not been paid4 2'0 petitioner failed to attach a certification against non5 no n5fo foru rum m sh shop oppi ping ng44 an and d 26 2600 pe peti titi tion oner er fa fail iled ed to at atta tach ch a wr writ itte ten n explanation why the money claim was not filed and ser+ed personally. I**e+
Must a contingent claim filed in in the probate probate proceeding contain a certification against non5forum shopping, failing which such claim should be dismissed7 . T-e R/+ !he petition is imbued with merit. 8owe+er, it must be emphasi9ed that petitioner%s contention that rule ru less in or ordi dina nary ry ac acti tion onss are on only ly su supp pple leme ment ntar ary y to ru rule less in sp spec ecia iall proceedings is not entirely entirely correct. Section ', ule ', &art ## of the same ules of "ourt pro+ides Sec. '. Applicability '. Applicability of rules of Civil Actions . : I )-e (b*ece o *ec/( ro4/*/o*, the rules pro+ided for in ordinary actions shall be, as far as practicable, applicable in special proceedings. Stated differently, special pro+isions under &art ## of the ules of "our "o urtt go go+e +ern rn sp spec ecia iall pr proc ocee eedi ding ngs4 s4 bu butt in th thee ab abse senc ncee of sp spec ecia iall pro+isions, the rules pro+ided pro+ided for in &art # of the ules go+erning go+erning ordinary
ci+il actions shall be applicable to special proceedings, as far as practicable. !he word ;practicable< is defined as possible to practice or perform; capable of being put into practice, done or accomplished /. !his means that in the absence of special pro+isions, rules in ordinary actions may be applied in special proceedings as much as possible and where doing so would not pose an obstacle to said proceedings. =owhere in the ules of "ourt does it categorically say that rules in ordinary actions are inapplicable or merely suppletory to special proceedings. &ro+isions of the ules of "ourt re1uiring a certification of non5forum shopping or com(/)* ( //)/()or6 e(/* , a written explanation for non5 personal ser+ice and filing, and the payment of filing fees for money claims against an estate would not in any way obstruct probate proceedings, thus, they are applicable to special proceedings such as the settlement of the estate of a deceased person as in the present case. !hus, the principal 1uestion in the present case is did the !" err in dismissing petitioner%s contingent money claim against respondent estate for failure of petitioner to attach to his motion a certification against non5forum shopping7 !he "ourt rules in the affirmati+e. !he certification of non5forum shopping is re/re o6 or com(/)* ( o)-er //)/()or6 e(/* . !he !" erred in ruling that a contingent money claim against the estate of a decedent is an initiatory pleading. #n the present case, )-e 8-oe rob()e rocee/ 8(* //)/()e o )-e // o )-e e)/)/o or (o8(ce o )-e ecee)* 8/. >nder Sections / and *, ule ?) of the ules of "ourt, after granting letters of testamentary or of administration, all persons ha+ing money claims against the decedent are mandated to file or notify the court and the estate administrator of their respecti+e money claims4 otherwise, they would be barred, subject to certain exceptions. ' Such being the case, a money claim against an estate is more akin to a motion for creditors% claims to be recogni9ed and taken into consideration in the proper disposition of the properties of the estate. A money claim is only an incidental matter in the main action for the settlement of the decedent%s estate4 more so if the claim is contingent since the claimant cannot e+en institute a separate action for a mere contingent claim. 8ence, -ere/ e)/)/oer* co)/e) moe6 c(/m, o) be/ ( //)/()or6 e(/, oe* o) re/re ( cer)//c()/o ((/*) o$orm *-o/ . :HERE!ORE, the petition is GRANTED. !he Orders of the egional !rial "ourt of #ligan "ity, @ranch ) dated $anuary /*, '((6 and April , '((6, respecti+ely, are REERSED and SET ASIDE. !he egional !rial "ourt of #ligan "ity, @ranch ), is hereby DIRE"TED to
gi+e due course and take appropriate action on petitioner%s money claim in accordance with ule ?' of the ules of "ourt. =o pronouncement as to costs.
