RULE 86 – CLAIMS AGAINST ESTATE previously limited, the court may, for cause
shown and on such terms as are equitable, allow
Section 1. Notice to creditors to be issued
by court. — Immediately after granting letters
testamentary or of administration, the court shall
issue a notice requiring all persons having money
claims against the decedent to file them in the
office of the clerk of said court.
Annotations and Cases
(1) The filing of a money claim against the
decedent’s estate in the probate court is
mandatory. (Union Banks of the Phils vs
Santibanez, 452 SCRA 228)
(2) Money claims mean debts or demands of a
pecuniary nature which could have been
enforced against the deceased in his lifetime
and could have been reduced to simple
money judgments. (Gutierrez vs Barreto-
Datu, 5 SCRA 751)
(3) Money claims are only those claims which
are proper against the decedent, that is,
claims upon a liability contracted by the
decedent before his death. Accordingly,
claims arising after his death cannot be
presented, except funeral expenses (Gabin
vs Melliza 84 Phil 794)
(4) It is the executor or regular administrator
who is supposed to oppose the claims
against the estate and to pay such claims
when duly allowed. (Balanay Jr vs Martinez,
64 SCRA 452)
(5) The purpose of presentation of claims
against decedents of the estate in the
probate court is to protect the estate of
deceased persons. That way, the executor
or administrator will be able to examine each
claim and determine whether it is a proper
one which should be allowed. Further, the
primary object of the provisions requiring
presentation is to apprise the
administrator and the probate court of
the existence of the claim so that a power
and timely arrangement may be made for its
payment in full or by pro-rata portion in the
due course of the administration, inasmuch
as upon the death of a person, his entire
estate is burdened with the payment of all
his debts and no creditor shall enjoy any
preference or priority. All of them shall
share pro-rata in the liquidation of the estate
of the deceased. (Estate of Amadeo Matute
Olave vs Reyes, 123 scra 767)
Section 2. Time within which claims shall be
filed. — In the notice provided in the preceding
section, the court shall estate the time for the
filing of claims against the estate, which shall not
be more than twelve (12) not less than six (6)
months after the date of the first publication of
the notice. However, at any time before an order
of distribution is entered, on application of a
creditor who has failed to file his claim within the
such claim to be filed within a time not exceeding
one (1) month.
Annotations and Cases
(1) Section 2 of Rule 86 is commonly termed
the Statute of Non-Claims.
(2) The object of the law in fixing a definite
period within which claims must be
presented is to insure the speedy
settling of the affairs of a deceased
person and the early delivery of the
property of the estate into the hand
of the persons entitled to receive it.
(Santos vs Manarang 27 Phil 209)
(3) Initial filing of money claims against the
estate must be within 6 months to 12
months from date of first publication
of notice to file claims against the
estate/notice to creditors.
Extension is 1 month from expiration
of the original period fixed by the rules
for the presentation of claims but in no
case beyond the date of entry of the
order of distribution. (Vda de Danan vs
Buencamino, No. L-57205 December 14
1981 110 SCRA 352)
OR
1 month from receipt of the order
authorizing the filing of late claims
against the estate, and not from the
expiration of the original period fixed by
the court for the presentation of claims
(Barredo vs CA No L-17863 November 28
1962, 6 scra 620; De Rama vs Palileo 13
SCRA 228)
(4) Money claims against the estate may be
allowed any time before an order of
distribution is entered at the discretion of
the court for cause and upon such terms
as are equitable. (Echaus vs Blanco 179
SCRA 704)
(5) It is quite true that the courts can extend
the period within which to present claims
against the estate, even after the period
limited has lapsed, but such extension
could only be granted under special
circumstances. (De Vilanueva vs PNB, 9
SCRA 145)
Absent any showing of excusable
negligence, unavoidable mistake,
accident or fraud warranting the
interposition of a court of equity, the
claims may no longer be allowed.
(Villanueva vs Ramos 161 SCRA 363)
(6) It bears note, however, that when the
monetary claim against the
administrator has a relation to his
acts of administration in the ordinary
 course thereof, such claims can be
presented for payment with the court
where a special proceeding for the
settlement of estate is pending,
although said claims were not
incurred by the deceased during his
lifetime and collectible after his
death. (Quirino vs Grospe, 169 SCRA
720)
(7)