Empire Insurance Co. v.

Rufino
Case No. 97
G.R. No. L – 38268 (May 31, 1979)
Chapter V, Page 223, Footnote No. 181

FACTS:
Vicente A. Rufino died intestate and was survived by his widow and 7 children. They then
executed a Partition Agreement agreeing to pay for all liabilities or obligations of the decedent.
Almost 1 year later, Petitioner filed a Civil Case claiming liabilities and obligations from the
Rufino estate. The trial court dismissed this claim stating the Petitioner did not file within the
time limited in the notice to creditors in the intestate proceedings. A Petition for Review on
Certiorari was filed by the Petitioner on the decision of the trial court claiming that what was
previously filed was not a money claim against the estate of the decedent, but a claim on the
estates of the Respondents.

ISSUE:
W/N the petition has merit.

HELD:
The petition is dismissed for lack of merit. The liabilities claimed by Petitioner were not listed in
the obligations acknowledged by the Partition Agreement.

LATIN MAXIM:
29, 30a, 45a