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On June 25, 1952, Gabriel Maclan filed the complaint in the case at
bar. Ruben Garcia, who acquired the property in dispute in case No. 106,
by inheritance from Andres Mariano (who had died in the meanwhile), as
his grandson and sole heir, is the defendant in the present case.
In his answer to the complaint in case No. 1752, Garcia set up,
among other things, the defense that plaintiff's cause of action is barred
by the final judgment rendered in case No. 106 and by his failure to file his
claim in Special Proceedings No. 917 of the Court of First Instance of Rizal
in which the estate of the deceased Andres Mariano was settled which
has already been closed.
ISSUE: whether the claim for repairs should have been filed in the
proceedings for the settlement of the estate of the deceased
HELD:
Plaintiff’s contention that claim for repairs should not have been
filed in the proceedings for the settlement of the estate of the decedent
since only money claims arising from contracts expenses or implied are
enforceable in said proceedings is untenable because said obligation
arises from Law. Plaintiff’s argument seemingly, stems from misconception
of the nature of "implied contracts" as the term is used in the provision of
Section 5 of Rule 87 of the Rules of Court. Obligations arising ex lege are in
the common law system merged into the category of obligations imposed
by law and all are denominated implied contracts.