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CFI: Issued An Order Denying The Motion. Hence, This Appeal To The SC

In this case, Pedro Litonjua obtained a judgment against Claudio Montilla for P4,000 but was unable to collect from Montilla's personal property. Litonjua then sought to satisfy the debt from Montilla's interest in his father Agustin Montilla Sr.'s intestate estate. The CFI denied this motion. The Supreme Court affirmed, holding that the creditors of heirs may only collect debts from inherited property after the debts of the deceased are paid and net assets divided among heirs. An execution cannot be levied on an intestate estate's property to pay heirs' debts until credits against the deceased are settled.

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182 views1 page

CFI: Issued An Order Denying The Motion. Hence, This Appeal To The SC

In this case, Pedro Litonjua obtained a judgment against Claudio Montilla for P4,000 but was unable to collect from Montilla's personal property. Litonjua then sought to satisfy the debt from Montilla's interest in his father Agustin Montilla Sr.'s intestate estate. The CFI denied this motion. The Supreme Court affirmed, holding that the creditors of heirs may only collect debts from inherited property after the debts of the deceased are paid and net assets divided among heirs. An execution cannot be levied on an intestate estate's property to pay heirs' debts until credits against the deceased are settled.

Uploaded by

Joseph Macalintal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LITONJUA vs.

MONTILLA
G.R. No. L-4170, January 31, 1952

FACTS: In a Civil Case rendered by the CFI of Negros Occidental, Pedro L. Litonjua obtained a judgment against
Claudio Montilla for the payment of the sum of P4,000 with legal interest, plus costs amounting to P39.00 In due
time, a writ of execution was issued, but no property of Claudio Montilla was found which could be levied upon.

In order to satisfy the said judgment Pedro L. Litonjua filed in special Proceeding of the CFI of Negros Occidental,
Intestate Estate of Agustin Montilla, Sr., deceased, a motion praying that the interest, property and participation of
Claudio Montilla, one of the heirs of Agustin Montilla, Sr., in the latter's intestate estate be sold and out of the
proceed the judgment debt of Claudio Montilla in favor of Pedro L. Litonjua be paid. This motion was opposed by
Claudio Montilla and by Agustin Montilla, Jr., administrator of the intestate estate

CFI : issued an order denying the motion. Hence, this appeal to the SC.

ISSUE: Whether or not Litonjua, as a creditor, may go after the interest of Montilla Jr. in the intestate Estate of
Agustin Montilla Sr.

HELD: NO. The creditors of the heirs of a deceased person is entitled to collect his claim out of the property which
pertains by inheritance to said heirs, ONLY AFTER all debts of the testate or intestate succession have been paid
and when the net assets that are divisible among the heirs known. The debts of the deceased must first be paid
before his heirs can inherit.

A person who is not a creditor of a deceased, testate or intestate, has NO RIGHT to intervene either in the
proceedings brought in connection with the estate or in the settlement of the succession.

An execution cannot legally be levied upon the property of an intestate succession to pay the debts of the widow
and heirs of the deceased, until the credits held against the latter at the time of his death shall have been paid can
the remaining property that pertains to the said debtors heirs can be attached.

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