- Petitioner
- Roman Jaucian
- Respondent
- Francisco Querol
- Citation
- G.R. No. 11307
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Street, J.
- Decided
- October 5, 1918
Summary
Roman Jaucian sought to collect on a joint and several obligation from the estate of deceased Hermenegildo Rogero, who had served as surety for principal debtor Lino Dayandante. Jaucian filed his claim against the estate over a year after the committee on claims had filed its report. The Supreme Court affirmed the lower court's rejection of the claim, holding that despite Rogero's status as surety, the obligation created absolute liability under the Civil Code and Code of Civil Procedure. Since the claim was absolute rather than contingent, it was barred for untimely presentation under the estate administration procedures. The decision clarified important distinctions between common law and civil law concepts of joint obligations and established precedent regarding the timely presentation of claims in estate proceedings.