Regional Trial Court (RTC) admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed on October 7, 2002 a contingent claim for agent's commission due him amounting to approximately PhP206,250.00 in the event of the sale of certain parcels of land belonging to the estate, and the amount of PhP 275,000 as reimbursement for expenses incurred and/or to be incurred by petitioner in the course of negotiating the sale of said realties.
Petitioner maintains that the RTC erred in strictly applying to a probate proceeding the rules requiring a certificate of non-forum shopping, a written explanation for non-personal filing, and the payment of docket fees from filing of the claim. He insist that sec. 2, Rules 72 of the Rules of court provides that rules in ordinary actions are applicable to special proceedings only in a suppletory manner.
ISSUE: WON rules in ordinary actions are only supplementary to rules in special proceedings?
HELD:
Sec.2, Rule 72, provides: In the absences of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.
The word "practicable" is defined as possible to practice or perform; capable of being put into practice, done or accomplished. This means that in the absence of special provisions, rules in ordinary actions maybe applied in special proceedings as much as possible and where doing so would not pose an obstacle to said proceedings.
No where in the Rules of Court does it categorically say that rules in ordinary actions are in applicable or merely suppletory to special proceedings.
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