Dear PAO,Jun and Claire borrowed P3 million from me last year in order to finance the improvement of their house. Unfortunately, Jun met his untimely demise last month. I tried to collect the debt from Claire, but she gave me so many excuses. I am contemplating suing her to recover my money, but someone advised me that the proper legal remedy is to file my claim in the settlement of the estate of Jun.
The rationale for why the collection of the debt contracted by spouses cannot be brought against the surviving spouse was succinctly explained in the case of Alipio vs. Court of Appeals and Jaring, GR 134100, Sept. 29, 2000, where the Supreme Court, speaking through Associate Justice Vicente Mendoza, stated:'As held in Calma v.
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