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Mother's Credit Card and Bank Loans unpaid. Will it be passed to me or my father?

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kd123


Arresto Menor
My mother has loans and credit card balances in 2 or 3 banks here in the Philippines. She is a housewife and gets the money for payment from my father's salary as an OFW.

She has been a faithful payer to her debts up until last February 2018. Last 2017, she was diagnosed with Stage IV Thyroid Cancer with Brain and Pulmonary Metastases. Just this February 2018, her brain tumor ruptured and caused half-stroke / weakness on her right side. Ever since that month, she has not been able to pay her obligations to any banks due to the medical expenses that we've incurred and the medications that we are buying. My father also terminated his contract as an OFW to take care of my mother. So, right now, we don't have any inflow of money.

Lately, we've been receiving letters from the banks and collection agencies demanding us to pay for her debts. I, her son, have been keeping these letters out of her sight because it might stress her out and trigger a seizure or cause medical incident. Just this June 2018, BPI just got 28,000+ from our account and we're shocked. My father and I visited the bank and told us that they've automatically deducted this amount from my mother's account and we have barely enough money left for her medications.

Due to the nature of her illness, I'm afraid that my mother won't last long. My question is... Will this debt be transferred to my name or my father's? My father and I have not signed any paper signifying that we are co-makers. (The legal office of the banks are now saying that we sign ourselves as co-maker and I don't approve of it).

Thank you very much.

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xtianjames


Reclusion Perpetua
No, debts are not transferrable under the Philippine law but the lenders can garnish the inheritance your mother will leave upon her passing to pay for the loans before this will be distributed to the legal heirs.

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arnoldventura


Reclusion Perpetua
If she leaves debts behind, the effect is that you will not be able to settle the estate extrajudicially. You have to do it through the court where the creditor will be allowed to participate. This, however, would be of consequence only if there are other properties that need to be distributed to heirs by way of successsion. https://www.alburovillanueva.com/wills-succession-inheritance If none, then the bank would really have a difficult time collecting your mother's indebtedness from you or from your father, unless you voluntarily pay for it (though I believe that it is the right thing for you to do).

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