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    5 PNB V Independent Planters

    Uploaded by

    Miguel Luis Gayares
    PNB is suing multiple parties as solidary debtors based on a contract. One debtor died during the case. The trial court dismissed the case due to the death, requiring PNB to file a claim in the estate of the deceased debtor instead of pursuing the surviving debtors. PNB appealed, citing Article 1216 of the Civil Code which allows a creditor to pursue any or all solidary debtors. The Supreme Court ruled in favor of PNB, finding that Article 1216 gives creditors the right to pursue surviving solidary debtors without needing to file a claim in the estate of the deceased debtor. The trial court's dismissal was set aside and the case remanded for further proceedings against the surviving defendants.

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    5 PNB V Independent Planters

    Uploaded by

    Miguel Luis Gayares
    112 views2 pages
    PNB is suing multiple parties as solidary debtors based on a contract. One debtor died during the case. The trial court dismissed the case due to the death, requiring PNB to file a claim in the estate of the deceased debtor instead of pursuing the surviving debtors. PNB appealed, citing Article 1216 of the Civil Code which allows a creditor to pursue any or all solidary debtors. The Supreme Court ruled in favor of PNB, finding that Article 1216 gives creditors the right to pursue surviving solidary debtors without needing to file a claim in the estate of the deceased debtor. The trial court's dismissal was set aside and the case remanded for further proceedings against the surviving defendants.

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    5 PNB v Independent Planters

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    PNB is suing multiple parties as solidary debtors based on a contract. One debtor died during the case. The trial court dismissed the case due to the death, requiring PNB to file a claim in the estate of the deceased debtor instead of pursuing the surviving debtors. PNB appealed, citing Article 1216 of the Civil Code which allows a creditor to pursue any or all solidary debtors. The Supreme Court ruled in favor of PNB, finding that Article 1216 gives creditors the right to pursue surviving solidary debtors without needing to file a claim in the estate of the deceased debtor. The trial court's dismissal was set aside and the case remanded for further proceedings against the surviving defendants.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    112 views2 pages

    5 PNB V Independent Planters

    Uploaded by

    Miguel Luis Gayares
    PNB is suing multiple parties as solidary debtors based on a contract. One debtor died during the case. The trial court dismissed the case due to the death, requiring PNB to file a claim in the estate of the deceased debtor instead of pursuing the surviving debtors. PNB appealed, citing Article 1216 of the Civil Code which allows a creditor to pursue any or all solidary debtors. The Supreme Court ruled in favor of PNB, finding that Article 1216 gives creditors the right to pursue surviving solidary debtors without needing to file a claim in the estate of the deceased debtor. The trial court's dismissal was set aside and the case remanded for further proceedings against the surviving defendants.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    5 PNB v INDEPENDENT PLANTERS ASSOCIATION INC.

    HELD/RATIO:
    G.R. No. L-28046 NO - Art. 1216 of the CC grants the creditor substantive right to seek satisfaction of
    May 16, 1983 his credit from one, some, or all of his solidary debtors as he deems fit or
    By: Gayares convenient for the protection of his interests; and if, after instituting a collection
    Topic: Joint and Solidary Obligations; Divisible and Indivisible Obligations; suit based on contract against them and, during its pendency, one of the
    Obligations with a penal clause defendants dies, the court retains jurisdiction to continue the proceedings and
    Petitioners: Philippine National Bank decide the case in respect of the surviving defendants.
    Respondents: Independent Planters Association, Inc., Antonio Dimayuga, Delfin
    Fajardo, Ceferino Valencia, Moises Carandang, Luciano Castillo, Aurelio Valencia, Art. 1216 is the governing provision in this case. Not Sec. 6, Rule 86 of the Rules of
    Lauro Leviste, Gavino Gonzales, Lope Gevana, and Bonifacio Laureana Court since nothing in this law prevents a creditor from proceeding against the
    Ponente: Plana, J. surviving solidary debtors.

    Art. 1216 gives the creditor the right to proceed against anyone of the solidary
    RECIT-READY/SUMMARY: PNB is claiming money from the solidary debtors based
    debtors or some or all of them simultaneously. The choice is undoubtedly left to
    on a contract entered into by the respondents. One of the solidary debtors died
    the solidary creditor to determine against whom he will enforce collection. In case
    during the proceedings. CFI dismissed PNB’s initial claim due to the said death. PNB
    of the death of one of the solidary debtors, the creditor may proceed against the
    appealed the dismissal order and invoked Art. 1216 of the CC so that it may collect
    surviving solidary debtors without necessity of filing a claim in the estate of the
    against one, some, or all of the surviving solidary debtors despite the sudden death
    deceased debtors. It is not mandatory for him to have the case dismissed against
    of one of the solidary debtors.
    the surviving debtors and file its claim in the estate of the deceased solidary
    debtor.
    DOCTRINE:
    In case of the death of one of the solidary debtors, the creditor may proceed
    WHEREFORE, appealed order of dismissal is set aside in respect of the surviving
    against the surviving solidary debtors without necessity of filing a claim in the
    defendants and the case is remanded to the corresponding RTC for proceedings.
    estate of the deceased debtors.

    FACTS:
     This is an appeal by PNB from the order of the CFI, which dismissed
    PNB’s complaint against several solidary debtors for the collection of a
    sum of money of on the ground that one of the defendants (C. Valencia)
    died during the pendency of the case and therefore the complaint, being
    a money claim based on contract, should be prosecuted in the testate or
    intestate proceeding for the settlement of the estate of the deceased
    defendant pursuant to Sec. 6 of Rule 86 of the Rules of Court (Solidary
    Obligation of Decedent).
     Appellant assails the order of dismissal, invoking its right to recourse
    against one, some, or all of its solidary debtors under Art. 1216 CC.

    ISSUE:
    W/N the death of one of the defendants in an action to collect a sum of money
    based on a contractual obligation against all the solidary debtors stops the
    proceedings of the case against the surviving defendants?

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