but the court denied the counsel's prayer for lack of merit. From the order, I. Recit-ready summary counsel for the deceased plaintiff filed a second motion for reconsideration of On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonilla and Salvacion the order dismissing the complaint claiming that the same is in violation of Bonilla and wife of Ponciano Bonilla, instituted a civil action in the CFI of Abra, to quiet Sections 16 and 17 of Rule 3 of the Rules of Court but the same was denied title over certain parcels of land located in Abra. The defendants filed a motion to dismiss the complaint on the ground that Fortunata Barcena is dead and, therefore, has no legal capacity to sue. In the hearing for the motion to dismiss, counsel for the plaintiff II. Issue/s confirmed the death of Fortunata Barcena, and asked for substitution by her minor 1. W/N Fortunata can be substituted by her children in the case? YES children and her husband; but the court after the hearing immediately dismissed the case on the ground that a dead person cannot be a real party in interest and has no legal personality to sue.. Article 777 of the Civil Code provides “that the rights to the III. Ratio/Legal Basis succession are transmitted from the moment of the death of the decedent.” From the moment of the death of the decedent, the heirs become the absolute owners of his The records of this case show that the death of Fortunata Barcena took place on July 9, property, subject to the rights and obligations of the decedent, and they cannot be 1975 while the complaint was filed on March 31, 1975. This means that when the deprived of their rights thereto except by the methods provided for by law. The complaint was filed on March 31, 1975, Fortunata Barcena was still alive, and therefore, moment of death is the determining factor when the heirs acquire a definite right to the court had acquired jurisdiction over her person. the inheritance whether such right be pure or contingent. The right of the heirs to the property of the deceased vests in them even before judicial declaration of their Rules of court prescribes the procedure if a party dies during the pendency of the being heirs in the testate or intestate proceedings. When Fortunata Barcena, proceeding can be substituted. Under Section 16, Rule 3 of the Rules of Court "whenever therefore, died, her claim or right to the parcels of land in litigation in Civil Case a party to a pending case dies ... it shall be the duty of his attorney to inform the court No. 856, was not extinguished by her death but was transmitted to her heirs upon promptly of such death ... and to give the name and residence of his executor, her death. Her heirs have thus acquired interest in the properties in litigation and administrator, guardian or other legal representatives." This was complied with when the became parties in interest in the case. counsel manifested this asked for the proper substitution. Facts of the case his is a grave error. Article 777 of the Civil Code provides "that the rights to the On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonilla and succession are transmitted from the moment of the death of the decedent." From the Salvacion Bonilla and wife of Ponciano Bonilla, instituted a civil action in the moment of the death of the decedent, the heirs become the absolute owners of his Court of First Instance of Abra, to quiet title over certain parcels of land located property, subject to the rights and obligations of the decedent, and they cannot be in Abra deprived of their rights thereto except by the methods provided for by law. - The moment of death is the determining factor when the heirs acquire a In May 9 defendants wrote a Motion to Dismiss,but before the hearing the definite right to the inheritance whether such right be pure or contingent. counsel for the plaintiff moved to amend the complaint to include new - The right of the heirs to the property of the deceased vests in them even allegations. before judicial declaration of their being heirs in the testate or intestate proceedings The defendants filed a new motion to dismiss on the ground that Fortunata died - When Fortunata Barcena, therefore, died her claim or right to the parcels of and thus has no legal capacity to sue. The court then dismissed the case. land in litigation in Civil Case No. 856, was not extinguished by her death but was transmitted to her heirs upon her death. Her heirs have thus On August 28, 1975, the court denied the motion for reconsideration filed by acquired interest in the properties in litigation and became parties in counsel for the plaintiff for lack of merit. On September 1, 1975, counsel for interest in the case. There is, therefore, no reason for the respondent Court deceased plaintiff filed a written manifestation praying that the minors Rosalio not to allow their substitution as parties in interest for the deceased Bonilla and Salvacion Bonilla be allowed to substitute their deceased mother, plaintiff.
G.R. NO: 166862 PONENTE: Callejo, Sr., J
ARTICLE; TOPIC OF CASE Art 777 DIGEST MAKER: Chino Villonco
Under Section 17, Rule 3 of the Rules of Court "after a party dies and the claim is not thereby extinguished, the court shall order, upon proper notice, the legal representative of the deceased to appear and be substituted for the deceased, within such time as may be granted ... ." The question as to whether an action survives or not depends on the nature of the action and the damage sued for.
Following the foregoing criterion the claim of the deceased plaintiff which is an action to quiet title over the parcels of land in litigation affects primarily and principally property and property rights and therefore is one that survives even after her death. It is, therefore, the duty of the respondent Court to order the legal representative of the deceased plaintiff to appear and to be substituted for her.
IV. Disposition
IN VIEW OF THE FOREGOING, the order of the respondent Court dismissing the complaint in Civil Case No. 856 of the Court of First Instance of Abra and the motions for reconsideration of the order of dismissal of said complaint are set aside and the respondent Court is hereby directed to allow the substitution of the minor children, who are the petitioners therein for the deceased plaintiff and to appoint a qualified person as guardian ad litem for them. Without pronouncement as to costs.chanrobles virtual law library V. VI. SO ORDERED.Notes
G.R. NO: 166862 PONENTE: Callejo, Sr., J
ARTICLE; TOPIC OF CASE Art 777 DIGEST MAKER: Chino Villonco
