G.R. No.

L-27956 April 30, 1976

DIONISIO DUMLAO, in his own behalf and in his capacity as Administrator of the Testate Estate of the
late Pedro Oria; FAUSTA DUMLAO, AMADO DUMLAO, and BENJAMIN DUMLAO, plaintiffs-appellants,
vs. QUALITY PLASTIC PRODUCTS, INC., defendant-appellee.
FACTS: The CFI of Pangasinan in Civil Case No. T662 rendered a judgment ordering defendants Soliven,
Oriad, Laurencio and Darang to pay dolidarity Quality Plastic Products, Inc. (QPP) the sum of P3,667.03
plus legal interest. Thus, in the case that they fail to pay said amount before the decision became final.
Then QPP is hereby authorized to foreclose the bond, in accordance with law, for satisfaction of
judgment. When the defendants failed to pay the judgment when the decision became final, the court
order the foreclosure of the surety bond and the sale at the public auction of the land of Oria which was
given as security. Orias land (OCT No. 28732, area of nine and six-tenths hectares) was levied and sold
by the sheriff and later confirmed by the lower court. However, it turned out that Oria died long before
the action was filed. His death was not known to QPP nor were the representatives aware that a case for
the Testate Estate of the deceased Oria was pending with the same Tayug Court. Dumlaos, all
testamentary heirs of Oria, filed for the annulment of the judgment against Oria and the execution of his
land, on the ground of lack of jurisdiction over the person of the deceased Oria. The Lower Court ruled
that it acquired jurisdiction over Soliven and other defendants in the case by reason of their voluntary
appearance. It reasoned out that Soliven acted in bad faith in not apprising the court of Orias death. It
specifically ruled that it acquired jurisdiction over his person and that judgment was valid as to him.
From that decision the plaintiffs appealed.
ISSUE: Whether or not the Court acquired jurisdiction over Oria
HELD: There is no difficulty in resolving that issue. Since no jurisdiction was acquired over Oria, the
judgment against him is a patent nullity.
As far as Oria was concerned, the lower court's judgment against him in Civil Case No. T-662 is void for
lack of jurisdiction over his person. He was not, and he could not have been, validly served with
summons. He had no more civil personality. His juridical capacity, which is the fitness to be the subject
of legal relations, was lost through death. (Arts. 37 and 42, Civil Code).
The lower court erred in ruling that since Soliven's counsel also appeared as counsel for Oria, there was
a voluntary appearance which enabled the court to acquire jurisdiction over Oria, as contemplated in
section 23, Rule 14 of the Revised Rules of Court. Soliven's counsel could not have validly appeared for a
dead co-defendant. Estoppel has no application to this case.
WHEREFORE, the lower court's decision is reversed and set aside. Its judgment in Civil Case No. T-662
against Pedro Oria is declared void for lack of jurisdiction. The execution sale of Oria's land covered by
OCT No. 28732 is also void.