Dumlao v Quality Plastic Products, Inc.

G.R. No. L-27956 | April 30 1976

J. Aquino

Fact:

On June 13 1960, Quality Plastic Products, Inc. filed a cause of action against Vicente Soliven,
Pedro Oria, Santiago Laurencio, Marcelino Sumalbag and Juana Darang. On June 24, 1960, the principal,
Vicente Soliven received and signed the summons of the court in behalf of him and his co-defendants.
On February 28, 1962, the Court of First Instance ordered the defendants to pay P3,667.03 plus legal
interest rates from November 1958 or as consequence the surety bond will be foreclosed. The
defendants however failed to oblige the payment due. Hence, the foreclosure was done and the Land of
Pedro Oria was sold at a public auction.

However prior the complaint was filed, Pedro Oria already had passed away and at the same
time of the sale, a court proceeding settling the testate estate of the latter was at present. The
testamentary heirs sued Quality Plastic Products and petitioned for a nullification of judgment to Pedro
Oria and his land.

Issue:

Is the judgment to Pedro Oria and his land of legitimate cause?

Held:

No, regardless that Quality Plastic Products learnt only of the death upon the summons of heirs
of the testate. The heirs’ action we’re recognized in good faith. Since Pedro Oria’s juridical capacity,
which is the fitness to be the subject of legal relations, was lost through death, henceforth no
jurisdiction was acquired over the latter.

Wherefore, lower court decision was reversed and the heirs weren’t entitled to claim attorney’s
fee against the corporation.