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[Article 42]

Civil Personality is extinguished by death. The effect of death upon right and
obligations of the deceased s determined by law, by contract and by will.
Dumlao vs Quality Plastics
April 30, 1976 | Aquino, J.
GR No. L27956
Petitioner: DIONISIO DUMLAO, in his capacity as Administrator of the Testate Estate of
the late Pedro Oria
Respondent: Quality Plastic Products Inc.
Judgement for Civil Case T-662 was rendered on February 28, 1962 ordering defendants
Soliven, Pedro Oria, Laurencio, Sumalbag and Darang to pay solidarity Quality Plastics
the sum of P3,667.03 plus legal rate of interest from November 1958 before its decision
became final or else Quality Plastics is hereby authorized to foreclose the bond.
Defendants failed to pay the amount before the limit given. Oria's land, which was
covered by Original Certificate of Title No. 28732 and has an area of nine and six-tenths
hectares, was levied upon and sold by the sheriff at public auction on September 24,
1962 which he has given as security under the bond.
Apparently, Oria died on April 23, 1959 or long before June 13, 1960. Quality Plastics
was not aware on Orias death. The summons and copies of complaint was personally
served on June 24, 1960 by a deputy sheriff to Soliven which the latter acknowledged
and signed in his own behalf and his co-defendants.
Dionisio, Fausta, Amado and Benjamin, all surnamed Dumlao and all testamentary heirs
in Oria's duly probated will, sued Quality Plastic Products, Inc on March 1, 1963 for the
annulment of the judgment against Oria and the execution against his land (T-873).
Dionisio also sued in his capacity as administrator of Orias testate estate.
W/N judgment against Oria and execution against his land be annulled on the ground
of lack in juridical capacity.
Quality Plastics upon receiving the summons on T-873 just learned that Oria was already
dead prior case T-662 was filed. The Dumalaos agreed in their stipulation that indeed
Quality Plastics was unaware of Orias death and that they acted in good faith in
joining Oria as a co-defendant.
However, no jurisdiction was acquired over Oria, thus, the judgment against him is a
patent nullity. Lower courts judgment against Oria in T-662 is void for lack of jurisdiction
over his person as far as Oria was concerned. He had no more civil personality and his

juridical capacity which is the fitness to be the subject of legal relations was lost through
The fact that Dumlao had to sue Quality Plastics in order to annul the judgment against
Oria does not follow that they are entitiled to claim attorneys fees against the
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.
Upon death of a person, the subject of legal relations disappears. Some of his rights
and obligations are extinguished, while others are transmitted to his successors. The
extent of such depends upon the law, the contract or the will involved.