Beruflich Dokumente
Kultur Dokumente
BARCENA
June 18, 1976 | Martin, J. | Vesting of Succession Rights
Digester: Yee, Jenine
SUMMARY: Fortunata Barcena, mother of minors Rosalio Bonilla
and Salvacion Bonilla and wife of Ponciano Bonilla, instituted a
civil action in the CFI of Abra, to quiet title over certain parcels of
land. She subsequently died and petitioners filed a motion to
dismiss on the ground that Fortunata Barcena is dead ans
therefore has no legal capacity to sue. In turn, the counsel for
defendants filed for the susbstitution of her minor children, but
this was denied. The Court said that the CFI should have allowed
the susbstitution as the cause of action of Fortunata survived.
DOCTRINE: The question as to whether an action survives or not
depends on the nature of the action and the damage sued for. If
the wrong complained affects primarily and principally property
and property rights, the injuries to the person being merely
incidental, then the cause of action survives. If the wrong
complained is to the person, the property and rights of property
affected being incidental, the cause of action does not survive.
FACTS:
On March 31, 1975 Fortunata Barcena, mother of minors
Rosalio Bonilla and Salvacion Bonilla and wife of Ponciano
Bonilla, instituted a civil action in the CFI of Abra, to quiet title
over certain parcels of land located in Abra.
On July 9, 1975, Fortunata Barcena died. As a result, the herein
petitioners filed a motion to dismiss on the ground that
Fortunata Barcena is dead and, therefore, has no legal capacity
to sue.
Counsel for the plaintiff confirmed the death of Fortunata
Barcena, and asked for substitution by her minor children and
her husband, the petitioners herein
CFI: DISMISSED the case on the ground that a dead person
cannot be a real party in interest and has no legal personality
to sue.
On MR, CFI: DENIED.
On 2nd MR (?), CFI: DENIED.
Hence, the petition.
RULING: CFI directed to allow substitution of minor children and
to appoint a qualified person as guardian ad litem for them.