Dumlao v. Quality Plastics, 70 SCRA 472

FACTS: Pedro Oria died on April 23, 1959. On June 13, 1960, Quality Plastic Products, Inc. filed a case gaianst Pedro Oria, Vicente Soliven, Santiago Laurencio, Marcelino Sumalbog, and Juana Darang. On June 24, 1960, Vicente Soliven received and signed the summons and copies of the complaint in his behalf and his co-defendants’. On February 18, 1962, CFI ordered the defendants to pay P3,667.03 to Quality Plastic Products Inc to avoid foreclosure of their surety bonds. However, Oria failed to pay (eh kais patay na nga) the said amount. Thus the lower court ordered the foreclosure of his surety bond and sale of his public land which he had given as a security for the bond. On March 1, 1963, Oria’s land was sold through auction by the sheriff. Hence, the testamentary heirs of Oria sued Quality Plastic Products and prayed for the annulment of the judgment against Oria and the sale of his land. Quality Plastics did not know about Oria’s death.

ISSUE: W/N the judgment against Oria and his land are valid

HELD: The Quality Plastics only learned about Oria’s death upon receipt of the summons of Oria’s heirs. They acted in good faith in including Oria as a co-defendant. However, no jurisdiction was acquired over Oria. Hence, the judgment against him is patent nullity. Oria, upon his death, had no more civil personality and his juridical capacity which made him capable of legal relations was lost through death. However, Dumlaos (heirs) are not entitled to claim attorney’s fee for the corporation.