027.

PNB v Independent
May 16, 1983
Plana, J.
Short Version:
PNB filed a case against solidary debtors. One of them died. CFI dismissed the case. SC said no,
continue with the case, idiots.
Facts:
PNB filed a civil case against a bunch of solidary debtors. CFI dismissed the case, on the ground
that one of the defendants, Ceferino Valencia, died during the pendency of the case, and thus the
complaint, being a money claim based on contract, should be prosecuted in the testate or intestate
proceeding for the settlement of the estate pursuant to Sec. 6 of Rule 86 of the ROC. Hence this
appeal.
Issue:
WON the death of one defendant deprives the court of jurisdiction to proceed with the case. (No)
Ratio:
Art. 1216 grants the creditor the substantive right to seek satisfaction of his credit from one, some
or all of his solidary debtors, as he deems fit or convenient for the protection of his interests. If,
after instituting a collection suit, one of them dies, the court retains jurisdiction to continue the
proceedings. Rule 6 merely sets up the procedure in enforcing collection in case a creditor chooses
to pursue his claim against the estate of the deceased solidary debtor. The choice is left to the
creditor to determine against whom he will enforce collection.
Order set aside. Case remanded for proceedings.
Gabe.