EFFECT OF DEATH OF PARTY LITIGANT

Attorney Celso D. Lavia, Remedios M. Muyot, Spouses Virgilio D. Cebrero And Segundina
Magno-Cebrero, Petitioners,
Vs.
Honorable Court Of Appeals And Josefina C. Gabriel, Respondents
FACTS:
On April 6, 1983, Maria Carmen Gabriel y Paterno, executed a donation mortis causa in favor of
her sister-in-law, Josefina C. GabrieL over parcel of land with improvements in Sampaloc,
Manila. The donation was thumbmarked by Carmen before Notary Public and was accepted by
the donee in the same instrument.
Four months later, Carmen, who was already gravely ill with breast cancer, executed a Last Will
And Testament in which she bequeathed the same Sampaloc property to her cousin and
companion, Remedios C. Muyot, and willed a small 240-square-meter lot in Antipolo, Rizal (TCT
No. 278-6) to Josefina. She named a friend, Concepcion M. De Garcia, as executrix of her will.
A few days after, Carmen executed a General Power of Attorney appointing Muyot as Attorneyin-Fact for the following purpose: 1. To administer, take charge, and manage for my sole
benefit, all my properties, whether real or personal, wheresoever located; 2. To collect, demand
and recover all debts, notes or sums of money due me now or which in the future may become
due or payable to me, and for this purpose, to issue such receipts, papers, or deeds in my name
and stead; to cash or endorse checks drawn in my favor, to deposit in, or withdraw from, any
accounts with any banks wherever I may have savings, checking, or time deposit accounts; 3.
To execute, sign, authenticate, and enter into any and all contracts and agreements for me and
in my name with any person or entity; and, if necessary to settle my personal obligations, such
as for medical expenses, to mortgage or to dispose of for value any or portion of any of my
properties, whether real or personal; and 4. To bring suit, defend, and enter into compromises in
my name and stead, in connection with actions brought for or against me, of whatever nature
and kind.
On November 3, 1983, Josefina registered an adverse claim on the title of the Sampaloc
property based on the donation made by Carmen in her favor.
The next day, November 4, 1983, Remedios Muyot, as Carmen's attorney- in-fact, hired Atty.
Celso D. Lavia. On November 19, 1983, Carmen thumbmarked an "AFFIDAVIT OF DENIAL"
PLUS REVOCATION OF DONATION repudiating the donation of the Sampaloc property to
Josefina because it was allegedly procured through fraud and trickery. Both docs were
subsequently registered at the back of the propertys title. Carmn alleged that in April 1983,
she still could sign her name, and that she had no intention of donating the property to Josefina
who had not done her any favor and in fact abandoned her during her illness.

Two days later, Remedios Muyot, as Carmen's attorney-in-fact, sold the Sampaloc property to
Virgilio D. Cebrero. On November 29, 1983, Carmen passed away.
Josefina filed a complaint in the RTC Manila against Carmen's estate and the Register of Deeds
of Manila to annul the Deed of Revocation of Donation. She alleged that the deed of revocation,
made only ten days before Carmen's death, was false and fictitious. She asked the court to
appoint an administrator ad litem for the estate of Carmen P. Gabriel. Upon filing the complaint,
she caused to be recorded a Notice of Lis Pendens on the title of the property.
Without appointing a special administrator for Carmen's estate, the RTC caused summons to be
served on the estate. The summons was received by Remedios Muyot. Josefina's complaint
was amended to implead Muyot and the Cebrero spouses as additional defendants. In addition
to the original causes of action, the amended complaint sought the nullification of Muyot's
General Power of Attorney due to the death of Carmen and the sale of the Sampaloc property to
the Cebrero spouses plus motion to disqualify Lavina on the ground that his authority as
counsel for Carmen was extinguished upon her death
RTC Ruling Denied Josefina's motion to disqualify Atty. Lavia. Also denied the motion to
appoint a special administrator for the Estate "since the deceased left a Will naming an
administratrix (executrix) and the latter has accepted the trust. Court sustained jurisdiction over
the Estate based on the service of summons upon Muyot.
Josefina files a Petition for Certiorari plus Preliminary injunction with CA. CA issues restraining
order.
CA RULING- Attorney Lavia may not appear "as counsel for the estate of Carmen P. Gabriel
because his authority as her counsel was extinguished upon Carmen's death" (Art. 1919, Civil
Code). It also held that "respondent Remedios Muyot was not capacitated to receive summons
for the estate because the general power of attorney constituting her as agent of the deceased
became inoperative upon the death of the principal." The service of summons upon her was
void.
However, the Court held that a special administrator need not be appointed for the estate in Civil
Case No. 83-21629 as the last will and testament of Maria Carmen P. Gabriel had been allowed
probate on 3 February 1987 in Sp. Proc. No. 8423954 and letters testamentary had been issued
to the duly designated executrix, Concepcion M. De Garcia (p. 54, Rollo, G.R. No. 79917), to
represent the Estate
Hence this petition for review.
HELD:
The petitioners' argument that service of the summons on Remedios Muyot was valid and
sufficient to vest jurisdiction in the Court over the Estate of Carmen P. Gabriel, because Muyot
was Carmen's attorney-in-fact, is not correct. The estate of a dead person may only be

summoned through the executor or administrator of his estate for it is the executor or
administrator who may sue or be sued (Sec. 3, Rule 3, Rules of Court) and who may bring or
defend actions for the recovery or protection of the property or rights of the deceased (Sec. 2,
Rule 87, Rules of Court). The general power of attorney appointing Remedios as Carmen's
agent or attorney-in- fact was extinguished upon Carmen's demise (Art. 1919[3], Civil Code;
Thereafter, Remedios was bereft of authority to represent Carmen.
The petitioner's contention that the agency was "constituted in the common interest of the
principal and the agent" and that hence it was not extinguished by the death of the principal (Art.
1930, Civil Code) is refuted by the instrument itself which explicitly provided that the powers
conferred on the agent were to be exercised for the "sole benefit" of the principal, Carmen.
Carmen's death likewise divested Attorney Lavia of authority to represent her as counsel. A
dead client has no personality and cannot be represented by an attorney