SUCCESSION

Case Number 5

Bonilla vs. Leon Barcena

G.R. No. L-41715 June 18, 1976
Martin, J.:

FACTS:
On March 31, 1975 Fortunata Bonilla, mother of minors Rosalio and Salvacion, wife of Ponciano
Bonilla (petitioner) instituted a civil action to quiet title over certain parcles of land located in Abra.
Respondents opposed and when Fortunata died, moved to dismiss the same since a dead person has
no legal capacity to sue. CFI dismissed the civil action earlier instituted and although counsel for the
plaintiff prayed that Rosalio and Salvacion be allowed to substitute their deceased mother, the same
was dismissed.

ISSUE:
Whether or not children of the deceased be allowed to substitute the deceased plaintiff.

RULING:
If the plaintiff dies, the Rules of Court prescribes the procedure whereby a party who died during the
pendency of the proceeding can be substituted.
Rule 16, Rule 3 Of the Rules of Court states, “whenever a party to a pending case dies… it shall be
the duty of his attorney to inform the court promptly of such death… and to give the name and
residence of his executor, administrator, guardian or other legal representative.”
Rule 17, Rule 3 of the Rules of Court states that, “it is even the duty of the court, if the legal
representatives fails to appear, to order the opposing party to procure the appointment of a legal
representative of the deceased.”
The counsel for the deceased plaintiff has not only asked that the minor children be substitutef for
her but also suggested that their uncle be appointed as guardian ad litem for them for their father is
busy in Manila earning a living for the family but the court, instead of allowing the substitution,
dismissed the petition on the ground that a dead person has no legal personality to sue. Art 777 NCC
provides “the rights to the succession are transmitted from the moment of the death of the decedent.
When Fortunata therefore died, her claim or right to the parcels of land in litigation was not
extinguished but was transferred to her heirs upon death.