Limjoco v.

Intestate Estate of Fragante, 80 Phil 776

FACTS:
Pedro Fragrante, a Filipino citizen, applied for a certificate of public convenience to
install and maintain an ice plant in San Juan, Rizal. Fragrante dies while his application
was still pending.  At the time of his death, his intestate estate is financially capable of
maintaining the proposed service.

The Public Service Commission issued a certificate of public convenience to the

intestate estate of the deceased through authorizing the said intestate estate with its
special or judicial administrator, appointed by the Court, to maintain and operate the
plant.

Limjoco (petitioner) argues that the intestate estate of Fragrante cannot be substituted
as the applicant for the deceased and is a contravention of the law.

ISSUE:
Whether or not the intestate estate of Fragrante is a juridical person?

HELD:
Yes. The issuance of the certificate of public convenience to the intestate estate of the
deceased is valid.

Fragrante was a Filipino citizen and continued to be such until his death. His estate was
able to financially maintain and operate. His right to prosecute the application to its final
conclusion was one which by its nature did not lapse through his death.

There would be a grave injustice for failure to recognize the said estate as a person for
the quashing of the proceedings for no other reason than his death would entail
prejudicial results to his investment .