Limjoco vs. Estate of Pedro Fragante, G.R. No.

L-770, 27 April 1948

Hilado, J.:

Facts:
Under date of May 21, 1946, the Public Service Commission rendered its decision in case
No. 4572 of Pedro O. Fragante, a Filipino Citizen at the time of his death, that the public interest
and convenience applied for by the latter will be promoted in a proper and suitable manner "by
authorizing the operation and maintenance of another ice plant of two and one-half (2-½) tons in
the municipality of San Juan; and that his intestate estate is financially capable of maintaining
the proposed service". The commission ordered "that under the provisions of section 15 of
Commonwealth Act No. 146, as amended a certificate of public convenience be issued to the
Intestate Estate of the deceased Pedro Fragante, authorizing said Intestate Estate through its
Special or Judicial Administrator, appointed by the proper court of competent jurisdiction, to
maintain and operate an ice plant with a daily productive capacity of two and one-half (2-1/2)
tons in the Municipality of San Juan and to sell the ice produced from said plant in the said
Municipality of San Juan and in the Municipality of Mandaluyong, Rizal, and in Quezon City",
subject to the conditions therein set forth in detail (petitioner's brief, pp. 33-34).

Issue:
WON the estate of Pedro Fragante is a “person” within the meaning of the Public Service
Act.

Ruling:
Yes. The estate of Pedro Fragante is a “person” within the meaning of the Public Service
Act. Under Article 42 of the New Civil Code, it states that, “Civil personality is extinguished by
death. The effect of death upon the rights and obligation of the deceased is determined by law, by
contract and by will.” The Supreme Court believes that it was the intendment of the framers of
law to include artificial or juridical, no less than natural, persons in the constitutional immunities
and in others of similar nature. Among these artificial or juridical persons figure estates of
deceased persons. Hence, within the framework of the Constitution, the estate of Pedro O.
Fragrante should be considered an artificial or juridical person for the purposes of the settlement
and distribution of his estate which, of course, include the exercise during the judicial
administration thereof of those rights and the fulfillment of those obligations of his which
survived after his death. Hence, the Supreme Court affirmed the PCS’s decision citing the
personality of Pedro O. Fragrante be deemed extended within the meaning and intent of the
Public Service Act in harmony with the constitution.