(Persons Art 37-51 Juridical Persons)

TITLE: Dumlao v Quality Plastics

GR No. L27956, April 30, 1976

FACTS:
Pedro Oria died on April 23, 1959. On June 13, 1960, Quality Plastic
Products, Inc. filed a case against Pedro Oria, Vicente Soliven, Santiago
Laurencio, Marcelino Sumalbog, and Juana Darang. On June 24, 1960, Vicente
Soliven received and signed the summons and copies of the complaint in his
behalf and his co-defendants. On February 18, 1962, CFI ordered the
defendants to pay P3,667.03 to Quality Plastic Products Inc to avoid
foreclosure of their surety bonds. However, Oria failed to pay (eh kais patay
na nga) the said amount. Thus the lower court ordered the foreclosure of his
surety bond and sale of his public land which he had given as a security for
the bond. On March 1, 1963, Orias land was sold through auction by the
sheriff. Hence, the testamentary heirs of Oria sued Quality Plastic Products
and prayed for the annulment of the judgment against Oria and the sale of
his land. Quality Plastics did not know about Orias death.

ISSUE:

HELD:

W/N the judgment against Oria and his land are valid

The Quality Plastics only learned about Orias death upon receipt of the
summons of Orias heirs. They acted in good faith in including Oria as a codefendant. However, no jurisdiction was acquired over Oria. Hence, the
judgment against him is patent nullity. Oria, upon his death, had no more civil
personality and his juridical capacity which made him capable of legal
relations was lost through death. However, Dumlaos (heirs) are not entitled to
claim attorneys fee for the corporation.