[No. 6513. December 15, 1911.

FAUSTINO LICHAUCO, in his o n name and in behalf of his

coheirs, E genia, Clara, J li a, L isa, Crisan o, Zacarias, Galo and
Timo ea Licha co, plain iffs and appellan s, s. ANA
ALEJANDRINO and her h sband W. WEINMANN, defendan s and
appellees.

1. ACTION ON CONTRACT; INTEREST; DEMAND. Held:

Under he fac s s a ed in he opinion, ha he defendan as no
liable for in eres pon he con rac n il af er j dicial demand had
been made, here being no agreemen o he con rar .

2. PLEADING AND PRACTICE; ATTORNEY AND CLIENT;

APPEARANCE BY AGENT NOT AN ATTORNEY. The Code
of Proced re in Ci il Ac ions pro ides ha , in Co r s of Firs
Ins ance, a par ma cond c his li iga ion personall or b he aid
of an a orne (Sec. 34, Ac No. 190), and his appearance in co r
m s be personal or b he aid of a d l a hori ed member of he
bar. Par ies li igan can no appear b agen s ho. are no a orne s-
a -la . (Espiri s. Cross eld and Vicen e G asch, No. 5313,
Resol ion of Co r , Dec. 10, 1909.)

APPEAL from a j dgmen of he Co r of Firs Ins ance of

Pampanga. Lloren e, J.

VOL. 21, DECEMBER 15, 1911. 59

Lichauco s. Alejandrino and Weinmann.

The fac s are s a ed in he opinion of he co r

Ramon Salinas, for appellan s.
No appearance f or appellees.
JOHNSON, J.:
On he 16 h of J l , 1908, he plain iffs commenced an ac ion
agains he def endan s, in he Co r of Firs Ins ance of Pampanga,
for he p rpose of reco ering he s m of P1,657.75, i h in eres a
12 per cen from he said 16 h of J l , 1908.
To his complain he defendan s dem rred, hich dem rrer as,
on he 23rd of No ember, 1908, s s ained b he Hon. J lio
Lloren e, j dge. On he same da ( he 23rd of No ember, 1908) he
plain iffs led an amended complain agains he defendan s. The
complain as accompanied b E hibi s A, B, C, and D.
La er he defendan s presen ed a dem rrer hich as o err led.
On he 2nd of J l , 1909, he defendan s presen ed a general and
special ans er, in hich he pra ed o be relie ed from all liabili
nder he complain , i h cos s agains he plain iffs.
Af er hearing he e idence add ced d ring he rial of he ca se;
he Hon. J lio Lloren e, j dge, on he 10 h of Febr ar , 1910,
rendered a j dgmen in fa or of he plain iffs and agains he
defendan s for he s m of P610.22 Philippine c rrenc , i h in eres
a 6 per cen from he 16 h of J l , 1908, i h he pro ision ha if
he defendan s failed o pa he said amo n , he plain iffs ere
en i led o sell a p blic a c ion one-si h par of he land mor gaged
nder and b ir e of a con rac be een Mariano Alejandrino and
Cornelia Laochangco, da ed he 30 h of J l , 1886. (See E hibi A.)
Mariano Alejandrino as he fa her of he defendan , Ana
Alejandrino, and Cornelia Laochangco as he mo her of he
plain iffs. Mariano Alejandrino and Cornelia Laochangco are bo h
dead.
From he j dgmen of he lo er co r he plain iffs appealed.

60 PHILIPPINE REPORTS ANNOTATED

Lichauco s. Alejandrino and Weinmann.

From an e amina ion of he record, he follo ing fac s seem o be

r e:
Firs . Tha on he 30 h of J l , 1886, he said Mariano
Alejandrino borro ed from he said Cornelia Laochangco he s m
of P6,000 Me ., nder cer ain condi ions men ioned in he said
con rac . (See E hibi A.)
Second. Tha on he 15 h of A g s , 1895, he said Mariano
Alejandrino and Cornelia Laochangco liq ida ed he amo n d e
nder he said con rac , E hibi A, and i as fo nd on ha da e ha
here as s ill d e nder he said con rac he s m of P4,115.75. On
he same da (A g s 15,1895) he said Mariano Alejandrino
borro ed from Cornelia Laochangco he addi ional s m of P234.25,
making a o al amo n d e of 4,350 pesos Me . (E hibi B.)
Third. Tha la er, he e ac da e no appearing of record, he said
Mariano Alejandrino died, lea ing si children, he defendan
herein, Ana Alejandrino, being one of hem.
Fo r h. Tha on he 15 h of December, 1906, all of he children of
he said Mariano Alejandrino, e cep he defendan herein, Ana
Alejandrino, en ered in o a con rac , b he erms of hich he
obliga ed hemsel es o pa o he plain iffs he balance d e from
heir fa her, Mariano Alejandrino. (See E hibi D.)
 Fif h. Tha on he 23rd of April, 1898, he amo n d e on he said
con rac of J l 30, 1886, as again liq ida ed and i as fo nd ha
here as remaining d e and npaid on he said con rac , he s m of
P4,465. (See E hibi C.)
Under he pro isions of E hibi D ( he con rac hich as
en ered in o b all of he heirs of Mariano Alejandrino, e cep he
defendan herein, Ana Alejandrino), he obliga ed hemsel es o
pa heir propor ional amo n of he indeb edness of heir fa her,
oge her i h 12 per cen in eres . The plain iffs claim ha he
amo n d e on he con rac of J l 30, 1886, a he ime of he
commencemen of he presen ac ion ( he 15 h of J l , 1908),
oge her i h he in eres amo n ed o he s m of P9,946.50, and
ha he defendan herein, Ana Alejandrino, as liable for one-si h
par of said s m, or he s m of P1,657.75.

VOL. 21, DECEMBER 15, 1911. 61

Lichauco s. Alejandrino and Weinmann.

The defendan , Ana Alejandrino, as no a par o he con rac

represen ed b E hibi D. She did no agree o pa 12 per cen
in eres on he amo n remaining d e on he 23rd of April, 1898, of
he deb be een her fa her and he plain iffs herein. There is no
proof in he record ha an demand as e er made pon her f or he
pa men of her aliq o par of he balance fo nd o be d e on he
23rd of April, 1898, ei her j diciall or e raj diciall . She as,
herefore, no liable o pa in eres on her aliq o par of he said
amo n . The lo er co r correc l held, ho e er, ha she as liable
for he pa men of one-si h par of said amo n b ir e of her
ha ing accep ed her propor ional par of he proper in ol ed and
co ered b he original con rac be een her fa her and he mo her
of he plain iffs, bearing da e of J l 30, 1886, or for he s m of
744.16 pesos Me ., hich, red ced o conan , amo n ed o P610.22,
he amo n for hich he lo er co r rendered j dgmen , i h 6 per
cen from he 16 h of J l , 1908.
While e ha e no disc ssed he assignmen s of error in de ail,
e belie e ha e ha e ans ered each of hem in effec . We ha e
disc ssed he q es ions pon heir meri s as he are presen ed in he
record. There is a q es ion of par ies, ho e er, hich has no been
presen ed, hich e can no o erlook.
I ill be no ed ha Fa s ino Licha co has bro gh his ac ion f
or himself and in represen a ion of his co-heirs. So far as he record
sho s, he co-heirs ha e no kno ledge of he pendenc of he
ac ion. Fa s ino Licha co sho s no a hori for represen ing his
co-heirs,. e cep he mere allega ion in he i le of his complain . He
speaks of himself as he plain iff. The a orne signs himself as
a orne for he plain iff no for he plain iffs. Fa s ino Licha co
represen s himself and his co-heirs, and he a orne -a -la , ho
signs he complain , represen s as he alleges " he plain iff." There is
no hing in he record hich sho s ha he co-heirs are no capable
of represen ing hemsel es. There is no hing in he record hich
sho s ha he e er ga e heir consen o he commence-

62 PHILIPPINE REPORTS ANNOTATED

Lichauco s. Alejandrino and Weinmann.

men of he presen ac ion. I ma be ass med ha he did, b his

is no s f cien . The Code of Proced re in Ci il Ac ions pro ides
ha in Co r s of Firs Ins ance a par ma cond c his li iga ion
personall or b he aid of a la er, and his appearance m s be
ei her personal or b he aid of a d l a hori ed member of he bar.
(Sec. 34, Ac No. 190.) In he presen case he co-heirs are nei her in
co r personall nor b a d l a hori ed member of he bar.
Therefore he are no in co r a all, and an j dgmen hich e
migh render in he presen case, i h reference o he heirs, ei her
pro or con, o ld in no a be binding pon hem. (Espiri s.
1
Cross eld and Vicen e G asch, No. 5313).
The presen case seems o ha e been ried in he lo er co r pon
he heor ha all of he in eres ed par ies ere presen , and for ha
reason e ha e disc ssed he case pon i s meri s, belie ing ha he
par ies o ld deem f r her li iga ion nnecessar , once being
informed of he ie s of his co r pon he fac s presen ed. This
ass mp ion, ho e er, is based pon he gro nd ha e en ho gh he
co-heirs had been represen ed in he rial of he ca se, in accordance
i h la , no o her or differen e idence o ld ha e been add ced.
Therefore, follo ing he decision of his co r in he case of
Licha co s. Limj co (19 Phil. Rep., 12), he j dgmen of he lo er
co r is hereb se aside, nless he coheirs of Fa s ino Licha co,
i hin a period of en da s from no i ca ion of his decision, shall
appear personall or b a orne in he Co r of Firs Ins ance of he
Pro ince of Pampanga, ei her as plain iffs or defendan s, and in
ri ing indica e heir f ll conformance i h he proceedings had in
he presen ca se. In hich case, he Co r of Firs Ins ance of he
Pro ince of Pampanga is hereb direc ed o en er a j dgmen
con rming he j dgmen here-

_______________

1 Resol ion of he S preme Co r , Dec. 10, 1909; see Robinson s. Villaf er e, 18

Phil. Rep., 171.

3
 VOL. 21, DECEMBER 15, 1911. 63
United States s. De la Rosa.

ofore rendered b said co r on he 10 h da of Febr ar , 1910.

Mapa, Carson, and Moreland, JJ., conc r.

Judgment set aside conditionall .

________________

C gh 2020 Ce a B S , I c. A gh e e ed.