Article 42 of the Civil Code of the Philippines

Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a)



This article deals with the extinguishment of civil personality. Upon the moment of death of a person his right to support ends, and if a penalty imposed to a person, such penalty extinguished upon his death, and if a person dies after he has authorized another to sell the former’s property the sale after such death is not valid.

CASE:

DIONISIO DUMLAO et al. vs QUALITY PLASTIC PRODUCTS, INC., G.R. No. L-27956 April 30, 1976


FACTS:

Judgement rendered on February 28, 1962 the Court of First Instance of Pangasinan in Civil Case No. T-662 ordering defendants Vicente Soliven, Pedro Oria, Santiago Laurencio, Marcelino Sumalbag and Juana Darang to pay solidarity Quality Plastic Products, Inc. the sum of P3,667.03 plus the legal rate of interest from November, 1958 or else Quality Plastic Products, Inc in which the lower court authorized them that in case the defendants failed to pay the said amount before its decision became final the bond shall be foreclosed.

So the defendants failed to pay the amount after the decision become final, Oria's land, which was covered by Original Certificate of Title No. 28732 and has an area of nine and six-tenths hectares, was levied upon and sold by the sheriff at public auction on September 24, 1962 which he was given as a security for the bond. The sale was confirmed by the lower court in its order of November 20, 1962.

Apparently, Oria died on April 23, 1959 or long before June 13, 1960 when the action was filed. Quality plastics wasn’t know the death of Oria. The summons and copies of the complaint for the five defendants in Civil Case No. T-662 had been personally served on June 24, 1960 by a deputy sheriff on Soliven, the principal in the bond, who acknowledged such service by signing on the back of the original summons in his own behalf and again signing for his co-defendants.

 Dionisio, Fausta, Amado and Benjamin, all surnamed Dumlao and all testamentary heirs in Oria's duly probated will, sued Quality Plastic Products, Inc., also in the Tayug court for the annulment of the judgment against Oria and the execution against his land. Dionisio Dumlao also sued in his capacity as administrator of Oria's testate estate


ISSUE:

Is the lower court judgment against Oria and the execution against his land shall be valid.

HELD:
As far as Oria was concerned, the lower court's judgment against him in Civil Case No. T-662 is void for lack of jurisdiction over his person. He was not, and he could not have been, validly served with summons. He had no more civil personality. His juridical capacity, which is the fitness to be the subject of legal relations, was lost through death. The fact that Dumalo sued Quality plastic products to annual the judgment against, it does not follow to claim attorney’s fee against the corporation.  


WHEREFORE, the lower court's decision is reversed and set aside. Its judgment in Civil Case No. T-662 against Pedro Oria is declared void for lack of jurisdiction. The execution sale of Oria's land covered by OCT No. 28732 is also void.

source:https://www.lawphil.net/judjuris/juri1976/apr1976/gr_27956_1976.html


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