GR 45097; (December, 1938) (Digest)
G.R. No. 45097 , December 1, 1938
JOSE EMPEMANO, ET AL., plaintiffs-appellants, vs. GREGORIO CABUNIAG, ET AL., defendants-appellees.
FACTS
Patricio Empemano, before his death, executed a document acknowledging a debt of P195 to Gregorio Cabuniag. After Patricio’s death, Cabuniag filed a collection suit (Civil Case No. 383) in the justice of the peace court of Candelaria against Patricio’s widow, Asuncion Beredo, and their minor children. The court appointed Asuncion as guardian ad litem for the minor defendants, but she never accepted the appointment and refused to receive the summons and complaint copies. The court proceeded to declare all defendants in default and rendered a judgment against them. To satisfy the judgment, the sheriff sold at public auction five parcels of land belonging to the plaintiffs. The plaintiffs then filed an action in the Court of First Instance to annul the judgment, execution, and sale, which the lower court dismissed, prompting this appeal.
ISSUE
1. Whether the justice of the peace court acquired jurisdiction over the minor defendants through valid service of summons.
2. Whether the action for collection of a debt against the heirs of a deceased debtor was proper.
RULING
The Supreme Court reversed the lower court’s decision.
1. The justice of the peace court did not acquire valid jurisdiction over the minor defendants. While service of summons on a minor may be made upon a parent under the law, the minor must be properly represented by a guardian ad litem to protect their interests. Here, the appointed guardian (their mother) lacked the requisite preparation, did not accept the appointment, and refused service. Thus, the minors were not duly represented.
2. The collection suit was procedurally improper. Money claims against a deceased person must be presented in the intestate or testate proceedings of the estate, not in an ordinary action against the heirs directly. The justice of the peace court’s procedure was not allowed by law.
Consequently, the summons, judgment, writ of execution, and sheriff’s sale in Civil Case No. 383 were declared null and void.
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