GR 42059; (July, 1934) (Digest)
G.R. No. 42059 ; July 31, 1934
AGAPITA PABICO, petitioner, vs. DELFIN JARANILLA, Judge of First Instance of Manila, and HIDALGO, CUYUGAN & CO., respondents.
FACTS
In a civil case for the recovery of a sum of money, judgment was rendered against defendant Rufino Pabico. After the denial of his motion for a new trial, he presented a bill of exceptions (appeal) which was still pending approval. During this pendency, Rufino Pabico died. Counsel for the defendant filed a motion suggesting the death of the defendant and praying for the dismissal of the case without prejudice. The court denied the motion. One of the heirs of the deceased, Agapita Pabico, filed this mandamus proceeding to compel the respondent judge to dismiss the case due to the death of a party.
ISSUE
Whether the action for the recovery of a sum of money against the deceased defendant should be dismissed without prejudice, to be presented as a claim in the testamentary or intestate proceedings, despite the pendency of an appeal (bill of exceptions).
RULING
Yes. The Supreme Court granted the writ of mandamus, ordering the dismissal of the case without prejudice.
The applicable provisions of the Code of Civil Procedure (Sections 119, 686, 699, 700, and 703) mandate that an action for the recovery of money, debt, or damages does not survive the death of a party and must be discontinued. The claim must instead be presented to the committee on claims in the estate settlement proceedings. This rule is mandatory and confers no discretion upon the court.
The Court rejected the argument that the judgment (which was on appeal) altered this procedure. The action was still pending because the judgment was not final and executory, the bill of exceptions being still unapproved. The doctrine of merger (where the cause of action merges into the judgment) does not apply until a judgment becomes final. The cited precedents were distinguished as inapplicable.
The petitioner, as an heir of the deceased, had a direct interest sufficient to institute the mandamus proceedings.
AI Generated by Armztrong.