G.R. No. L‑2834

FACTS
Juan Azarraga sued Andrea Cortes and other defendants for payment of a sum of money. A judgment was rendered on 26 May 1905 and appealed by the defendants. While the appeal was pending, Andrea Cortes died (30 Jan 1906). Defendants’ counsel moved to dismiss the case as to the deceased and to release the preliminary attachment placed on her property. The plaintiff opposed, invoking the Code of Civil Procedure.

ISSUE
1. Whether the action may be dismissed with respect to the deceased defendant and the estate’s property released from attachment.
2. Whether the attachment should remain in force pending final resolution of the appeal.

RULING
The court held that the suit must continue in the appellate court against the surviving defendants and, upon petition, against the administrator of Andrea Cortes’s estate (or the estate itself) under §§ 119, 642, 651, 702 CPC. The obligation is indivisible; the estate remains liable for the debt. The preliminary attachment is proper to secure satisfaction of any eventual judgment and therefore remains in effect until a final judgment is rendered. The defendants’ motion was denied and dismissed with costs.