Bonilla vs.

Leon Barcena
G.R. No. L-41715 June 18, 1976
Martin, J.:
FACTS:
On March 31, 1975 Fortunata Bonilla, mother of minors Rosalio and Salvacion, wife of
Ponciano Bonilla (petitioner) instituted a civil action to quiet title over certain parcles of
land located in Abra. Respondents opposed and when Fortunata died, moved to dismiss
the same since a dead person has no legal capacity to sue. CFI dismissed the civil action
earlier instituted and although counsel for the plaintiff prayed that Rosalio and Salvacion
be allowed to substitute their deceased mother, the same was dismissed.
ISSUE:
Whether or not children of the deceased be allowed to substitute the deceased plaintiff.
RULING:
If the plaintiff dies, the Rules of Court prescribes the procedure whereby a party who died
during the pendency of the proceeding can be substituted.
Rule 16, Sec 3 ROC states, whenever a party to a pending case dies it shall be
the duty of his attorney to inform the court promptly of such death and to give
the name and residence of his executor, administrator, guardian or other legal
representative.
This duty was complained with by the counsel for the deceased plaintiff but the court,
instead of allowing the substitution, dismissed the petition on the ground that a dead
person has no legal personality to sue. Art 777 NCC provides the rights to the succession
are transmitted from the moment of the death of the decedent.
When Fortunata therefore died, her claim or right to the parcels of land in litigation was
not extinguished but was transferred to her heirs upon death.