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FACTS: On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonilla and Salvacion Bonilla and

wife of Ponciano Bonilla, instituted a civil action in the CFI of Abra, to quiet title over certain parcels of land
located in Abra.

The defendants filed a motion to dismiss the complaint on the ground that Fortunata Barcena is dead and,
therefore, has no legal capacity to sue. In the hearing for the motion to dismiss, counsel for the plaintiff
confirmed the death of Fortunata Barcena, and asked for substitution by her minor children and her
husband; but the court after the hearing immediately dismissed the case on the ground that a dead person
cannot be a real party in interest and has no legal personality to sue.

ISSUE: W/N the CFI erred in dismissing the complaint.

HELD: While it is true that a person who is dead cannot sue in court, yet he can be substituted by his heirs
in pursuing the case up to its completion.

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