Lichauco vs.

Alejandrino and Weinmann ISSUE: WON Plaintiff can appear as an agent of his co-
heirs without their consent to do the same.
[GR no. 6513 / December 15, 1911 / 21 phil. 58]
HELD: The judgment of the lower court is set aside, unless
the co-heirs of Faustino Lichauco, within a period of ten
FACTS: Plaintiffs commenced an action against the days from notification of this decision, shall appear
defendants, in the Court of First Instance of Pampanga for personally or by notification of this decision, shall appear
the purpose of recovering the sum of P1,657.75, with personally or by attorney in the Court of First Instance of
interest at 12 per cent from the said 16th of July, 1908. Pampanga.

Defendants, pursuant to the complaint, presented a RATIO: The Code of Procedure in Civil Actions provides
general and special answer in which they prayed to be that in Courts of First Instance a party may conduct his
relieved from liability under the complaint. litigation personally or by the aid of a lawyer, and his
appearance must be either personal or by the aid of a duly
After hearing the evidenced adduced during the trial; the authorized member of the bar.
Hon. Julio Llorente, rendered a judgment in favor of the
plaintiffs for the sum of P610.22 with interest at 6 per cent In the present case, the co-heirs are neither in court
from the 16th of July, 1908, with the provision that if the personally nor by a duly authorized member of the bar.
defendants failed to pay the said amount, the plaintiffs are Therefore they are not in court at all, and any judgment
entitled to sell at public auction one-sixth part of the which we might render in the present case, with reference
mortgaged under and by virtue of a contract between to the heirs, either pro or con, would in no way be binding
Mariano Alejandro and Cornelia Laochangco. From the upon them.
judgment of the lower court the plaintiffs appealed.
From the question of the parties, it was known that
Faustino Lichauco brought the present action for himself
and in representation of his co heirs. So far as the record
shows, the co-heirs have no knowledge of the pendency
of the action. Faustino Lichauco shows no authority for
representing his co-heirs, except the mere allegation in the
title of his complaint. He speaks of himself as the plaintiff.
The attorney signs himself as attorney for the paintiff – not
for the plaintiffs.