Facts:
Philippine National Bank, plaintiff-appellant, filed a complaint for collection of a sum of money on contract against
Independent Planters Association, Inc. and the following defendants-appellees:
Antonio Dimayuga, Delfin Fajardo, Ceferino Valencia, Moises Carandang, Luciano Castillo, Aurelio Valencia, Lauro Leviste, Gavino Gonzales, Lope Gevana and Bonifacio Laureana in Civil Case No. 46741 before the Court of First Instance of Manila (Branch XX). The action rested on a solidary obligation and the plaintiff presented its evidence. During the pendency of the case one defendant,
Ceferino Valencia, died after the plaintiff had presented its evidence. The court a quo dismissed the complaint on the ground that, under
Section 6, Rule 86 of the Rules of Court, a money claim against a decedent whose obligation is solidary with others should be prosecuted in the testate or intestate proceedings for settlement of the estate. The bank appealed the dismissal to the Supreme Court.
Issues:
Whether, in an action for collection of a sum of money based on contract against all the
solidary debtors, the death of one defendant deprives the court of jurisdiction to proceed with the case against the surviving defendants.
Ruling:
Ratio:
Doctrine: