21 - Ramos V Ramos
21 - Ramos V Ramos
21 - Ramos V Ramos
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THIRD DIVISION.
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the 1964 Rules of Court were still in effect. Under the old Rules,
specifically Section 3 of Rule 3, an executor or administrator may
sue or be sued without joining the party for whose benefit the
action is prosecuted or defended. The present rule, however,
requires the joinder of the beneficiary or the party for whose
benefit the action is brought. Under the former Rules, an executor
or administrator is allowed to either sue or be sued alone in that
capacity. In the present case, it was the estate of petitioners
father Paulino Chanliongco, as represented by Sebrio Tan
Quiming and Associates, that was included as defendant and
served summons. As it was, there was no need to include
petitioners as defendants. Not being parties, they were not
entitled to be served summons.
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The Facts
Petitioners are children of the late Paulino V. Chanliongco,
Jr., who was the coowner of a parcel of land known as Lot
No. 2G of Subdivision Plan SWO No. 7308. Situated in
Tondo, Manila, it was coowned by him, his sister Narcisa,
and his brothers Mario and Antonio. By virtue of a Special
Power of Attorney executed by the coowners in favor of
Narcisa, her daughter Adoracion C. Mendoza had sold the
lot to herein respondents on different days in September
1986. Because of conflict among the heirs of the coowners
as to the validity of the sale,
respondents
filed with the
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Regional Trial Court (RTC) a Complaint for interpleader
to resolve the various ownership claims.
The RTC upheld the sale insofar as the share of Narcisa
was concerned. It ruled that Adoracion had no authority to
sell the shares of the other coowners, because the Special
Power of Attorney had been executed in favor only of her
mother, Narcisa.
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CA Rollo, p. 134.
This case was deemed submitted for decision on April 10, 2001, upon
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Salva v. Court of Appeals, 304 SCRA 632, March 11, 1999 Nacuray
1998 Dial Corporation v. Soriano, 161 SCRA 737, May 31, 1988.
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Papa v. A.U. Valencia and Co., Inc., 284 SCRA 643, January 23,
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1998.
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