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    50 views1 page

    Lichauco vs. Alejandrino

    Uploaded by

    kahel
    case digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    7. Lichauco vs. Alejandrino.

    21 Phil 58 [1911]

    G.R. No. L-6513

    December 15, 1911

    Plaintiffs-appellants: FAUSTINO LICHAUCO, in his own name and in behalf of his coheirs, Eugenia,
    Clara, Luisa, Crisanto, Zacarias, Galo and Timotea Lichauso

    Defendant-appellees: ANA ALEJANDRINO and her husband W. WEINMANN

    Facts:

     Plaintiffs commenced an action against the defendants, for the purpose of recovering the sum of
    P1,657.75, with interest at 12 per cent.
     Mariano Alejandrino (Father of Defendant) borrowed from the said Cornelia Laochangco the sum
    of P6,000 Mex., under certain conditions mentioned in the said contract.
     all of the children of the said Mariano Alejandrino, except the defendant herein, Ana Alejandrino,
    entered into a contract, by the terms of which they obligated themselves to pay the balance due.
     The plaintiffs claim that Ana Alejandrino, was liable for one-sixth part of said sum.
     The lower court correctly held, however, that she was liable for the payment of one-sixth part of
    said amount by virtue of her having accepted her proportional part of the property.
     Faustino Lichauco has brought this action for himself and in representation of his co-heirs. 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.
     The attorney signs himself as attorney for the plaintiff — not for the plaintiffs.
     “The Code of Procedure in Civil Actions provides that in Courts of First Instance a party may
    conduct his litigation personally or by the aid of a lawyer, and his appearance must be either
    personal or by the aid of a duly authorized member of the bar. (Sec. 34, Act No. 190.)”
     In the present case the co-heirs are neither in court personally nor by the a duly authorized
    member of the bar. The present case seems to have been tried in the lower court.

    Issue:

    Whether the plantiff Faustino Lichauco can represent his co-heirs.

    Ruling:

    The judgment of the lower court is hereby set aside.

    unless the coheirs of Faustino Lichauco, within a period of ten days from notification of this decision, shall
    appear personally or by attorney in the Court of First Instance of the Province or Pampanga, either as
    plaintiffs or defendants, and in writing indicate their full conformance with the proceedings had in the
    present cause. 

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