Limjuco v. Estate of Pedro Fragante

G.R. No. L-770, 27 April 1948

FACTS:

Pedro Fragante, a Filipino citizen at the time of his death, applied for a certificate of public convenience to install and maintain an ice plant in San Juan Rizal. His intestate estate is financially capable of maintaining the proposed service. The Public Service Commission issued a certificate of public convenience to Intestate Estate of the deceased, authorizing said Intestate Estate through its special or Judicial Administrator, appointed by the proper court of competent jurisdiction, to maintain and operate the said plant. Petitioner claims that the granting of certificate applied to the estate is a contravention of law.

ISSUE:

Whether or not the estate of Fragante may be extended an artificial judicial personality.

RULING:

Yes, both the personality and citizenship of Pedro O. Fragrante must be deemed extended.

The term “person” include artificial or juridical persons, for otherwise these latter would be without the constitutional guarantee against being deprived of property without due process of law, or the immunity from unreasonable searches and seizures. Among these artificial or juridical persons figure estates of deceased persons.

The estate of Pedro O. Fragrante should be considered an artificial or juridical person for the purposes of the settlement and distribution of his estate which, of course, include the exercise during the judicial administration thereof of those rights and the fulfillment of those obligations of his which survived after his death. One of those rights was the one involved in his pending application before the Public Service Commission in the instant case, consisting in the prosecution of said application to its final conclusion.

* Case digest by Kristine Camille B. Gahuman, LLB-1, Andres Bonifacio Law School, SY 2017-2018

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