Thursday, June 2, 2011

Viardo vs Belmonte, et al.

L-14122
August 21, 1962

FACTS: A father was the defendant in a civil case. During its pendency, he died, and his children were substituted as defendants. If judgment is rendered against the defendants, can the children be held personally liable with their own individual properties?

HELD: No. The children cannot be held personally liable, despite the substitution. The remedy of the plaintiff, the creditor, is to proceed against the estate of the deceased father.

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