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Limjuco vs Pedro FraganteTITLE: Limjuco vs. The Estate of Pedro FraganteCITATION: 45 OG No. 9, p.397

FACTS:

Pedro Fragante, a Filipino citizen at the time of his death, applied for a certi

ficate 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 convenienceto Intestate Estate of the deceased, authorizing said Intestate Estate throughits special or Judicial Administrator, appointed by the proper court of competent jurisdiction, to maintain and operate the said plant. Petitioner claims thatthe 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.

HELD:

The estate of Fragante could be extended an artificial judicial personality because under the Civil Code, gestate of a dead person could be considered as artificial juridical person for the purpose of the settlement and distribution of his propertiesh. It should be noted that the exercise of juridical administration includes those rights and fulfillment of obligation of Fragante which survived after his death. One of those surviving rights involved the pending application forpublic convenience before the Public Service Commission.

Supreme Court is of the opinion that gfor the purposes of the prosecution of saidcase No. 4572 of the Public Service Commission to its final conclusion, both the personality and citizenship of Pedro O. Fragrante must be deemed extended, within the meaning and intent of the Public Service Act, as amended, in harmony wit

h the constitution: it is so adjudged and decreedh.

Limjoco vs. Estate of FragranteG.R. No. L-770April 27, 1948

FACTS:

On May 21, 1946, the Public Service Commission issued a certificate of public convenience to the Intestate Estate of the deceased Pedro Fragante, authorizing th

e said intestate estate through its Special or Judicial Administrator, appointedby the proper court of competent jurisdiction, to maintain and operate an ice plant with a daily productive capacity of two and one-half (2-1/2) tons in the Municipality of San Juan and to sell the ice produced from the said plant in the Municipalities of San Juan, Mandaluyong, Rizal, and Quezon City; that Fragantefs intestate estate is financially capable of maintaining the proposed service.

Petioner argues that allowing the substitution of the legal representative of the estate of Fragante for the latter as party applicant and afterwards granting the certificate applied for is a contravention of the law.

ISSUE:

Whether the estate of Fragante be extended an artificial judicial personality.

HELD:

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The estate of Fragrante must be extended an artificial judicial personality. IfFragrante had lived, in view of the evidence of record, would have obtained fromthe commission the certificate for which he was applying. The situation has notchanged except for his death, and the economic ability of his estate to appropriately and adequately operate and maintain the service of an ice plant was the same that it received from the decedent himself.

It has been the constant doctrine that the estate or the mass of property, rights and assets left by the decedent, directly becomes vested and charged with hisrights and obligations which survive after his demise. The reason for this legalfiction, that the estate of the deceased person is considered a "person", as deemed to include artificial or juridical persons, is the avoidance of injustice or prejudice resulting from the impossibility of exercising such legal rights andfulfilling such legal obligations of the decedent as survived after his death unless the fiction is indulged.

The estate of Fragrante should be considered an artificial or juridical person for the purposes of the settlement and distribution of his estate which, include

the exercise during the judicial administration of those rights and the fulfillment of those obligations of his estate which survived after his death.

The decedent's rights which by their nature are not extinguished by death go tomake up a part and parcel of the assets of his estate for the benefit of the creditors, devisees or legatees, if any, and the heirs of the decedent. It includesthose rights and fulfillment of obligation of Fragante which survived after hisdeath like his pending application at the commission.