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    Bonifacio V Judge Dizon

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    Jonalyn Bazar
    The SC ruled that the heirs of the landowner Olimpio Bonifacio inherited the favorable judgment ejecting the agricultural lessee Pastora San Miguel from the land. The ejectment case survived the death of Olimpio, and his heirs could execute the judgment despite his death not being communicated to the court during the case.

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    Bonifacio V Judge Dizon

    Uploaded by

    Jonalyn Bazar
    22 views1 page
    The SC ruled that the heirs of the landowner Olimpio Bonifacio inherited the favorable judgment ejecting the agricultural lessee Pastora San Miguel from the land. The ejectment case survived the death of Olimpio, and his heirs could execute the judgment despite his death not being communicated to the court during the case.

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    Bonifacio v Judge Dizon

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    The SC ruled that the heirs of the landowner Olimpio Bonifacio inherited the favorable judgment ejecting the agricultural lessee Pastora San Miguel from the land. The ejectment case survived the death of Olimpio, and his heirs could execute the judgment despite his death not being communicated to the court during the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    22 views1 page

    Bonifacio V Judge Dizon

    Uploaded by

    Jonalyn Bazar
    The SC ruled that the heirs of the landowner Olimpio Bonifacio inherited the favorable judgment ejecting the agricultural lessee Pastora San Miguel from the land. The ejectment case survived the death of Olimpio, and his heirs could execute the judgment despite his death not being communicated to the court during the case.

    Copyright:

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

    Bonifacio v Judge Dizon RULING:

    FACTS: Yes. SC reads Sec. 36 (1), R.A. 3844, which provides, for the continuation in
    the enjoyment and possession of an agricultural lessee of his landholding
    Olimpio Bonifacio is the owner of a land which the private respondent, except when his dispossession has been authorized by the Court in a
    Pastora San Miguel, was an agricultural lessee. On July 1, 1968, Olimpio judgment that is final and executory. Under such provision, the ejectment of
    filed a complaint seeking the ejectment of private respondent from an agricultural lessee was authorized not only when the landowner-lessor
    Bonifacio’s 2-hectare agricultural land. desired to cultivate the landholding, but also when a member of his
    immediate family so desired. The right of cultivation was extended to the
    The CAR granted the ejectment of Pastora San Miguel. On appeal by the landowner’s immediate family members evidently to place the landowner-
    private respondent, the CA modified the judgement with respect to her lessor in parity with the agricultural lessee who was (and still) allowed to
    counterclaim by ordering Olimpio to pay her in P1,376.00. Still dissatisfied, cultivate the land with the aid of his farm household. Whether used in
    private respondent sought relief to SC. reference to the agricultural lessor or lessee, the term “personal cultivation”
    cannot be given restricted connotation to mean a right personal and
    During the pendency of the case, Olimpio died andwas succeeded by his
    exclusive to either the lessor or lessee. In either case, the right extends to
    heirs. However, no notice of such death was given to the Court, hence no
    the members of the lessor’s or lessee’s immediate family. The CAR case not
    order of substitution of his heirs was made. SC resolved to deny the petition
    being a purely personal right, the same was transmitted to petitioners as
    of the private respondent for lack of merit, SC affirmed the decision of CA.
    heirs and successors-in-interest.
    Subsequently, petitioners (heirs of Olimpio) moved for the execution of the
    Further, Rules of procedure make it the duty of the attorney to inform the
    decision by RTC of Bulacan. The Deputy Sheriff submitted his report stating
    court promptly of his client's death, incapacity or incompetency during the
    in part that except for a portion thereof occupied by the private respondent
    pendency of the action and to give the name and residence of his executor,
    which the latter refused the vacate. Private respondent moved to quash the
    administrator, guardian or other legal representative. In case of a party's
    execution. RTC held the decision of the sheriff to be null and void, and that
    death, the court, if the action survives, shall then order upon proper notice
    the motion for demolition was denied.
    the legal representatives of the deceased to appear and to be substituted for
    Petitioners contended that the judge committed grave abuse of discretion. the deceased within a period of 30 days or within such time as may be
    They assert that the CAR case, being an ejectment case survives the death of granted. In the case at bar, Olimpio Bonifacio's death during the pendency
    a party. Private respondent, on the other hand, stress on the fact that the of private respondent's petition was not communicated to the Court. Private
    action is not an ordinary ejectment but an agrarian case for the ejectment of respondent's challenge against the proceedings held after Olimpio
    the agricultural lessee. Bonifacio's death cannot therefore be heeded.

    ISSUE:
    Won, the compulsory heirs inherit the favorable judgment obtained by the
    decedent, thereby vesting to the former, all rights conferred by the judgment
    to the decedent.

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