THE CAPITAL INSURANCE AND SURETY COMPANY, INC., PLAINTIFF AND APPELLEE, VS. MARIO DELGADO, ET AL., DEFENDANTS AND APPELLANTS.

Appeal from the decision of the Court of First Instance of Cebu in
Civil Case No. R-4372 sentencing Mario Delgado and Leonor Delgado Dee
to pay, jointly and severally, to the Capital Insurance & Surety
Co. Inc., the sum of P583.95, with legal interest thereon from the
filing  of the complaint until paid in full plus the sum of P116.79, as
attorney’s fees and costs.

Appellee, Capital Insurance & Surety Co. Inc., an insurance
company duly organized under the laws of the Philippines, issued on
August 1, 1953, its Fire Insurance Policy No. C-1137 for P30,000,
whereby it insured several personal properties of appellants located at
Saneiangko Street, Cebu City, for a period of one year, at an annual
premium of P337.50. On August 8, 1953, a bill for the premium charges
of P337.50, plus P5.10 for documentary stamps was sent to the latter,
but the same remained unpaid. This notwithstanding, on August 31, 1954,
a renewal certificate (No. C-1238) of Policy No. C-1137 was issued by
appellee covering the period from August 1, 1954 to August 1, 1955 at
the same rate of premium.

On October 25,. 1954, appellee’s assistant manager, Virgilio
Formoso, wrote appellant Mario Delgado reminding him of the unpaid
premiums in the total sum of P685.20. In reply thereto, Delgado
promised to pay the unpaid charges on or before November 10th of the
same year. As he failed to do so, appellant filed the present action
with the Court of First Instance of Cebu against appellants to recover
from them the sum of P583.95, representing the premium charges on Fire
Insurance Policy No. C-4137, the further sum of PL16.79 as attorney’s
fees, and, costs.

Appellants’ answer alleged that they aid not insure their property
against fire with appellee, and disclaimed liaDility on tae lurtner
ground that, as they failed to. pay the corresponding premium, no
contract of insurance was consummated and therefore appellee had no
cause of action against them.

It is beyond question that appellee’s action is merely to recover
from appellants the principal sum of P588.95, with interest thereon at
the legal rate irom November 28, 1955 until full payment, plus the
additional sum of P116.79 as attorney’s fees, and the costs of suit.
Such being the case, the Court of First Instance of Cebu had no
original jurisdiction over the subject matter and all proceedings had
in the case are void.

Wherefore, the appealed decision is hereby set aside, and the case is dismissed without costs.

Bengzon, C. J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Regala and Makalintal, JJ., concur.