LEON CLIMACO, PLAINTIFF AND APPELLANT, VS. CARLOS SIY UY, ET AL., DEFENDANT AND APPELLEES.

Appeal taken by Leon Climaco from the order of the Court of First Instance of Zamboanga dated January 12, 1959 in Civil Case No. 740
entitled “Leon Climaco, plaintiff, vs. Carlos Siy Uy and Manuel Co.
defendants,” denying the admission of his amended complaint for the
substitution of a deceased party-defendant, and dismissing the action.

On August 21, 1958 Climaco filed with the lower court an action for damages
against (1) Carlos Siy Uy
and (2) Manuel Co, his complaint alleging: 
that sometime in May, 1957, defendants maliciously charged him with the
crime of estafa before the City Fiscal of Manila;
that, conspiring with each other,
they gave the latter a false Manila address for plaintiff in order to mislead
said officer into filing, as he did file, Criminal Case No. 399622 with
the Court of First Instance of Manila against him, without giving him an
opportunity to present his side of the case; that, besides, defendants had
arranged to have plaintiff arrested and taken to Manila, without giving him a
chance to file a bond, albeit this part of the plan failed; that to defend himself,
plaintiff and his counsel had to make several trips to Manila by plane and
boat, thus, incurring extraordinary expenses; that, after trial, the Court of
First Instance of Manila dismissed the case; that the said prosecution hurt the
business credit and reputation of plaintiff, wounded his feelings, and caused
him suffering, anguish, humiliation, and damages in the total amount of
P19,000.00.

On September
8, 1958 defendants
filed a motion to dismiss the complaint on the ground that it stated no cause
of action and that the Court had not acquired jurisdiction over the person of
defendant Carlos Siy Uy who
died on August 27, 1958
before summons could be served upon him. 
Pending resolution of this motion, plaintiff filed a motion for leave to
amend his complaint to substitute the heirs of Carlos Siy
Uy – and eventually, the Executor of his Estate – as
defendants in the action.  On October
11, 1958, the lower
court issued an order granting the motion, but subsequently, defendants moved
for a reconsideration of said order and, on January 12, 1959, the court issued the appealed order not
only setting aside its previous order of October 11, 1958 but also dismissing the complaint.

Thereupon the plaintiff
took the present appeal.

Upon the facts alleged in the complaint it is clear that Climaco had a cause of action against the persons named as
defendants therein.  It was, however, a
cause of action for the recovery of damages, that is, a sum of money, and the
corresponding action is, unfortunately, one that does not survive upon the death
of the defendant, in accordance with the provisions of Section 21, Rule 3 of
the Rules of Court.

Neither could the action as against the deceased Siy Uy be maintained under
Section 1, Rule 87 of the Rules of Court because this legal provision only authorizes
actions against the Executor or Administrator when they are for the recovery of
real or personal property, or an interest therein, from the estate, or to
enforce a lien thereon, or when the action is to recover damages for an injury
to person or property, real or personal. 
In this case the damages which Climaco sought
to recover from the deceased Siy Uy
did not spring from any injury caused to his person.  Therefore, in so far as the appealed order denied Climaco’s
motion for leave to amend his complaint in the sense stated therein, the same is correct.

However, the deceased Siy Uy was not the only defendant.  Manuel Co was also named defendant in the
complaint.  Obviously, therefore, the
order appealed from is erroneous
insofar as it dismissed the case against Co.

WHEREFORE, the order appealed from is set aside insofar as
it dismissed the case against defendant Manuel Co, and the record of this case
is remanded to the lower court for further proceedings.  With costs.

Concepcion, C.J., Reyes, J.B.L., Regala, Makalintal, Bengzon, J.P., Zaldivar, and Sanchez, JJ., concur.

Castro, J., took no part.