Rosell v. Fantonial
REITERATIONFacts
1. The Antecedents: Complainant Cosme Rosell filed a disbarment complaint against his son-in-law, respondent lawyer Jose E. Fantonial, alleging conduct unbecoming a member of the bar. 2. Procedural History: The complaint was filed on August 14, 1974, and referred to the Solicitor General for investigation. Complainant Cosme Rosell died on May 8, 1975, and was substituted by his surviving spouse and three children. Respondent Jose E. Fantonial died on May 5, 1983. 3. The Petition: This case originated from a disbarment complaint filed by Cosme Rosell against Jose E. Fantonial. Due to the death of the respondent, the case is considered closed and terminated.
Issue(s)
Whether the disbarment case against the respondent should proceed despite his death. Whether the case should be considered closed and terminated.
Ruling
The Supreme Court considered the case closed and terminated due to the death of the respondent, Jose E. Fantonial, applying the principle of action personalis moritur cum persona.
Ratio Decidendi
On the issue of proceeding with the disbarment case despite the respondent's death: The Court held that the death of the respondent in a disbarment case before a final judgment is rendered renders the case moot. This is in accordance with the legal principle action personalis moritur cum persona, which means that a personal action dies with the person. Since the disbarment proceeding is a personal action against the lawyer, it can no longer be prosecuted or continued after his death. On the issue of closing and terminating the case: Consequently, due to the death of the respondent, the Court considered the case closed and terminated. There is no longer a respondent against whom the disciplinary action can be enforced. The proceedings, therefore, must cease. The Court noted that the Solicitor General had recommended the dismissal of the complaint prior to the respondent's death.
Main Doctrine
The death of the respondent in a disbarment case before final judgment renders the case moot and the proceedings are considered closed and terminated, applying the principle of action personalis moritur cum persona.