(Sarsaba v. Te, GR. No . 175910, July 30, 2009).
e;,try of final judgment (ROG, Ruie 3,
Sec. ·20). · ·
Note: An action for "ancellation of title Is · a ·reol
action affecting, as it does .title to or possession of Note.: The judgment favorable to the ..
real property . It is an action that survives or is not plainth'f $hall be filed a$ a money claim
exting·uished upon the death of a party (Regalado ,v. against th~ estate (1 RIANO, supra at'
Regalado, G.R . No, 196~19 , June 6; 2011) . · 239). ·.
Non-complianc1;1with. the Rule on · substitution of a 1;3efor~entry of final jl.!dgment' rneans ·
· deceased party renders the proceedings and the case is on trial or on appeal: . .
judgment of the trial court infirm, because the ccurt
acquired no jurisdicticn over the persons of the legal · ii. After entry of final Judgment but
re'presentative~ or of the heirs.on whom the trial and before execution - all cla ims against
the judgment would .be binding (Brioso v. Rifi- the decedent , whether due, not due, or
Ma riano, G.R . No. 132765, January 31, 2003). contingent, must be filed within the time
limited in .the notice as. a claim against
However, in .an -~jectment case, the non-substitution the estate (ROC , Rul e .86, Sec. 5). The
of the deceased by his legal representatives pl;3intiff cannot move ro.-execution
. because of the failure of counsel tu inform the court under Rul e 39 .
of the dealh ·of his client does not deprive the court
o1 jurisdiction . The decision of the court is.· "'!!.. Hi. After · levy or . execution ~ut before
nevertheless, binding upon. the successor~JL. ~;/• :. "6 auction sale .-the property actually
!nterest. .A judgment in ai:, ejectment case may{~ \ leviEid·may be sold.forttie ·satisfacti6n of ·
enforced not only against defendants therein i'.: · the judgment obligati on (ROG, Rule 39,
also against the meri:,bers · of their family, (ffl ,t_,,.0 .-.-,0~~ ,.,q ec. 7(c)) .
relatives, or privies. who derived their ri~f ::i:~;iflt~ :. ;1r,.-·•:·-!, · :1,
possession from _the de.ceased ~~,q~Je ."hdan . ;,, . 1 2. Nori•eo!'!trac;tual Money Clalm_: A_pply
(Florendo , Jr. v. Coloma, G.R. No. L-fiQJS4'il , May 1~,y.1 1,,,,,.).! substitutfo)l. These claims are those rhentioned
1984) . . · tf.,k
l ·. .,?-1•""\J, in. Sectfo)~··~ I;,Rule 86 and' Section 1, Rule 87of
1 ...,;{ff, 1//;i
When Form~] s_ub~titution i~...~.of'l'jec,efgllry!
:t,·'"'
. <t;.
t;:t
?kl
the ~pc~\'I f: I,
· · .
·· .
Fqrmal subst1tutmn m not ne\1§[~::iry wtf~.f.l .the ~eirs ·· ;;{~ B.
the.mselves voluntarily appeJ:1£ed·"iff'' Jti~ 1 actiqr,i,, +;'~
0
~'~.t..
r-..,..1"
Tt .~·...·.·w·~ ..
...!Y '.b
;.·, 1:
m.~, 18 R
_.•tTPHUBOLRICS
.c-pFAFRICAE
O
.TRIONOF A
participated thGrein, and · P.re~~[lteq:r-- ~;YirJ.
~ nce•~iil! f{J . ·s-,;;;,~:jt_:·~.;:; :./ . . .
defense of deceased defendant (Vf{._ ,di:P S~fazar 'I'.
f:11; ·:ti The_action may be conti~ued and m_ointained _byor
CA, G.R. No. 12151(1, November 23;. 1.[)95). ;:• 1if.l •/ t9~m~t· the :;_u~cessor 1:, the public office 1f the
:;k,. . . :·/ ,:?l~ IJ~~ !!}~l, El.qu1s1tesare present: ·
Note: The mere failure of the counsel fjlf~ompl_,j:Yiilh " '• ·'"" 1•:·~•P"til'Jli e officer i:, a party to an action in his offi'.:;ial
his duty_to Inform the court of the deathijp f his;'.dlent, capacity;
such that no . substitution is effected;,~-,yill r ot 2. During the pendency of the action, he eith er
inyalidate the proceed ings and the_ judgment dies , resi1~ns,or otherw ise ceases to hold office;
rende red thereon if the ·action survil,!es the death of 3 . It is snfo;factorily shown to the court by any
such party. The tria l COLJrt's
j urisdiction over the case . party, within 30 days after the successor takes
subsists despit'e tho death of the party . If the office , that there is a subst antial need for
deceased litigant is protected as he continues to be continuing or maintaining the action;
properly represente d in the suit through the duly 4. That the successor adopts or continues or
appointed legal representative of their estate (1 threaten$ to adopt or continue the action of his
FERIA, supra at 293, citing Atty. Sarsaba v. De Te, predecessor; ·and
G:R. No. 175910, July 30, 2009) . 5. ThE:I party or officer affect!3d has been given
· reasonable hotice of the appli_cati6n therefor and
. Rules In cases where the action survives the accorded an opportunity to be heard.
death of a part.y
1. Contractual Money Claim SECTION 18. INCOMPET.ENCY 0~ INCAPACITY·
a. Plaintiff dies:
The case will continue and the.heirs or legal In case of supervening iricapacity or incompetency
representatives will proceed. of a party, the action shall continue to be prosecuted
by or against' him personally and not through his
b. Defendant dies: represEJntativP.s,in line With the amendments In
i. Before entry of final judgment - the Sectiom; 3 and 5 of this Rule, since he continues to
case shall not be dis1'1issed hut shall be the re,11party in interest, although assisted by the ·
instead be allowed to continue umil
2019 SAN SEDA CENTRALIZED BAR O PERATIO NS I 43
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