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Rule 3, Section 16. Death of party; duty of counsel. — Whenever a party to a pending action dies, and the claim
is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such
death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure
of counsel to comply with his duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment
of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a
period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear
within the specified period, the court may order the opposing party, within a specified time to procure the
appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear
for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing
party, may be recovered as costs.
Section 16 outlines the steps that should be followed in making the substitution. The instance when a party
dies and the claim hereby is not extinguished meaning the action survives. If the action is not the one that survives,
then it is simply dismissed.
The following are the steps in making a valid substitution for the death of a party:
1. Notice
The counsel for the deceased party should comply with his duty to notify the courts (to give notice). The notice
should include the following:
a) Proof of death of the deceased party.
b) The name(s) and the addressed of the legal representatives.
QUESTION:
Suppose the counsel of the deceased party does not comply with his duty of notifying the court?
ANSWER: There can be an administrative sanction on the counsel.
When the court takes note of the death of the party, the court shall proceed with the trial of the case without taking
the substitution then all the proceedings including the judgment shall be void. The heirs of the deceased party or
the legal representatives shall not be bound by the judgment. This is the effect if the court proceeds without
substitution.
2. Order
The court will issue an order directing the legal representatives to appear in court within 30 days for
substitution.
3. Appointment of an Administrator or Executor
If the legal representative fails to appear or they refuse to appear or no legal representative is mention in
the notice filed by the counsel of the deceased party. Then the court shall order the opposing party to appoint an
administrator or executor. So that the administrator or executor shall now be the one to appear in behalf of the
deceased party.
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APPLICATION TO A CASE
DEATH OF A PLANTIFF
X is the plaintiff. Y is the defendant. X dies. The counsel for the deceased party files a notice for the death of a
party with proof of the death of the party. In the notice he also mentions the names and addresses of the legal
representatives. The defendant filed a motion for substitution, asking the court to issue an order substituting the
legal representative in place the deceased plaintiff. The issued an order granting the motion and substituting the
legal representatives in place of the deceased plaintiff. Then, there was a judgment. The judgment is adverse to
the plaintiff. Is the judgment binding upon the substituted plaintiff(s)?
Answer: No. The judgment is not binding upon the substituted parties because the steps or requisites in making
a substitution were not followed because the defendant merely filed a motion and then it was approve.
The court should have issued an order directing the legal representatives to appear in court within 30 days so that
they may be substituted.
The mere filing of the defendant for the representative and its approval by the court cannot be binding upon the
legal representatives as there was no proper substitution. Any judgment made by the court shall not bind such
legal representatives.
What happens if they appear but refuse to be substituted, can they be compelled?
The court cannot compel them to be substituted if they do not want to be substituted. The court will order
the opposing party to appoint an administrator or executor.

DEATH OF A DEFENDANT
It shall involves a civil case where the defendant dies.
a) The civil action should involve a money claim arising from a contract, express or implied.
b) The defendant dies before entry of judgment.
c) Such case will not be dismissed instead the case shall proceed until entry of judgment.
d) The judgment shall be presented as a money claim based on judgment in the settlement of the estate of
the deceased defendant.
In a typical case, there is a judgment rendered by the court. The judgment becomes final. Then there is judgment
obligee and a judgment obligor (in the past they are called judgment creditor and judgment debtor). The judgment
obligee is the prevailing party. The judgment obligor is the one who has an obligation to perform under the
judgment.
If the judgment becomes final, how may be it enforced?
The judgment obligee files a motion for execution. Then the court will issue a writ of execution. The writ
will then be implemented so that so that the judgment may be satisfied by the judgment obligor. So that the
judgment be satisfied by means of execution.
The following are two ways in executing a judgment:
a) By means of a motion
b) By means of an action
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When can there be an entry of judgment?

The moment the judgment becomes final. Then there will be an entry of judgment. The judgment has
attained finality.
In a situation where the defendant dies before entry of judgment, the case will continue until entry of judgment.
Who will be the defendant now if the defendant is dead?
There will be a substitution so that the case will continue until entry of judgment. Until the judgment
becomes final.
Instead of enforcing the judgment by means of execution, filing the judgment as a money claim based on judgment
in the settlement of the estate of the deceased defendant. In the settlement of the estate of the deceased defendant
the judgment shall be presented as a claim based on the judgment.

EXAMPLE:
A and B. B is the debtor. B owes a certain amount of money to A. Before the paying his debt, B dies. The
debt became due but the debtor died. Can A file a case against the B?
No, you cannot sue a deceased person. He has no civil personality anymore.
What is A`s remedy?
The remedy will be for A to present it as a money claim in the settlement of the estate of the deceased
person/deceased debtor/decedent.
In the situation but B does not die, so A sued B. While the case was undergoing trial/pending in court. B died. If
B dies before entry of judgment, then there will be a substitution because the case shall continue until there is an
entry of judgment. Now, there is an entry of judgment but you cannot execute the judgment like the one mention
before but you set it as money claim for the settlement of the estate of the decedent. It shall be presented as a
claim based on judgment.
Advance Lecture on Special Proceedings
SETTLEMENT OF AN ESTATE OF A DECEASED PERSON
When you settle an estate of a deceased person is judicial settlement, it can also be through extrajudicial
settlement.
1.) Judicial Settlement
It can only be done when you cannot be settled the estate extrajudicially. If extrajudicial settlement is
available then you cannot settle it judicially.

2.) Extrajudicial Settlement

For an estate to be settled extrajudicially, the requisites must be present:
a) The decedent died without a will.

b) The decedent died without debts.

If he died with debts you can settle the estate extrajudicially even if he died with a
will.
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c) All the heirs are of legal age or if they are minors or incapacitated, they are legally represented.

d) The extrajudicial settlement must appear in a public instrument.

e) The extrajudicial settlement must be published once a week for three consecutive weeks in a
newspaper of general circulation.

APPLICATION
You file a petition in court for the appointment of an Administrator/ Executor. Executor, if he died with a
will. Administrator is when he died without a will. The moment the court appoints an Administrator/ Executor,
immediately the clerk of court will publish a notice to the creditors to file their claims against the estate within
the certain time which is stated in the notice.
What are the claims that can be filed against the estate?
1.) Money claims arising from a contract, express or implied, whether they be due or not due or contingent.
 In such, this is before any action has been filed before the court. It is remedy if the debtor
dies before the case enters into any legal proceedings.

 You have to prove your claim so that the court will set a date for the period of your claim.
You have to present evidence to prove your claim. Unless, your claim is admitted but if
your claim is disputed then you have to prove it.

2.) Funeral expenses or expenses during the last illness of the decedent.

3.) Judgment for money.

 No need to prove the claim, just present the judgment.
 Based on the judgment.
 If the civil action involves a money claim arises from a contract by presenting the judgment
as a money claim based on judgment in the settlement of the estate of the deceased
defendant.
What happens if you fail to file your claim within the period for filing it? Then, your claim is barred.
In Special Proceedings, there is a definite period for filing a claim not less than 6 months but not more than one
year from the date of the publication of the first notice.
There is a definite period of filing it and it is the Statute of Non-Claims. The Statute of Non-Claims is the time
for the filing of claims and if you hold a claim to any one of the stated before and you fail to file it within the time
for filing it called Statute of Non-Claims. Then your claim is barred.
In a money claim, it is important when the defendant dies. The following are the steps:
1.) If the defendant dies before entry of judgment, the proceeding shall continue until entry of judgment.

2.) There is now an entry of judgment, the defendant did not die yet.

3.) Motion for Execution is filed. Defendant is still alive.

4.) Court issues a writ of execution.

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5.) Sheriff will enforce the writ of execution. How? He will levy on the property of the defendant. The levy
will constitute as lien over the property of the defendant.

6.) Before levy, if the defendant dies, proceeding does not continue because the remedy is as a money claim
based on judgment in the settlement of the estate of the deceased defendant.

7.) Sale of Execution. The property levied upon will be sold.

8.) Proceeds of the same, it will be applied as payment of the obligation.

9.) After levy, if the defendant dies, the property has been set aside. The proceedings will continue to until
the sale of the property levied upon to satisfy the judgment obligation. (Proceed until Sale of Execution)

Real Parties in Interest

1) Indispensable Party

-He must be joined because the non-joinder of the indispensable party may render the proceedings void.

2) Necessary Party
- He may be joined or he not joined and still there ca be a judgment except the judgment shall not settle
the entire controversy.
Reminder: A non-joinder of parties is not a ground for dismissal. Even if he is an indispensable party. When it
comes to the attention of the court that an indispensable party did not join or not impleaded, the court will then
issue an order requiring the plaintiff to implead him but if the plaintiff refuses to comply or implead that omitted
indispensable party, the case shall be dismissed. Exception is when the indispensable party need not to be
impleaded, in a class suit or a class action.

CLASS SUIT/ACTION
In a class action, all those who belong to a class, plaintiffs as a class or defendants as a class, are
indispensable parties but not all of them need to be impleaded or joined.
What are the requisites of a Class Suit/Action?
The action can be classified as a class action if the following are present:
1) The subject matter of the controversy must be of common or general interest to many persons.

- The interest of one shall not be separable to the interest of others because if it is separable from the
interest of the others involved, it is not considered as common or general interest.

2) The persons are too numerous that is impracticable to join all as parties.

3) The parties before the court are found by the court as numerous and representing so as to protect all
interests concerned.
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Example: In a big chunk of land, one day the land owner left and went to Melbourne. Upon his return, he
discovered his land has been subdivided into so many lots. Many people are now occupying the lands. The owner
decided to file a case against some of them who are occupying his land because he cannot mention all of them.
As so he alleged in his complaint that this is a class suit. The parties are too numerous that is impracticable to join
all as parties.
Question: Is this a class action?
Answer: No. The mere mention in the complaint that it is class suit does not mean it is automatically considered
as a class suit. The plaintiff must first comply with all the requisites for a class action.
The action against X will only apply to the lot he occupies, his interest is separable from the others. X has no
interest over the other properties, his interest is limited only on the property he occupies. Therefore, his interest
is identifiable and separable from all the others. As such, there is no community of interest over the subject matter.
All the people occupying the land must be included in the complaint as a joinder of parties because the right to
relief arose from the same transaction or event which is common to all of them. He can file a separate complaint
to every person who is occupying the land. He cannot make it as a class action. As in a class action, not everyone
can be sued but everyone will be affected because they belong to a class.

CASE: Dona Paz v. Caltex International

- The families of the victims through filing an action for damages against the company who owns the
vessel. The families of those who did not survive the tragedy, filed a case for damages for lost of earning capacity,
mental anguish, etc., it was later held that it is not a proper class action. Even if many are involved because it was
separable for the other claims were pertaining to different claims. There is no community of interest over the
subject matter of the controversy. As such it was not a proper class action.

TRANSFER OF INTEREST PENDENTE LITE

There is a pending case, the subject matter of the controversy can be a personal property, money or
anything,
APPLICATION
P claims he has interest over the property. D claims he has interest over the property. Now one of the parties
transfers the property to another party, X. Now you call this a transfer of property pendete lite.

PENDENTE LITE
- means while the litigation is pending or during the pendency of the litigation.

How may a party transfer the property pendente lite?

He may transfer by any mode of transfer like donation, assignment, sale, etc., He sells, he donates, he
conveys his interests to another person.
Transferor Pendete Lite
-the one making the transfer pendete lite.
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Transferee Pendete Lite

-the one receiving the property.

RULE: When a transfer pendete lite is made, it can continue or can be continued by and between the original
parties or the transferee may be substituted in place of the transferor or included as an additional party.
Example:
X replaces P. Now, X v. D
X joins P. Now, X and P v. D