3.
If the case is not dismissed by the death of the party and the
RULES APPLICABLE WHEN A PARTY TO A CIVIL CASE DIES
Q: What happens when a party dies in civil case?
1. Distinguish first as to whether or not the action is extinguished
upon the death of a party.
GR: When a party dies, the action is not generally extinguished
o Ex: contractual money claim, action to recover real or
personal property, action to enforce lien, action to recover
damages
EXPN: Claims extinguished by death purely personal to either of
the parties.
o Ex: Legal separation, annulment of marriage, declaration
of nullity, support
2. Determine whether or not the rules on substitution apply.
1. CONTRACTUAL MONEY CLAIMS - There is no need to comply
with rules on substitution. Sec. 20, Rule 3 applies.
o If it is the plaintiff who dies the case will continue
and the heirs or legal representatives will proceed
The judgment favorable to the plaintiff shall be
filed as a money claim against the estate of the
defendant under Rule 86
o If it is the defendant who dies:
If the death occurred before entry of judgment
the case is not dismissed
If the death occurred after entry of judgment
Substitution of parties may arise
o Section 20, Rule 3. Action and contractual money claims.
When the action is for recovery of money arising
from contract, express or implied, and the defendant
dies before entry of final judgment in the court in which
the action was pending at the time of such death, it shall
not be dismissed but shall instead be allowed to
continue until entry of final judgment. A favorable
judgment obtained by the plaintiff therein shall be
enforced in the manner especially provided in these Rules
for prosecuting claims against the estate of a deceased
person
2. NON-CONTRACTUAL MONEY CLAIMS Apply the rules on
substitution
Nudibranch
case does not fall under Sec. 20 Rule 3, apply the rules on
substitution under Sec. 16, Rule 3.
DUTY OF THE COUNSEL: The counsel has the duty to inform the
court of the death of the client and to give designate a legal
representative for the deceased otherwise, he may be liable for
disciplinary action
o Purpose of informing the court of death of a party and the
appointment of a legal representative: protect rights of
parties, especially the heirs, to due process since they are
the ones who will represent the estate of the deceased
EFFECT IF THERE ARE NO LEGAL REPRESENTATIVES: If there
is no legal representative named by the counsel, or if he fails to
appear before the court, the court has the discretion to order the
opposing party to procure the appointment of an administrator or
executor for the deceased, and the latter shall appear for the
deceased
o The court itself has no authority to order the appointment
of the administrator or executor. Reason: the court has no
jurisdiction for the appointment of an executor or
administrator because this must be determined by the
court where the settlement of the estate, a special
proceeding independent of the civil action, is tried.
Otherwise, the court will violate the rules on jurisdiction
under BP 129
Effect of non-compliance with the rules on substitution of
parties: renders the proceedings and judgment null and void
because the court has not acquired jurisdiction over the case
o Note: formal substitution is not necessary when the heirs
themselves voluntarily appear in the action, participate
therein and present evidence. The courts jurisdiction to
the case subsists despite the death of a party
Section 16, Rule 3. 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:
o 1. To inform the court within 30 days after such death of
the fact of the death of his client, and
o 2. To give the name and address of his legal
representative/s.
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.
1
 The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of
thirty 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
Upon receipt of the notice of death, the court shall determine
whether or not the claim is extinguished by death of a party. If it
survives, then the legal representatives will be ordered to appear
and substitute the deceased
Rule when the party is a public officer:
Section 17, Rule 3. Death or separation of a party who is a public
officer. When a public officer is a party in an action in his official
capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action may be continued and maintained
by or against his successor if, within thirty (30) days after the
successor takes office or such time as may be granted by the
court, it is satisfactorily shown to the court by any party that there
is a substantial need for continuing or maintaining it and that the
successor adopts or continues or threatens to adopt or continue to
adopt or continue the action of his predecessor. Before a
substitution is made, the party or officer to be affected, unless
expressly assenting thereto, shall be given reasonable notice of
the application therefor and accorded an opportunity to be heard.
3. When necessary under the rules on substitution, the opposing
party must comply with the order of the court to procure an
administrator or executor.
Q: Who will commence the independent proceeding for the
settlement of the estate if there is none yet instituted?
o If the heirs have not yet instituted the settlement
proceeding under Rule 73, it is the opposing party. If he is
adamant in pursuing the case despite the death of his
opponent and the absence of a substitute, he must
institute the settlement proceedings and must pay from
his own pocket the necessary docket fees so that he can
petition the court for the appointment of an administrator
or executor.
The personality of the opposing party in the
settlement proceedings is for the purpose of
Executor
Nudibranch
procuring the appointment of the administrator or
executor approved by the settlement court
Q: Where to file the petition?
o It depends upon the gross value of the estate
Exceeding 300,000/400,000 RTC
Not exceeding 300,000/400,000 MTC
o This is why we said earlier that if the court trying the civil
action will appoint the administrator or executor, there will
be a violation on the rules on jurisdiction because it is the
probate court which has jurisdiction (depending upon the
gross value of the estate) to appoint the administrator or
executor
Q: What is meant by procuring the appointment of the
deceased party?
o He shall commence special proceedings for appointment.
This is effected by issuance of letter of administration. He
may even ask that he be appointed as the administrator of
the estate. The settlement court that has jurisdiction over
the estate will determine whether he may be appointed.
The estate as administered by the plaintiff will be
substituted as defendant in the civil case.
Q: How is an administrator/executor appointed?
o File a petition for issuance of letters of administration or
letters testamentary under Rule 78 which is a special
proceeding
o Letters Testamentary - It is the appointment issued by
a probate court AFTER a will is admitted to probate, to the
executor named in the will, provided: (CAB)
The executor named is competent
He accepts the trust
He gives a bond
o Letters of Administration - An authority issued by the
court to a competent person to administer the estate of
the deceased who died intestate. It may be issued:
1. If no executor is named in the will, or
2. If the executor/s are incompetent,
3. If the executor/s refuse the trust,
4. If the executor/s fails to give bond, or
5. A person dies intestate
Q: Who can administer the estate?
o Any competent person may serve as Executor or
Administrator. Even a creditor may be appointed by the
court if he is competent and willing
Q: What is the difference between an executor and an
administrator
Administrator
2
He is the person nominated by
the testator to carry out the
directions and requests in his will
and to dispose of his property
according to the testamentary
provisions after his death
He is the person appointed by o Yes. The opposing party himself can even be the
the court in case: administrator
1. The T did not appoint an Q: Can the administrator or executor refuse to appear once
executor or the T did he is appointed as the substitute?
appoint an executor but o No. It is his duty to represent the estate. This puts an end
the latter refused to necessity of substitution. The trial can now continue.
o Q: What happens if he refuses to appear?
appointment or is
incapacitated Q: Will the estate represent the deceased?
(administrator with a o No it is only an artificial person who cannot substitute the
will annexed) or deceased. It must be represented through the
2. The decedent did not make administrator or executor.
a will or he did make a will Q: In sum, who may represent the deceased?
but the same was disallowed o Legal representative named by the counsel to substitute
(regular or special the deceased
o Upon order of the court, the administrator or executor
administrator in case of
appointed in a special proceeding filed by the opposing
intestate succession)
party

Q: If there is a will and the testator appoints the
administrator or executor, will the testators appointment
be the one controlling?
o No, In a last will, the testator merely nominates, but the
Court will be the one to decide if the appointment is
proper.
Q: What happens if the opposing party really cannot obtain
the appointment?
o If there is non-compliance with the rule on substitution, it
renders the proceedings of the trial court infirm. The
reason is that the court cannot acquire jurisdiction over
the legal representatives. No man should be affected by a
proceeding to which he is a stranger.
Q: What will the court do? Does Rule 3 give a possible
result if there is no appointment?
o No, Rule 3 does not give such contingency. In practice, the
court will archive the case. This means that it will still be in
the docket and it is subject to revival. Otherwise, if the
case will be permitted to continue, it may violate the
rights of the other party. May it be revived? If plaintiff-
creditor is the one who dies, the debtor has a better
incentive of non-substitution so he will not anymore seek
substitution to revive the case. If plaintiff-debtor dies, then
creditor must seek substitution if he still wants to revive
the case.
Q: If the opposing party procures letters of administration,
is the defect cured?
4. If the plaintiff wins in an action where the defendant died,
determine whether or not he may execute the judgment
Q: Is execution of final judgment the proper remedy to
enforce payment in a civil case?
o Under Rule 39:
o In case of the death of the judgment-creditor:
EXECUTION WILL ISSUE in any case upon application of his
executor or administrator, or successor in interest;
o In case of death of the judgment-debtor:
If after a decision, the decedent dies before a
levy on execution is effected against his property:
The judgment MAY BE EXECUTED if the
action is for the recovery of real or
personal property or any lien thereon
The judgment can NO LONGER BE
EXECUTED if the action is for the
recovery of a sum of money. The winner
must file a money claim against the
estate with the probate court under Rule
86
If the decedent dies after levy, the judgment
MAY BE EXECUTED, regardless if the action is for
recovery of real/personal property or for recovery
of sum of money. The property may be sold to
satisfy the judgment debt and the officer making
the sale shall account to the executor or
administrator for any surplus in his hands

Nudibranch 3
 Reason: after a valid levy, the property is
already separated from the estate of the
deceased and is deemed in custodia legis
o Section 7, Rule 39. Execution in case of death of party.
In case of the death of a party, execution may issue or be
enforced in the following manner:
(a) In case of the death of the judgment obligee, upon the
application of his executor or administrator, or successor
in interest;
(b) In case of the death of the judgment obligor, against
his executor or administrator or successor in interest, if
the judgment be for the recovery of real or personal
property, or the enforcement of a lien thereon;
(c) In case of the death of the judgment obligor, after
execution is actually levied upon any of his property, the
same may be sold for the satisfaction of the judgment
obligation, and the officer making the sale shall account to
the corresponding executor or administrator for any
surplus in his hands.
5. If he cannot execute the judgment, the plaintiff who won must
file a claim against the estate under Rule 86
Q: If the creditor won the case, can he compel the
administrator to pay?
o No. The rules for prosecuting claims against the estate of
the deceased is under section 20, Rule 3. He must still
submit a claim to the settlement court wherein the
executor or administrator can resist such claim
Nudibranch
Q: Is there now an abandonment of Civil Procedure
considering that under Rule 39, it provides that when there
is a final judgment already, it will be the ministerial duty
now for the court to execute the judgment?
o Yes. It is a well-settled principle that no court can issue a
writ of execution against the estate of a deceased person
in order to satisfy a claim against the deceased. So we can
assure the winning party that the settlement court may
approve the claim but the amount that he may recover is
not certain as well as the time he may receive the same. It
will all depend if the assets of the obligation can
accommodate all the debts of the deceased subject to the
rule on preference and concurrence of credits.
Q: Assuming the creditor won the case. Can he run after
the executor or administrator?
o No, not in the original case. He can recover by making a
claim in the settlement case.
Q: Can the executor or administrator give certainty as to
full recovery of the debt?
o No. Section 20 provides: a favorable judgment obtained by
the plaintiff shall be enforced in the manner especially
provided in these Rules for prosecuting claims against the
estate of a deceased person. There is no certainty that the
creditor can have full recovery. Rule 88 provides for the
order of preference as to how the claims should be
satisfied
4