This case has been cited 1 times or more.
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2003-01-31 |
CARPIO, J. |
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| In the instant case, it is true that the trial court, after receiving a notice of Glicerio's death, failed to order the appearance of his legal representative or heirs. Instead, the trial court issued an Order merely admitting respondents' motion for substitution. There was no court order for Glicerio's legal representative to appear, nor did any such legal representative ever appear in court to be substituted for Glicerio. Neither did the respondents ever procure the appointment of such legal representative, nor did Glicerio's heirs ever ask to be substituted for Glicerio. Clearly, the trial court failed to observe the proper procedure in substituting Glicerio. As a result, contrary to the Court of Appeals' decision, no valid substitution transpired in the present case.[21] | |||||