This case has been cited 2 times or more.
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2009-08-04 |
NACHURA, J. |
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| Non-substitution of the heirs of a deceased party is not jurisdictional. The rule on substitution by heirs is not a matter of jurisdiction, but a requirement of due process. It was designed to ensure that the deceased party would continue to be properly represented in the suit through his heirs or the duly appointed legal representative of his estate.[17] It is only when there is a denial of due process, as when the deceased is not represented by any legal representative or heir, that the court nullifies the trial proceedings and the resulting judgment therein.[18] | |||||
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2008-06-18 |
BRION, J. |
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| The purpose behind this rule is the protection of the right to due process of every party to the litigation who may be affected by the intervening death. The deceased litigant is herself or himself protected as he/she continues to be properly represented in the suit through the duly appointed legal representative of his estate.[15] | |||||