This case has been cited 3 times or more.
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2010-09-01 |
CARPIO, J. |
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| If the case affects primarily and principally property and property rights, then it survives the death of the plaintiff or petitioner. In Sumaljag v. Literato,[9] we held that a Petition for Declaration of Nullity of Deed of Sale of Real Property is one relating to property and property rights, and therefore, survives the death of the petitioner. Accordingly, the instant case for annulment of sale of real property merits survival despite the death of petitioner Memoracion Z. Cruz. | |||||
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2009-09-04 |
CHICO-NAZARIO, J. |
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| We emphasize that the purpose behind Section 16, Rule 3 of the Revised Rules of Procedure is the protection of the right to due process of every party to a litigation who may be affected by the intervening death. The deceased litigant is himself or herself protected, as he/she continues to be properly represented in the suit through the duly appointed legal representative of his estate.[30] The spirit behind the general rule requiring a formal substitution of heirs is "not really because substitution of heirs is a jurisdictional requirement, but because non-compliance therewith results in the undeniable violation of the right to due process of those who, though not duly notified of the proceedings, are substantially affected by the decision rendered therein."[31] | |||||
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2009-07-30 |
PERALTA, 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 litigants are themselves protected as they continue to be properly represented in the suit through the duly appointed legal representative of their estate.[49] | |||||