G.R. No. 45264 ; August 22, 1936
ROSARIO DE LEON, petitioner-appellant, vs. BALBINA PASION, oppositor-appellee.

FACTS

Rosario de Leon filed an appeal in a special proceeding case. During the pendency of the appeal, she died. The intestate proceedings for her estate were closed, the administratrix was discharged, and the estate was distributed to her lawful heirs. The appellee, Balbina Pasion, moved to dismiss the appeal, arguing that Rosario de Leon died before the appeal was presented, her administratrix did not prosecute it, and the appeal bond was defective.

ISSUE

1. Whether the appeal should be dismissed due to the death of the appellant, Rosario de Leon, and the failure of her administratrix to prosecute the appeal.
2. Whether the heirs of Rosario de Leon may substitute as parties and continue the appeal.

RULING

1. No, the appeal should not be dismissed. The appeal was perfected when the appeal bond was approved. The record on appeal was filed within the prescribed period. Any defect in the appeal bond can be cured and is not a ground for dismissal.
2. Yes, the heirs may substitute as parties. Under the Rules of Courts of First Instance, the phrase “or other legal representative of the deceased” includes the legal heirs, especially since the estate administration was already closed and the heirs’ rights vested immediately upon death. The heirs, as persons legally interested in the judgment, have the right to prosecute the appeal. The Court ordered the case title amended to substitute the heirs for the deceased appellant and for the appeal to proceed.

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