G.R. No. and Date: G.R. No. L-7126, November 21, 1914

FACTS:
During the pendency of appellate proceedings before the Supreme Court, the death of the respondent-appellee, Pablo Danao, was suggested on the record. The Court, on January 8, 1913, issued an order granting the proper representatives of the deceased’s estate thirty days to appear and be made parties to the case. No representative appeared within the given period. Subsequently, counsel for the petitioner-appellant, Santiago D. Reyes, moved for the case to be set for hearing without further delay. The Court noted that its prior practice of suspending proceedings and waiting for representatives to appear voluntarily, or requiring the opposite party to secure the appointment of a legal representative, had not yielded satisfactory results.

ISSUE:
What is the proper procedure to be followed by the Supreme Court when a party dies during the pendency of appellate proceedings?

RULING:
The Supreme Court denied the motion of the appellant’s counsel, without prejudice to his right to proceed under the new additional rules it promulgated to govern such situations. The Court abandoned its prior unsatisfactory practice and established the following procedural rules:
1. Upon the death of a party, the deceased’s representatives may voluntarily appear and be admitted as parties. If they do not, the opposite party may suggest the death on the record with supporting evidence and move for an order. If the movant is the appellee and no representative appears within 90 days (subject to extension and after required newspaper publication), the appellate proceedings may be dismissed. If the movant is the appellant, they may be entitled to have the record opened and final judgment entered as justice requires. An exception exists if death occurs after the final submission of the case on appeal.
2. If there is satisfactory proof that there are proper representatives of the estate within the Philippines, the opposite party may move for an order requiring them to appear within 30 days from notice, with similar consequences for non-appearance.
3. If representatives do not appear within twelve months after a duly supported suggestion of death, and the opposite party takes no action to compel their appearance, the Court may, on its own motion, dismiss the proceedings or take other proper action.

The Court held that the appellant must proceed in conformity with these newly adopted rules.