Laws & Jurisprudence
DEATH OF PARTY LITIGANT
5:36 AM
Death of a party upon a pending action (civil case) has the following effect:
1. Purely personal – the death of either of the parties extinguishes the claim and the action is dismissed.
2. Not purely personal – claim is not extinguished and the party should be substituted by his heirs, executor or administrator. In case of minor heirs, the court may appoint a guardian ad litem for them.
3. Action for recovery of money arising from contract and the defendant dies before entry of final judgment – it shall not be dismissed but instead shall be allowed to continue until entry of judgment. A favorable judgment obtained by the plaintiff shall be enforced in the manner provided in the rules for prosecuting claims against the estate of a deceased person. (Sec. 20, Rule 3 Rules of Court)
The substitute defendant need not be summoned. The order of substitution shall be served upon the parties substituted for the court to acquire jurisdiction over the substitute party. (Riano, Civil Procedure: A Restatement for the Bar, p. 232, 2009 ed.) If there is notice of death, the court should await appointment of legal representative; otherwise, subsequent proceedings are void.
In criminal cases, death of the accused has the following effects:
1. If before final judgment – his death extinguishes both his criminal and civil liabilities.
2. If while the case is on appeal – case on appeal will be dismissed. Offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art. 1157 Civil Code.
However, civil liability arising from sources other than the crime committed survives and may be pursued in a separate civil action. (People v. Bayotas, G.R. no. 152007, Sept. 2, 1994)
Extinguishment of criminal liability is a ground for motion to quash. The death of the offended party however does not extinguish criminal liability of the accused because it is a crime against the State.
Effect of death of the accused on the civil aspect of the case:
If the accused died:
1. After arraignment and during the pendency of the criminal action - the civil liability of the accused based on the crime is extinguished.
Exception:
a. Independent civil action based on Arts. 32 33, 34 and 2176 of the Civil Code; and
b. Civil liability predicated on other sources of obligations, i.e. law, contract, and quasi-contract, which is subsequently instituted;
2. Before arraignment – the offended party may file the civil action against the estate of the deceased (Sec. 4).
3. Pending appeal
a. Civil liability arising from the crime is extinguished
b. Civil liability predicated from another source survives i.e. civil liability arising from law, contracts, quasi-contract and quasi-delict.
It must be noted that:
1. In nos. 1 and 3(b), the civil action may be continued against the estate or legal representative of the accused after proper substitution, as the case may be (Sec. 4, Rule 111 Rules of Court).
2. Where the civil liability survives, it may be pursued by the filing of a separate civil action unless otherwise waived, reserved or instituted prior to the institution of the criminal action (Herrera, Vol. IV, p. 257, 2007 ed.).
After final appeal, death of the accused has the following effects:
Pecuniary liabilities of the accused are not extinguished. Claims shall be filed against the estate of the accused (Rule 86).
However, the independent civil action instituted under Section 3 of this Rule (111) or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution, or against said estate, as the case may be.
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.
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