EFFECT OF DEATH OF PARTY IN A CIVIL ACTION

ACTIONS WHICH
DO NOT
SURVIVE *

DISMISSED
NONCONTRACTU
AL MONEY

DEATH

SUBSTITUTION

ACTIONS WHICH
SURVIVES

CONTRACTUAL
MONEY
CLAIMS

PLAINTIFF DIES

SUBSTITUTION

DEFENDANT
DIES

BEFORE ENTRY OF
FINAL

- Allow to continue until

entry of final judgment
(Section 20, Rule 3)
- FILE THE JUDGMENT AS A
CLAIM AGAINST THE
ESTATE of the deceased
(Section 5, Rule 86)

LEGEND
* SUPPORT, ANNULMENT OF MARRIAGE, LEGAL
SEPARATION
** REPLEVIN, FORCIBLE ENTRY, UNLAWFUL
DETAINER, ACCION PUBLICIANA, ACCION
REINVIDICATORIA, FORECLOSURE OF MORTGAGE
(SECTION 7, RULE 86) RECOVERY OF PROPERTY
OR INTEREST THEREIN, TORTS [CULPA AQUILIANA]
(SECTION 1, RULE 87)

AFTER ENTRY OF
JUDGMENT, BUT
BEFORE
EXECUTION

FILE THE JUDGMENT AS A

CLAIM AGAINST THE
ESTATE of the deceased
(Section 5, Rule 86)

AFTER LEVY ON
EXECUTION,
BUT BEFORE
AUCTION SALE

PUBLIC AUCTION SHALL

PROCEED AS SCHEDULE
(Section 7[c], Rule 39)