FLORENDO JR. VS. COLOMA G.R. No.

L-60544 May 19, 1984 FACTS: The issue in this petition is whether petitioners Florendos, heirs of Adela Salindon have the right to substitute the original petitioner Adela Salindon. The original case is about the ejectment case filed by Adela Salindon against William Va !ue and Silverio "icolas. The ejectment case originated from the Adela Salindon v. William Vasquez and Silverio Nicolas case where the court adjudged the Va !ue and "icolas as the owner of the land bought by Salindon with the #hilippines $omesite and $ousing %orporation. This was appealed by Salindon claiming that the parties are &s!uatters' and that the (T% has no jurisdiction over the matter as the same is within the #$$% (now NHA). )n *ecember ++, +,-., Salindon died. There was, however, no substitution of party/ hence Salindon continued to be the appellant in the appealed case. The deceased Salindon continued to be an adverse party. 0eanwhile, after Salindon1s death, her heirs settled her estate and the subject lot were transferred with a new Transfer %ertificate of Title to the petitioners. The petitioners challenge the proceeding in the %ourt of Appeals after the death of the plaintiff2 appellant Adela Salindon. They are of the opinion that since there was no legal representative substituted for Salindon after her death, the appellate court lost its jurisdiction over the case and conse!uently, the proceedings in the said court are null and void. ISS E: Whether or not the court lost its jurisdiction after the death of the original plaintiff Adela Salindon3 !ELD: NO. There is no dispute that an ejectment case survives the death of a party. The supervening death of plaintiff2appellant Salindon did not e4tinguish her civil personality 5(epublic v. 6agtas, . S%(A 787/ Vda. de $aberes v. %ourt of Appeals, +98 S%(A :;8<. Section +-, (ule ; of the (ules of %ourt provides= After a party dies and the claim is not thereby e4tinguished, the court shall order upon proper notice, the legal representative of the deceased to appear and to be substituted for the deceased within a period of thirty 5;9< days or within such time as may be granted ... Section +. of (ule ; provides= Whenever a party to a pending case dies ... it shall be the duty of his attorney to inform the court promptly of such death ... and to give the name and residence of the e4ecutor, administrator, guardian or other legal representative of the deceased >n the case at bar, Salindon1s counsel after her death on *ecember ++, +,-. failed to inform the court of Salindon1s death. The appellate court could not be e4pected to ?now or ta?e judicial notice of the death of Salindon without the proper manifestation from Salindon1s counsel. >n such a case and considering that the supervening death of appellant did not e4tinguish her civil personality/ the appellate court was well within its jurisdiction to proceed as it did with the case.