Reyes v. Danao
REITERATIONFacts
The Antecedents: The death of the appellee, Pablo Danao, was suggested on the record during the pendency of the appellate proceedings in the Supreme Court. Procedural History: The Supreme Court issued an order on January 8, 1913, giving the proper representatives of the deceased appellee thirty days to appear and be made parties to the proceedings. No action was taken by the interested parties. The Appeal: Counsel for the appellant then prayed that the case be set down for hearing without further delay. The Court noted that its previous practice in such cases had not yielded satisfactory results and, after due consideration, adopted additional rules to govern proceedings where a party dies pending appellate proceedings.
Issue(s)
Whether the Supreme Court should proceed with the hearing of the case without the legal representatives of the deceased appellee being made parties. What is the proper procedure to be followed when a party dies during appellate proceedings.
Ruling
The motion of counsel for the appellant was denied, without prejudice to his right to proceed in conformity with the additional rules of court just adopted, which prescribe the appropriate procedure applicable to these proceedings in their current status.
Ratio Decidendi
On Issue 1: The Court denied the appellant's motion to proceed without the legal representatives of the deceased appellee being made parties. The Court emphasized that its previous practice had not been satisfactory and that new rules had been adopted to address such situations. The denial was without prejudice to the appellant's right to follow the newly prescribed procedure. On Issue 2: The Court adopted additional rules to govern proceedings where a party dies pending appellate proceedings. These rules stipulate that proper representatives may voluntarily appear. If they do not, the other party may suggest the death and move for an order requiring the representatives to appear within ninety days. If the moving party is the appellant, they can move for an open record and final judgment. The rules also mandate publication of such orders in newspapers of general circulation and allow the Court to extend time in the interest of justice. Furthermore, if representatives do not appear within twelve months and no action is taken by the opposite party, the Court may dismiss the proceedings on its own motion.
Main Doctrine
When a party dies during appellate proceedings, the Supreme Court has adopted specific rules to ensure the orderly continuation of the case. These rules allow for the voluntary appearance of the deceased's representatives or, upon motion, compel their appearance within a specified period, with provisions for dismissal or judgment if they fail to do so. Crucially, these orders must be published in newspapers of general circulation to provide constructive notice, and the Court retains discretion to extend time in the interest of justice.