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THE HEIRS OF THE LATE TOPIC: RULE 3, SEC.

13-19
FLORENTINA NUGUID VDA. DE
HABERER vs. CA

MAY 26, 1981


PETITION FOR REVIEW ON CERTIORARI (RULE 45)
PETITIONER: THE HEIRS OF THE LATE FLORENTINA NUGID VDA. DE HABERER
RESPONDENTS: CA, et al (private respondents)
FACTS: Vda. de Haberer alleges that Rs surreptitiously entered the land and built their
houses on a parcel of land owned by and registered in her name.

PETITIONER COURT RESPONDENT


(Vda.) 11 COMPLAINTS
FOR RECOVERY OF CFI RIZAL:
POSSESSION DISMISSED

MOTION FOR NEW TRIAL


(*note: not explicitly stated)
CFI RIZAL:
Ground: newly discovered
REVIVED EARLIER DECISION
evidence

CA:
APPEAL
DISMISSED
(Out of time)

SC:
GRANTED
APPEAL
REINSTATE CASE;
CASE REMANDED TO CA

MOTION TO SET ASIDE


MOTION FOR EXTENSION CA:
ORDER GRANTING
OF TIME TO FILE GRANTED EXTENSION
EXTENSION OF TIME TO
APPELLANT’S BRIEF (90 days)
FILE BRIEF
Vda. de Haberer died; Her counsel gave CA notice of her death to the CA
MOTION TO DISMISS
Ground: failure to
MOTION TO SUSPEND
prosecute
RUNNING OF THE CA:
(Deceased’s lawyers no longer
PERIOD WITHIN WHICH (NO ACTION)
had legal standing as the
TO FILE BRIEF
death of their client
terminated client-atty rel’p)
2 MORE MOTIONS FOR
EXTENSION OR
CA:
SUSPENSION OF THE
DENIED EXTENSION;
RUNNING OF THE
DISMISSED APPEAL
PERIOD WITHIN WHICH
TO FILE BRIEF
MR CA:
DENIED
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THE HEIRS OF THE LATE TOPIC: RULE 3, SEC. 13-19
FLORENTINA NUGUID VDA. DE
HABERER vs. CA

PETITION FOR REVIEW SC:


ON CERTIORARI GRANTED; P’S BRIEF
ORDERED ADMITTED

RATIO:
1. Section 17, Rule 3, Rules of Court on substitution of parties in case of death of any of the
parties
 Upon proper notice to the court of a party’s death and the claim is not extinguished,
the court shall order the legal representative of the deceased to appear within a
period of 30 days or such time as it may grant; failing which, the court is called upon
to order the opposing party to procure the appointment of a legal representative of
the deceased at the cost of the deceased’s estate
 Here, no administrator of the estate of the deceased had yet been appointed; hence,
deceased’s counsel’s motion for the suspension of the running of the reglementary
period was well-taken
2. CA erred in dismissing the deceased’s appeal, who had yet to be substituted
 Jurisprudence: when a party dies in an action that survives and no order is issued by
the court for the appearance of the legal representative or of the heirs of the deceased
in substitution of the deceased, the trial and the judgment rendered are null and
void because the court acquired no jurisdiction over the persons of the legal
representatives or of the heirs.
3. Due to the death of Vda. de Haberer and the severance of attorney-client relationship, the
running of the original period for the filing of the appellant’s brief should be legally deemed
as having been automatically suspended, until the proper substitution of the deceased shall
have been effected within the time set by the court
4. A liberal adherence to the Rules was applied by the Court based on justice and equity
5. Manifestation and authority given by heirs and/or legal representatives of the deceased to
the counsels, and submitted to the Court, deemed the formal substitution of the deceased by
their heirs

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