MCF No. 3.

16
Notice of Death

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

 METC/MTCC/MTC/MCTC
 RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
 Lifetime
IBP No.  Date/Chapter
 Compliance
MCL  Exemption No
E .
Other Compliances
Counsel for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

NOTICE OF DEATH OF A PARTY

UNDER RULE 3.16

Counsel for
(name of party)

gives notice that the named party died on

(date)

as evidenced by the Certificate of Death attached as an annex.

1. Counsel learned of the death on

(date)

and filed this notice within thirty (30) days from such death.

2. The death has not extinguished the claim in this case.

3. The names, ages, and addresses of all the known legal heir/s or
representative/s of the deceased, are as follows:

page 1 of 3
 NAME AGE ADDRESS


(name and address)

is the  executor  administrator of the estate.

Proof of Service
A copy of this Notice was served upon:
Party/Counsel’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Notice as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER

The Court notes the death of and orders the following legal
(name)
heir/s/representative/s of the deceased to enter their appearance and substitute the
deceased:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

 through own counsel

 by retaining the counsel of the deceased

within thirty (30) days from notice.

Henceforth, the caption of this case shall reflect this substitution.

 In the event that an executor or administrator has already been appointed, such

NOTICE OF DEATH OF A PARTY page 2 of 3

executor or administrator shall substitute the deceased.

 As the heir/s is/are (a) minor/s, namely , set this case for

hearing on to enable the Court to determine who should
(date/time)
be appointed as guardian ad litem for such minor/s.

 The minor’s co-heirs are directed to appear before the Court at the hearing.

Presiding Judge Date

SPECIAL INSTRUCTIONS
** add the last paragraph, sec 16

COPIES TO BE FILED WITH THE COURT

An original of this Form must be filed with the Court together with such additional copies
equivalent to the number of parties in the case, to be used by the Court in sending out its
court order contained in the same Form.

DUTY OF COUNSEL
Whenever a party in a pending action dies, and the claim is not extinguished by such
death, the counsel of said party shall, within thirty (30) days from knowledge, inform the
court of the death, and furnish the court with the names and addresses of all known legal
heirs or representatives of the deceased. The failure of such counsel to comply with this
duty shall be a ground for disciplinary action.
The court shall order the heirs to substitute the deceased within a period of thirty (30)
days from notice of death. The court may appoint a guardian ad litem for the minor heirs
within the same period. Once appointed, an executor or administrator shall substitute the
deceased.
If despite notice, no heir or representative appears or is named by the counsel for the
deceased party, the court may order the estate to substitute for the deceased. (Rule 9.14)

NOTICE OF DEATH OF A PARTY page 3 of 3