Republic of the Philippines

COURT OF APPEALS
Manila

AMANDO M. GARCIA, SR.,

HERMELINA G. CO and
ELIZABETH L. MANALO,
Plaintiffs-appellees,

-versus- CA-G.R. CV NO. 118395

REMEGIO DELA CRUZ and all

persons claiming rights under him,
Defendant-Appellant.
x-----------------------------------------------------------------------------x

NOTICE OF DEATH OF PARTY

with MOTION FOR SUBSTITUTION

Undersigned counsel hereby gives the Honorable Court formal notice of

the death of defendant-appellant REMEGIO DELA CRUZ. Said defendant-
appellant passed away on August 8, 2021, as evidenced by the duplicate
original of his death certificate hereto attached as Annex “1”.

By way of Motion:

Since the instant action is not extinguished by the death of the defendant-
appellant, it is respectfully prayed that ISIDORA DELA CRUZ
ALEJANDRO, RESTY DELA CRUZ, LEONORA DELA CRUZ
TAÑEDO, FELIPE DELA CRUZ, NELSON DELA CRUZ and
JENNIFER DELA CRUZ DIZON, of legal ages, all Filipinos, and residents
of Inaon, Pulilan, Bulacan, in their personal capacities as the heirs of the
defendant-appellant, be substituted as party defendants in this case.

WHEREFORE, premises considered, it is respectfully request that:

1. That the Notice of Death of defendant-appellant be NOTED and deemed

substantial compliance with the requirement of the Rules of Court; and
2. That deceased Remegio Dela Cruz be substituted by his heirs namely:
ISIDORA DELA CRUZ ALEJANDRO, RESTY DELA CRUZ,
LEONORA DELA CRUZ TAÑEDO, FELIPE DELA CRUZ,
NELSON DELA CRUZ and JENNIFER DELA CRUZ DIZON.

Other reliefs just and equitable are likewise prayed for.

 2

City of Malolos, Bulacan, for Manila, November 2, 2022.

MARIA ELEANOR J. EUSEBIO-CRUZ

Counsel for Defendant-Appellant
Rm. 7 G/F HBCC Annex Building,
Capitol Compound, City of Malolos, Bulacan
Roll of Attorney’s No. 51316
IBP No. 183433/01-03-2022
PTR No. 6350036/01-04-2022
MCLE Compliance No. VI-0025914/04-29-2019
E-mail Address: gie.euz@gmail.com
Mobile No. (044) 797-5961

Copy furnished:

ATTY. LUZVIMINDA M. MAPALAD

Poblacion, Pulilan, Bulacan

Explanation:

Copy of this NOTICE OF DEATH with MOTION FOR

SUBSTITUTION was served upon the counsel for the plaintiffs-appellees by
registered mail, instead of personally, due to time and distance constraints and
lack of personnel to effect personal service.

MARIA ELEANOR J. EUSEBIO-

CRUZ