In Philippine remedial law, the death of a party during the pendency of a case—or before a case is filed—presents a critical procedural crossroad. The determination of whether an action survives or is extinguished is governed by the Nature of the Right involved.
Under the Rules of Court, specifically Rule 86 (Claims Against Estate) in relation to Rule 3, Section 16 (Substitution of Parties), the law distinguishes between actions that are purely personal and those that involve property or liability that should be borne by the estate of the deceased.
The General Rule: Survival vs. Extinction
The primary test to determine if an action survives is whether the right or liability is purely personal or property-based.
- Actions that Survive: Those involving property rights, recovery of real or personal property, enforcement of liens, and claims arising from contract (expressed or implied).
- Actions that do NOT Survive: Those where the death of the party renders the case moot because the right involved is strictly personal (e.g., legal separation, support, or crimes where the penalty is purely personal).
Claims to be Filed Under Rule 86
Rule 86 specifically deals with Claims Against the Estate. When a person dies and a petition for the settlement of their estate is filed, the court issues a "Notice to Creditors." This triggers the period for filing claims.
1. Money Claims Arising from Contract
Section 5 of Rule 86 provides that all money claims against the decedent arising from contract, express or implied, whether the same be due, not due, or contingent, must be filed within the period limited in the notice.
- Contractual Debts: If the deceased owed money based on a loan, a sale, or a lease, these claims must be filed against the estate.
- The Statute of Non-Claims: Claims must be filed within the time fixed in the notice, which is usually not less than six (6) months nor more than twelve (12) months after the first publication. Failure to file within this period generally bars the claim forever.
2. Funeral Expenses and Last Sickness
Expenses for the funeral and the expenses of the last sickness of the decedent are likewise considered money claims that survive and are chargeable against the estate.
3. Judgments for Money
If a judgment for money was rendered against the decedent during their lifetime, it must be filed as a claim against the estate under Rule 86, rather than being enforced by a writ of execution.
Actions for Recovery of Property (Rule 87)
While Rule 86 focuses on money claims, Rule 87 governs actions that may be brought directly against the executor or administrator. These are actions that survive the death of the party but are not necessarily filed as "claims" in the summary sense of Rule 86:
- Recovery of Real or Personal Property: Actions to recover the possession of land or to enforce a lien thereon.
- Actions for Damages to Property: If the deceased, during their lifetime, caused damage to the property of another, the action survives against their estate.
Procedural Impact: Rule 3, Section 16
When a party to a pending action dies and the claim is not thereby extinguished (i.e., it is a surviving action), the following procedure under Rule 3, Section 16 must be followed:
- Duty of Counsel: The lawyer must inform the court of the death within thirty (30) days and provide the name and address of the legal representative (executor, administrator, or heirs).
- Substitution: The court will order the legal representative or the heirs to appear and be substituted for the deceased.
- Transfer to Estate Proceedings: If the action is for recovery of money arising from contract and the defendant dies before entry of final judgment in the court of first instance, the case shall not be dismissed. Instead, it shall continue until entry of final judgment. However, a favorable judgment for the plaintiff will then be enforced as a claim under Rule 86.
Key Jurisprudential Distinctions
The "Personal" Exception
If the action is for purely personal injury (e.g., an action for libel or an action for legal separation), the death of the defendant usually results in the dismissal of the case. In these instances, the "wrong" is considered to have died with the person.
Contingent Claims
Under Rule 86, even contingent claims—those which depend upon some future event that may or may not happen—must be filed against the estate. This ensures that the distribution of the estate's assets considers all potential liabilities.
Summary Table: Survival of Actions
| Type of Action | Status | Legal Basis |
|---|---|---|
| Money claims (Contractual) | Survives | Rule 86, Sec. 5 |
| Recovery of Real Property | Survives | Rule 87, Sec. 1 |
| Recovery of Personal Property | Survives | Rule 87, Sec. 1 |
| Enforcement of Liens | Survives | Rule 87, Sec. 1 |
| Purely Personal Rights | Extinguished | Jurisprudence / Civil Code |
| Criminal Liability (Fine/Pecuniary) | Extinguished* | Art. 89, Revised Penal Code |
Note: While criminal liability is extinguished, the civil liability may survive if it is based on a source of obligation other than the delict (e.g., contract or law).