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The Supreme Court decides: When a party dies and no heir is willing to substitute them in the case, the appeal can be denied without passing upon the substantive issues of the case, as any disposition on the merits of the case ceases to have any practical value.

The case of Raymond Ang vs. Corazon Ang Sy and Belen Ang Casimiro (G.R. No. 234631, December 03, 2023)

Photo from Unsplash | Maria Krasnova


The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 


AT A GLANCE:

Recognizing these developments and the lack of a substitute party for Raymond, the Supreme Court noted that without his participation or that of his heirs, any decision on the case’s merits would be moot. Therefore, the Court granted the respondents’ Motion for Dismissal of Appeal, denying the Petition for Review without addressing the substantive issues raised.


 

Vicente Ang and Anita Ang were buried at the Chinese Cemetery in Manila according to Anita’s decision after their deaths in 1964 and 1979, respectively. In 2005, respondents Corazon Ang Sy and Belen Ang Casimiro, their descendants, sought to exhume their remains for cremation and re-interment at Santuario de San Antonio in Makati City. However, objections from other family members, including Caesar Ang, Jr., Ernesto Ang, and petitioner Raymond Ang, prevented the exhumation scheduled for October 12, 2005, which was opposed by the Philippine Chinese Charitable Association, Inc., the cemetery’s owner.

In 2008, Corazon and Belen filed a Petition for Writ of Mandatory Injunction with Damages, invoking Article 308 of the New Civil Code, which requires consent from specified persons for the exhumation or interment of human remains. The case proceeded, but during its pendency, Raymond Ang passed away. His counsel confirmed that Raymond’s heirs did not wish to substitute him as a party.

Recognizing these developments and the lack of a substitute party for Raymond, the Supreme Court noted that without his participation or that of his heirs, any decision on the case’s merits would be moot. Therefore, the Court granted the respondents’ Motion for Dismissal of Appeal, denying the Petition for Review without addressing the substantive issues raised.

The Supreme Court ruled that when a party dies and no heir is willing to substitute them in the case, the appeal can be denied without passing upon the substantive issues of the case, as any disposition on the merits of the case ceases to have ant practical value. 

 

 

Source:

Raymond Ang v. Corazon Ang Sy and Belen Ang Casimiro, G.R. No. 234631, December 03, 2023

 

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207/ 09778050020.

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