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