SANTIAGO D. REYES, PETITIONER AND APPELLANT, VS. PABLO DANAO, RESPONDENT AND APPELLEE.

“The death of the appellee in these proceedings having been suggested on the
record, This court, on the 8th of January, 1913, issued an order giving the
proper representatives of the estate of the deceased, if any there be, thirty
days within which to appear and have themselves made parties to the
proceedings.

No action has yet been taken by the interested parties, and counsel for
appellant now prays that the case be set down for hearing without further
delay.

The practice heretofore adopted in this court, in cases where the death of a
party has been suggested on the record, has been to suspend the proceedings; to
give the proper representatives of the estate of the deceased a reasonable time
within which to present themselves voluntarily and to be made parties on proper
proof of their right of representation ; and in the event that no such voluntary
appearance is entered, to require the opposite party to secure the appointment
of a legal representative of the estate of the deceased and to require such
legal representative, when appointed, to appear and become a party to the
proceedings.

Experience has demonstrated that this procedure has not given satisfactory
results, and after due consideration, the court has this day adopted the
following additional rules touching proceedings in cases wherein the death of a
party is suggested on the record.

“Additional rules of the Supreme Court touching proceedings in eases
wherein the death of a party is suggested on the record.

“1. Whenever, “pending appellate proceedings in this court, either party
shall die, the proper representatives of the deceased person may voluntarily
come in and be admitted parties to the proceedings, and thereupon .the
proceedings shall be heard and determined as in other cases; and if such
representatives shall not voluntarily become parties, then the other party may
suggest the death on the record, accompanying the suggestion with evidence, by
affidavit or otherwise, satisfactorily establishing the death, and may on motion
obtain an order that unless such representatives shall become parties within
ninety days there-after, the party moving for such order, if he be the appellee,
shall be entitled to have the appellate proceedings dismissed; and if the party
so moving shall be the appellant, he shall be entitled, on motion, to open the
record, and on hearing to have final judgment entered, disposing of the
appellate proceedings as justice may require under all the circumstances of the
case.

“Provided, however, That the court may, in the interests
of justice, extend the time thus allowed for the appearance of such
representatives; and

“Provided further, That a copy of every such order shall be printed
by the moving party, in some newspaper of general circulation throughout the
Philippine Islands, previously designated by the clerk of this court, once a
week for four successive weeks, the cost of such publication to be taxed in like
manner as are the costs in other cases; and,

“Provided further, That should it appear that the death occurred
after final submission of the case on appeal, the proceedings will not be
suspended, unless upon the suggestion of the death on the record it appears that
in the, interests of justice an opportunity should be extended the proper
representatives of the deceased to come in and be admitted as parties to the
proceedings.

“2. Upon the suggestion on the record of the death of a party, pending
appellate proceedings in this court, and upon satisfactory proof that there are
proper representatives of the estate of the deceased within the Philippine
Islands, the opposite party may, on motion, obtain an order that, unless such
representatives shall make themselves parties within thirty days from notice of
such order, the moving party, if he shall be the appellee, shall be entitled to
have the proceedings dismissed, and if he shall be the appellant, shall be
entitled to open the record, and on hearing, have final judgment entered,
disposing of the proceedings as justice may require under all the circumstances
of the case.

“3. When the death of a party is suggested on the record, supported by
satisfactory proof of the death, and the representatives of the deceased do not
appear within twelve months thereafter, and no measures are taken by the
opposite party within that time to compel their appearance, the court may, on
its own motion, dismiss the proceedings, or take such other action as may be
deemed proper in the premises.”

The motion of counsel for appellant is denied, without prejudice to his right
to proceed in conformity with the additional rules of court just adopted, which
prescribe the appropriate procedure applicable to these proceedings in the
status in which we now find them.

Arellano, C. J., Torres, Johnson, Moreland, Trent, and Araullo,
JJ., concur.