Escolar Documentos
Profissional Documentos
Cultura Documentos
16
Notice of Death
Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)
(Municipality/City/Province)
METC/MTCC/MTC/MCTC
RTC
BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent
Counsel for
(name of party)
and filed this notice within thirty (30) days from such death.
3. The names, ages, and addresses of all the known legal heir/s or
representative/s of the deceased, are as follows:
page 1 of 3
NAME AGE ADDRESS
Proof of Service
A copy of this Notice was served upon:
Party/Counsels Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Notice as an Annex.
ORDER
The Court notes the death of and orders the following legal
(name)
heir/s/representative/s of the deceased to enter their appearance and substitute the
deceased:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
In the event that an executor or administrator has already been appointed, such
executor or administrator shall substitute the deceased.
The minors co-heirs are directed to appear before the Court at the hearing.
SPECIAL INSTRUCTIONS
** add the last paragraph, sec 16
DUTY OF COUNSEL
Whenever a party in a pending action dies, and the claim is not extinguished by such
death, the counsel of said party shall, within thirty (30) days from knowledge, inform the
court of the death, and furnish the court with the names and addresses of all known legal
heirs or representatives of the deceased. The failure of such counsel to comply with this
duty shall be a ground for disciplinary action.
The court shall order the heirs to substitute the deceased within a period of thirty (30)
days from notice of death. The court may appoint a guardian ad litem for the minor heirs
within the same period. Once appointed, an executor or administrator shall substitute the
deceased.
If despite notice, no heir or representative appears or is named by the counsel for the
deceased party, the court may order the estate to substitute for the deceased. (Rule 9.14)