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Heirs of Mayor Nemencio Galvez vs .CA, et al.

HEIRS OF MAYOR NEMENCIO GALVEZ, petitioners, vs. COURT OF APPEALS, RTC OF BULACAN, BR. 9, THE PROVINCIAL SHERIFF FOR BULACAN, AMPARO SAN GABRIEL MENDOZA and THE REGISTER OF DEEDS OF BULACAN (Guiguinto) and ANDRES MANUEL, respondents.

G.R. No. 119193 | 1996-03-29

HERMOSISIMA, JR., J.:


At least two primordial issues are posed by the herein petition for review on certiorari: (1) Whether a money judgment rendered by a Court in a case for Mandamus and Prohibition is valid or not, the defendant, a Municipal Mayor, (a) having died during trial and before judgment could be rendered, and (b) after the defendant mayor and all the other respondents ceased to hold office, without the substitution of parties provided for in Section 18, Rule 3, of the Rules of Court; and (2) Whether the said money judgment against the said deceased defendant mayor, assuming that the case has survived against him, can be...