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Republic of the Philippines

REGIONAL TRIAL COURT


NATIONAL CAPITAL REGION
Paranaque City
Branch 257
ERICK F. ABAD,
Plaintiff,
-versus-

Civil Case No. 15-

322
FOR:

Damages

RENE T. GONZALES and


ERGONOMICS SYSTEMS
PHILS. INC.
Respondent.
x-----------------------------------------x

MANIFESTATION
WITH MOTION FOR SUBSTITUTION
COMES NOW, the undersigned counsel, unto this
Honorable Court respectfully manifests that:
1. On September 23, 2015, the plaintiff, ERIC ABAD, through
the undersigned counsel filed a complaint for Damages,
which was raffled to this Honorable Court;
2. On August 3, 2016, the Honorable Court scheduled the premarking of Exhibits as part of pre-trial;
3. However, just yesterday, the undersigned was informed that
the plaintiff died on July 10, 2016 after suffering from stroke;

4. Hence, pursuant to the Rules1, the undersigned regret to


notify this Honorable Court of the fact of such death, and
respectfully moves that his mother, LILIA DEL FIERRO
ABAD shall act as his legal representative and/or substitute
in relation to this case.
5. The legal representative and/or substitute, LILIA DEL
FIERRO ABAD is currently residing at 2A Papaya Westmont
Village, De. A. Santos Avenue, Sucat, Paraaque City, where
she may be served with summons, orders and other court
processes;

PRAYER

WHEREFORE, premises considered, it is most


respectfully prayed of this Honorable court to take
cognizance of this Manifestation with Motion of Substitution,
and an Order be issued for the substitution of LILIA DEL
FIERRO ABAD in place of the deceased plaintiff, ERICK F.
ABAD.

OTHER reliefs and remedies just and equitable are


equally prayed for.
Respectfully submitted.
Paraaque City, August 3, 2016.

1 Section 16, Rule 3 of the Rules of Court: Death of party; duty of counsel.

Whenever a party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the court within thirty
(30) days after such death of the fact thereof, and to give the name and address
of his legal representative or representatives. Failure of counsel to comply with
his duty shall be a ground for disciplinary action.The heirs of the deceased may be
allowed to be substituted for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint a guardian ad litem for the
minor heirs.
The court shall forthwith order said legal representative or representatives to appear
and be substituted within a period of thirty (30) days from notice. x x x

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COUNSEL FOR PLAINTIFF


_______________________
_______________________
_______________________

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NOTICE OF SUBMISSION
OFFICE OF THE CLERK OF COURT
RTC Branch 257
Paranaque City
Greetings:
Considering that the said Manifestation with Motion for
Substitution is non-litigious in nature, it is submitted to this
Honorable Court without need of further oral arguments.
_____________________________
Copy furnished:
________________________

EXPLANATION
Copies of the Pre-trial Brief were served by registered
mail due to time and distance constraints, and for lack of the
undersigneds staff who can serve the same in person.

_____________________________

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