2000 Bar: Is the death of PJ a valid ground to dismiss the money claim of Atty. ST in Civil Case No. 456? Explain. (2%)


2000 Bar: PJ engaged the services of Atty. ST to represent him in a civil case filed by OP against him which was docketed as Civil Case No. 123. A retainership agreement was executed between PJ and Atty. ST whereby PJ promised to pay Atty. ST a retainer sum of P24,000.00 a year and to transfer ownership of a parcel of land to Atty. ST after presentation of PJ‘s evidence. PJ did not comply with his undertaking. Atty. ST filed a case against PJ which was docketed as Civil Case No. 456. During the trial of Civil Case No. 456, PJ died. Is the death of PJ a valid ground to dismiss the money claim of Atty. ST in Civil Case No. 456? Explain. (2%)
No, it is not a valid ground to dismiss Atty. ST's claim for sum of money. Under Section 20, Rule 3, when an action is for the recovery of money arising from contract, express or implied, and the defendant dies before entry of final judgment in the court in which the action is pending at the time of such death, it shall not be dismissed but it shall instead be allowed to continue until entry of the final judgment. A favorable judgment obtained by the plaintiff shall be enforced by in the manner specifically provided in the Rules for prosecuting claims against the estate of deceased person.

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