Rosario de Leon v. Balbina Pasion

Summary

This 1936 Supreme Court En Banc case involved a motion to dismiss an appeal filed by the heirs of deceased appellant Rosario de Leon. The appellee argued that the heirs were not proper parties since the original appellant had died and her administratrix had not prosecuted the appeal. The Supreme Court denied the motion, ruling that lawful heirs can prosecute appeals in special proceedings as 'legal representatives' under the Rules of Court. The Court emphasized that succession rights vest immediately upon death per Civil Code Article 657, and that heirs can administer ancestral property without formal administration when no debts exist. The decision established that any legally interested party may prosecute appeals in special proceedings, and procedural defects in appeal bonds can be cured rather than grounds for dismissal.