SAN JUAN V. CRUZ (CIVIL)

The heirs may be allowed to be substituted for the deceased without requiring the appointment of an administrator or executor. However, if within the specified period, a legal representative fails to appear, the court may order the opposing counsel, within specified period, to process the appointment of an administrator or executor who shall immediately appear for the estate of the deceased.

The pronouncement of this court in Lawas v. CA (relied upon by petitioner) that priority is given to the legal representative of the deceased (the executor or administrator) and that it is only in case of unreasonable delay in the appointment of an executor or administrator, or in cases where the heirs resort to an extrajudicial settlement of the estate that the court may adopt the alternative of allowing the heirs of the deceased to be substituted for the deceased, is no longer true.