Cruz v. Cruz, G.R. No. 173292, September 1, 2010.

25 Jul



Memoracion Z. Cruz filed with the RTC a Complaint against her son, Oswaldo Z. Cruz, for “Annulment of Sale, Reconveyance and Damages.” After Memoracion finished presenting her evidence in chief, she died. The RTC was informed, albeit belatedly, of the death of Memoracion, and was supplied with the name and address of her legal representative, Edgardo Cruz.


Whether or not Petition for Annulment of Deed of Sale, Reconveyance and Damages is a purely personal action which did not survive the death of petitioner.



NO. The question as to whether an action survives or not depends on the nature of the action and the damage sued for. In the causes of action which survive, the wrong complained [of] affects primarily and principally property and property rights, the injuries to the person being merely incidental, while in the causes of action which do not survive, the injury complained of is to the person, the property and rights of property affected being incidental. Here, the petition for annulment of deed of sale involves property and property rights, and hence, survives the death of petitioner Memoracion.

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Posted by on July 25, 2017 in Civil Law, Succession


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