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Guinto v. Medina, 50 O.G. #1 p. 199, October 7, 1953.

25 Jul

FACTS

Leon Guinto filed an action for forcible entry against Santiago Medina alleging that he has been in possession of the said parcel of land since 1934 and that Medina by means of force and intimidation deprived him of his possession thereof. The trial court ruled in favor of Guinto but it dismissed the prayer for damages. Pending appeal, Medina died. Medina was substituted by his heirs. The Court awarded the damages appealed.

ISSUE

Whether or not the heirs of Medina are liable for damages, and if in the affirmative to what extent.

RULING

YES. The action to recover damages survives notwithstanding the death of the adverse party whom damages are sought to be recovered. In this case, the heirs of Medina are liable to pay the damages as they are merely substituted in the place of Medina upon his death. However, their liability is only to the extent of the value of the property, which they might have received from the deceased defendant.

 

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

 

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