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

[CARPIO, J.]

FACTS

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.

ISSUE

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.

 

RULING

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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Bonilla v. Barcena, G.R. No. L-41715, June 18, 1976.

[MARTIN, J.]

FACTS

Fortunata Barcena filed an action to quiet title over parcels of land. Pending the proceeding, she died. The counsel for deceased plaintiff filed a written manifestation praying that the minors Rosalio Bonilla and Salvacion Bonilla be allowed to substitute their deceased mother, but the court denied the counsel’s prayer for lack of merit, and dismissed the complaint on the ground that a dead person has no legal personality to sue.

ISSUE

Whether or not a court action survives, through the heirs, after the death of the plaintiff.

RULING

YES. Article 777 of the Civil Code provides “that the rights to the succession are transmitted from the moment of the death of the decedent.” From the moment of the death of the decedent, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, and they cannot be deprived of their rights thereto except by the methods provided for by law.  When Fortunata Barcena, therefore, died her claim or right to the parcels of land in litigation, was not extinguished by her death but was transmitted to her heirs upon her death. Her heirs have thus acquired interest in the properties in litigation and became parties in interest in the case. There is, therefore, no reason for the respondent Court not to allow their substitution as parties in interest for the deceased plaintiff.

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

 

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