Cruz v. Cruz

Facts:

Memoracion claimed that during her union with her common-law husband (deceased) Architect Guido M. Cruz, she acquired a parcel of land located at Tabora corner Limay Streets, Bo. Obrero, Tondo Manila; she discovered that the title to the said property was transferred by appellee and the latter's wife in their names by virtue of a Deed of Sale; that the said deed was executed through fraud, forgery, misrepresentation and simulation, hence, null and void; that she, with the help of her husband's relatives, asked appellee to settle the problem; that despite repeated pleas and demands, appellee refused to reconvey to her the said property; that she filed a complaint against appellee before the office of the Barangay having jurisdiction over the subject property; and that since the matter was unsettled, the barangay issued a certification to file [an] action in court.

Memoracion died on October 30, 1996.  Through a Manifestation, Memoracion's counsel, Atty. Roberto T. Neri, notified the trial court on January 13, 1997 of the fact of such death, evidenced by a certificate thereof.

Appellee filed an MR but was dismissed.

Memoracion's son-heir, Edgardo Z. Cruz, manifested to the trial court that he is retaining the services of Atty. Neri for the plaintiff.  Simultaneously, Atty. Neri filed an MR but was also denied.

Edgardo Cruz filed a notice of appeal but was dismissed.

Issue:

Whether the Court of Appeals erred in ruling that Memoracion Z. Cruz's Petition for Annulment of Deed of Sale, Reconveyance and Damages is a purely personal action which did not survive her death.

Held:

Yes. In the case of Bonilla v. Barcena:

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.

In the instant case, petitioner (plaintiff) Memoracion Z. Cruz died on 30 October 1996.  Her counsel, Atty. Roberto T. Neri, notified the trial court of such death on 13 January 1997, through a Manifestation. The Court considers such Manifestation, signed by Memoracion's heir, Edgardo Cruz, and retaining Atty. Neri's services as counsel, a formal substitution of deceased Memoracion by her heir, Edgardo Cruz.  It also needs mention that Oswaldo Cruz, although also an heir of Memoracion, should be excluded as a legal representative in the case for being an adverse party therein.