G.R. No. 200383 - Diampoc vs. Buenaventura

On October 18, 1993, Memoracion Z. Cruz filed a Complaint for Annulment of Sale, Reconveyance and Damages against her son Oswaldo Z. Cruz, alleging that she acquired a Tondo, Manila parcel under TCT No. 63467 but discovered in July 1992 a fraudulent transfer by deed dated February 12, 1973, resulting in TCT No. 0-199377 in the names of Oswaldo and his wife.
She sought reconveyance and damages, pursued barangay mediation, and secured a certificate to file suit.

After presenting evidence, Memoracion died on October 30, 1996. On January 13, 1997, her counsel notified the RTC of her death and named her son Edgardo Z. Cruz as legal representative.
Oswaldo moved to dismiss, arguing the action was personal and did not survive the plaintiff’s death.

On June 2, 1997, Branch 30, Manila RTC granted the motion and dismissed the case without prejudice, directing prosecution in estate proceedings.
On October 17, 1997, Edgardo manifested retention of counsel and moved for reconsideration, which was denied on October 31, 2000.
Edgardo filed an appeal; Judge Mindaro‐Grulla dismissed it for lack of remedy by appeal; Judge Purugganan later held that ordinary appeal was proper.

Under Rule 45, Edgardo (as representative) petitioned the CA in G.R. CV No. 80355.
On December 20, 2005, the CA affirmed the RTC order but deleted the directive to pursue estate proceedings; motion for reconsideration denied on June 21, 2006.
Petition for review under Rule 45 ensued before the Supreme Court.

Whether the CA erred in ruling that the petition for annulment of deed of sale, reconveyance and damages is a purely personal action that did not survive the plaintiff’s death.
Whether the CA erred in affirming with modification the RTC’s dismissal of the petition.