Case Summary (G.R. No. 173292)
Petitioner
Memoracion Z. Cruz, through counsel Atty. Roberto T. Neri; after her death, represented by heir Edgardo Z. Cruz.
Respondent
Oswaldo Z. Cruz, defendant in the action for annulment of sale, reconveyance, and damages.
Key Dates
• February 12, 1973 – Date of the alleged deed of sale.
• August 1991 – Title transferred under TCT No. 0-199377.
• October 18, 1993 – Filing of the complaint.
• October 30, 1996 – Petitioner’s death.
• January 13, 1997 – Counsel’s manifestation of death.
• June 2, 1997 – RTC order dismissing the case.
• October 17, 1997 – Heir’s manifestation of substitution.
• December 20, 2005 – CA decision affirming with modification.
• June 21, 2006 – CA resolution denying reconsideration.
• September 1, 2010 – Supreme Court decision.
Applicable Law
1987 Constitution; 1997 Revised Rules of Civil Procedure, Rule 45 (review on certiorari), Rule 3 § 16 (death of party), old Rule 3 § 21; Bonilla v. Barcena test on survival of actions; Civil Code, art. 777.
The Case
A petition under Rule 45 assailed the Court of Appeals’ affirmation, with modification, of the Regional Trial Court’s dismissal of petitioner’s action for annulment of sale, reconveyance, and damages against her son.
Antecedent Facts
Petitioner acquired a lot in Tondo, Manila, registered under TCT No. 63467. In August 1991 respondent and his wife re-registered the same property under a purported deed of sale dated February 12, 1973. Petitioner alleged that the deed was void for fraud, forgery, misrepresentation, and simulation. After barangay mediation failed, she filed suit in October 1993.
Procedural History
Petitioner died on October 30, 1996. Respondent moved to dismiss, arguing the action was purely personal and did not survive death. The RTC granted the motion on June 2, 1997. Petitioner’s heir filed a manifestation of substitution on October 17, 1997; the trial court denied reconsideration. The Court of Appeals affirmed the dismissal but deleted the directive to prosecute estate proceedings. Reconsideration before the CA was denied on June 21, 2006.
Issues
- Whether the annulment of sale and reconveyance action is purely personal and did not survive petitioner’s death.
- Whether the Court of Appeals erred in affirming the RTC’s dismissal.
Supreme Court’s Ruling
The Court held that the action rel
...continue readingCase Syllabus (G.R. No. 173292)
Nature of the Petition
- Petition for review under Rule 45 of the 1997 Revised Rules of Civil Procedure
- Seeks review of the Court of Appeals’ Decision dated 20 December 2005 and Resolution dated 21 June 2006 in CA-G.R. CV No. 80355
- Challenges the Regional Trial Court’s Order dated 2 June 1997 dismissing the action without prejudice
Antecedent Facts
- October 18, 1993: Memoracion Z. Cruz filed a Complaint for Annulment of Sale, Reconveyance and Damages in RTC Branch 30, Manila
- Subject property: parcel of land at Tabora corner Limay Streets, Bo. Obrero, Tondo, Manila, registered under TCT No. 63467 in petitioner’s name
- Discovery in July 1992: title transferred by appellee Oswaldo Z. Cruz and his wife under TCT No. 0-199377, based on a February 12, 1973 Deed of Sale allegedly wrought by fraud, forgery, misrepresentation and simulation
- Petitioner’s efforts: repeated demands for reconveyance; barangay complaint and issuance of a certification to file action in court
- October 30, 1996: petitioner died after presenting evidence in chief
- January 13, 1997: counsel notified the trial court of petitioner’s death and identified her son Edgardo Z. Cruz as legal representative
- June 2, 1997: RTC granted appellee’s motion to dismiss on grounds that the action was purely personal and did not survive petitioner’s death
- October 17, 1997: Edgardo Z. Cruz manifested retention of counsel and filed a motion for reconsideration, later denied; attempts at appeal and certiorari ensued until CA granted ordinary appeal
Procedural History
- RTC Branch 3