Chester I.

Tabuena
2014-0239

CARABEO vs. DINGCO

G.R. No. 190823 : April 4, 2011

FACTS:
On July 10, 1990, petitioner entered into a contract with respondents
whereby petitioner agreed to sell his rights over a parcel of unregistered land
to respondents. The respondents paid an initial amount and the remaining
balance would be paid later on. However, when the respondents were about
to pay the balance, the petitioner refused to accept the amount due to an on-
going dispute over the land. Hence, the filing of a complaint for specific
performance before the RTC. After the case was submitted for decision, the
petitioner passed away.

ISSUES:
Whether or not the death of the petitioner causes dismissal of the action filed
by the respondents.

HELD:
No. When the wrong complained of affects property rights, the death of the
petitioner does not cause the dismissal of the case. In Bonilla v. Barcena, it
was held that, 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. Thus, in the present case, the respondents are pursuing a
property right arising from the contract, whereas petitioner is invoking
nullity of the same to protect his proprietary interest. Since the action
involves property rights, it survives.