This case has been cited 3 times or more.
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2009-07-30 |
PERALTA, J. |
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| In Gonzalez v. Philippine Amusement and Gaming Corporation,[53] We have laid down the criteria for determining whether an action survives the death of a plaintiff or petitioner, to wit: x x x The question as to whether an action survives or not depends on the nature of the action and the damage sued for. If 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. x x x | |||||
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2008-06-18 |
BRION, J. |
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| A question preliminary to the application of the above provision is whether Civil Case Nos. B-1239 and B-1281 are actions that survive the death of Josefa. We said in Gonzalez v. Pagcor:[16] | |||||
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2007-06-21 |
SANDOVAL-GUTIERREZ, J. |
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| In Gonzales v. Philippine Amusement and Gaming Corporation,[4] we reiterated our long-settled ruling in Bonilla v. Barcena[5] on how to determine whether an action survives or not, thus: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. (Emphasis supplied) In his complaint and amended complaint filed with the trial court, Tomolin prayed for the (1) annulment of the Deed of Absolute Sale of a Parcel of Land dated July 13, 1998; (2) reconveyance of Lot No. 6098; (3) reconveyance of TCT No. T-1981; and (4) cancellation of TCT Nos. T-12112, T-12949, T-12950, T-12951, and T-12952 in the names of petitioners. | |||||