Guinto v. Medina, 50 O.G. # 1, p. 199, Oct.

7,
1953.

SC held that the heirs of a defendant in a civil

action is liable for damages for such action
survives despite the defendant’s death.

As they are merely substituted in place of Santiago

Medina upon his death, their liability is only up to
the extent of the value of the property, which they
might have received from the original defendant,
Santiago Medina.

FACTS

Leon Guinto filed an action for forcible entry

against Santiago Medina alleging that he has been
in possession of the said parcel of land since 1934
and that Medina by means of force and
intimidation deprived him of his possession
thereof. The trial court ruled in favor of Guinto
but it dismissed the prayer for damages. Pending
appeal, Medina died. Medina was substituted by
his heirs. The Court awarded the damages
appealed.

ISSUE

Whether or not the heirs of Medina are liable

for damages, and if in the affirmative to what
extent.

RULING

YES. The action to recover damages survives

notwithstanding the death of the adverse party
whom damages are sought to be recovered. In
this case, the heirs of Medina are liable to pay the
damages as they are merely substituted in the
place of Medina upon his death. However, their
liability is only to the extent of the value of the
property, which they might have received from
the deceased defendant.