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PENEYRA v. IAC On December 23, 1983, petitioners filed their motion for reconsideration
G.R. No. 68935, January 22, 1990 of the order denying the admission of their amended complaint. Two days
Ponente: FERNAN, C.J: later, Eulogio Dizon died. Thereafter, his counsel moved to dismiss the
Digest by: MARGALLO complaint by reason thereof.
The trial court dismissed petitioners' complaint on the ground that the
TOPIC: Actions By and Against Executors and Administrators - Rule 87 action for damages did not survive the death of Eulogio Dizon. Petitioners
moved to reconsider but were unsuccessful.
DOCTRINE: CA ruled case should be with the SEC since it’s an intracorporate dispute,
An action for the recovery of damages for injury to personal property is not that the amendment to include Corregidor College, Inc. cannot be allowed
extinguished by the death of the defendant. This is because such action may and that the action for damages against Eulogio Dizon was extinguished
still be brought against the executor or administrator of the estate of the by his death.
defendant.