Doctrine of actio personalis moritur cum persona Lat. [The doctrine that] personal action terminates or dies with the person. [Santos v. Sec. of Labor, L-21624, 27 Feb. 1968]. The following are the cases decided by Supreme Court on the doctrine: It is true that a public office is personal to the public officer and is not a property transmissible to his heirs upon death. Thus, applying the doctrine of actio personalis moritur cum persona, upon the death of the incumbent, no heir of his may be allowed to continue holding his office in his place. [De Castro vs COMELEC, G.R. No. 125249, February 7, 1997 ] But while the right to a public office is personal and exclusive to the public officer, an election protest is not purely personal and exclusive to the protestant or to the protestee such that the death of either would oust the court of all authority to continue the protest proceedings. [De Castro vs COMELEC, G.R. No. 125249, February 7, 1997 ] An action for legal separati...
Case Digests and Doctrines Simplified