Fructuosa Cadiz v. Gregorio Cabunag

Summary

This case involved a dispute over partition of inherited lands among heirs of Petronilo Rodriguez, who was twice married. The main issue was whether Vicente Rodriguez (son of second marriage) could claim partition of lands that had been informally divided in 1904 among the four heirs and subsequently registered in individual names. The 1904 division allocated approximately 800-900 coconut trees to each heir, with Eugenia (married to defendant Gregorio Cabunag) receiving trees on larger but less developed land. After Eugenia's death in 1923, plaintiffs sought repartition. The Supreme Court affirmed the trial court's dismissal, ruling that the informal 1904 partition was sufficient for prescription purposes, Vicente's claims were time-barred, and under Article 1077 of the Civil Code, he could not maintain the action since he received more than his legal entitlement in the original division.