Petitioner
Iñigo S. Daza
Respondent
Felisa Tomacruz
Citation
G.R. No. 37046
Court
Supreme Court En Banc
Division
En Banc
Ponente
Imperial, J.
Decided
September 19, 1933

Summary

This case involves a property partition dispute over a fishery. Felisa Tomacruz registered property solely in her name despite co-ownership with her brother Father Tirso Tomacruz, then mortgaged it twice without his knowledge. Father Tirso later sold his half-interest to plaintiff Daza, who subsequently demanded partition. The Supreme Court affirmed the lower court's partition order, rejecting defendants' claims for improvement reimbursement and legal redemption rights. The Court found the legal redemption was exercised beyond the 9-day statutory period under Article 1524 of the Civil Code, and that defendants acted in bad faith by mortgaging property without the co-owner's consent. The case establishes important precedents on co-ownership rights, legal redemption periods, and good faith requirements in property transactions.

Statutes applied

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By the Intellegal Editorial Board · September 19, 1933

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