- 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.