Petitioner
Alejandra Irlanda
Respondent
Catalina Pitargue
Citation
G.R. No. 6920
Court
Supreme Court
Division
First Division
Ponente
Torres, J.
Decided
March 28, 1912

Summary

This 1912 inheritance case involved a dispute over four tracts of coconut land originally owned by Anselmo Irlanda. Upon his death in 1887, the property passed to his two sons Felix and Vicente. When both sons died in 1902, their respective heirs claimed rights to the property. Plaintiff Alejandra Irlanda, granddaughter of Anselmo and daughter of Felix, sued for partition claiming her half-share by right of representation. Defendants, Vicente's widow and children, claimed prior partition had occurred. The Supreme Court affirmed the trial court's ruling that no partition had been made, recognized Alejandra's inheritance rights under Civil Code succession provisions, and ordered equal division of the property. The Court also awarded damages for fruits and profits from the filing date, emphasizing that among coheirs, actions for partition do not prescribe. This case establishes important precedent on right of representation in Philippine inheritance law.

Statutes applied

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By the Intellegal Editorial Board · March 28, 1912

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